General Terms and Conditions

LEGAL AUTHORITY: You must be at least 18 years of age to purchase the Services as an individual or to accept the TAC as an authorized representative for the person or entity who purchases the Services. By accepting the TAC, you confirm you are an adult of at least 18 years of age. If you are an entity, by accepting the TAC, you confirm (through your duly authorized representative) that you are a corporation, partnership, or other legal entity duly formed (and incorporated if applicable) in good standing where required to do business with all legal authority and power to accept the TAC; and you are also confirming that the TAC constitutes a valid and binding obligation of yours. All use of the Services, whether or not authorized by you, shall be deemed your use. You are responsible for ensuring that all use of the Services complies with the TAC.

By enrolling in, activating, using, or paying for the Services, you agree to the TAC, including but not limited to the prices, charges, and terms and conditions provided to you in marketing and informational materials associated with the Services and on the Home Telecom web site, all of which are incorporated herein by reference. If you do not agree to all of the aforementioned terms and conditions, do not use the Services, and cancel the Services immediately by calling Home Telecom at 1-888-746-4482 for further directions.

UPDATES: The TAC may be updated or changed from time to time. You can review the most current version of the TAC at any time at: HomeSC.com. If Home Telecom makes a change to the TAC and that change has a material impact on the Services, you will be provided notice of that change. Your continued use of the Services following such notice constitutes your acceptance of those changes.

SPECIAL ARRANGEMENTS: Some customers may receive the Services through a special arrangement with their property owner or manager. If you have such an arrangement, the TAC shall apply to the Services, except that Home Telecom may not directly charge you for Services (including Equipment) provided to you as part of the special arrangement, and the Equipment return provisions may not apply to you even though Equipment remains Home Telecom-owned. You will be responsible for fees and charges associated with additional Service orders. You may have an additional agreement or contract with your property owner or manager that covers any applicable special arrangement. Any such additional agreement or contract is outside the TAC and Home Telecom is not responsible for nor bound by the terms of any agreement you may have with your property owner or manager. If the special arrangement with your property owner or manager terminates, you may have the option to continue receiving Service under standard billing terms and the TAC.

1. IMPORTANT TERMS

   
   

   Use of the Services is subject to the Home Telecom Acceptable Use Policy, which is incorporated herein by reference. Once you have purchased the Services you will have an account with Home Telecom ("Home Telecom Account"). Your Home Telecom Account will include information applicable to the Services including but not limited to billing information and charges related to the Services (whether recurring or one-time). The Home Telecom Privacy Policy, which is incorporated herein by reference, addresses Home Telecom's use of account information and other information specific to your use of Home Telecom Voice service. The Home Telecom Privacy Policy for Home Telecom and Home Telecom Cable TV Services, which is incorporated herein by reference, addresses Home Telecom's use of account information and other information specific to your use of Home Telecom Cable TV service.

2. INSTALLATION/SERVICE

   
   

   You will be responsible for payment of service charges for visits by Home Telecom or its subcontractors to your premises when a service request results from causes not attributable to Home Telecom or its subcontractors. You will provide Home Telecom and its subcontractors with reasonable access to your premises in order to install, maintain, and repair the Service and you authorize any other adult resident or guest at your residence to grant access to your premises for these purposes. You understand and agree that Home Telecom may drill, cut, and otherwise alter improvements on the premises (including walls, flooring, and/or other surfaces). If you do not own your premises or your unit is part of a multi-tenant environment (e.g., apartment building, condominium, private subdivision), you warrant that you have obtained permission from any necessary party, including but not limited to the owner, landlord, or building manager, to make alterations Home Telecom deems appropriate for the work to be performed.

   You acknowledge that Home Telecom may use existing wiring, including altering the wiring and removing accessories, located within your unit ("Inside Wiring"). You warrant that you own or control the Inside Wiring, and give Home Telecom permission to use, alter, and remove equipment from, such wiring. Without limiting any other provisions of this TAC, you agree to indemnify Home Telecom from and against all claims by an owner, landlord, building manager, or other party in connection with installation, maintenance, repair, or provision of the Services.

3. FEES AND CHARGES

   
   

   AGREEMENT TO PAY: You agree to pay all fees and charges for the Services associated with your Home Telecom Account, including recurring and nonrecurring charges, taxes, fees, surcharges, and assessments applicable to the Services, associated equipment, installation and maintenance, and including all usage and other charges associated with your account. In order to provide you with the Services, Home Telecom may pay taxes, fees, and surcharges to municipalities and other governmental entities, which Home Telecom may pass on to you.

   LATE PAYMENT CHARGE AND DISHONORED CHECK OR OTHER INSTRUMENT FEE : If the entire amount of payment due is not received by the payment due date, a late payment charge will be charged to you. Home Telecom may assign unpaid late balances to a collection agency for appropriate action. In the event legal action is necessary to collect on balances due, you agree to reimburse Home Telecom for all expenses incurred to recover sums due, including attorneys' fees and other legal expenses. You will be charged a fee for any check or other instrument (including credit card charge backs) tendered by you and returned unpaid by a financial institution for any reason.

   CHANGES TO FEES & CHARGES: If you signed up for Services for a specified term, Home Telecom will automatically begin charging the applicable month-to-month fee at the conclusion of your term. If you purchased the Services as part of a bundled offering with one or more other products and are receiving a discount based upon that bundled offering, your discount may cease and you may be billed the standard monthly rate for the Services if you change or disconnect one or more of the services in the applicable bundle. Home Telecom may, upon notice required by applicable laws, at any time change the amount of or basis for determining any fee or charge or institute new fees or charges.

4. BILLING AND PAYMENTS

   
   

   ADVANCE PAYMENTS AND/OR DEPOSITS: We may require you to make deposits or advance payments for Services, which we may use to satisfy your initial bill for Services, to offset against any unpaid balance on your account, or as otherwise set forth in the TAC or permitted by law. Interest will not be paid on advance payments or deposits unless required by law. We may require additional advance payments or deposits if we determine that the initial payment was inadequate. Based on your creditworthiness or for other reasons, we may establish limits and restrict service or features as we deem appropriate. If your account balance goes beyond the limit we set for you, we may immediately interrupt or suspend service until your balance is brought below the limit. Any charges you incur in excess of your limit become immediately due. Upon determination solely by Home Telecom of satisfactory payment history or as required by law, Home Telecom may begin refunding of the deposit or advance payment through bill credits, cash payments, or as otherwise determined solely by Home Telecom.

   PAYMENT CYCLE AND CANCELLATION: Billing for the Services commences when Home Telecom has provisioned the Services. Recurring charges for each month's Services will be billed one month in advance. Billing is based on a 30-day cycle. Non-recurring and usage-based charges for the Services generally will be billed in the billing cycle following the transaction. Your first bill for Services may include pro-rated charges for a partial monthly period prior to the beginning of your first monthly billing cycle. Upon termination you will be charged for the pro-rated number of days for which you had Services in that billing cycle and, if applicable, you will receive a credit for any balance of payments for Services billed in advance. A downgrade fee may apply if you make changes to your Service within thirty (30) days of Service provisioning or later programming orders.

   METHOD OF BILLING/PAYMENT: Fees and charges for the Services will be billed to your Home Telecom Account. You will receive a paper bill for the Service, unless you specifically notify us that you want to receive an online bill for the Services. Bill Inquiries and Refunds: If you believe you have been billed in error for the Services, please notify us within sixty (60) days of the billing date by contacting Customer Service (1-888-746-4482). Home Telecom will not issue refunds or credits after the expiration of this sixty-day period, except where required by law or regulation.

   PROMOTIONS AND CONTINGENT BENEFIT: You may receive or be eligible for certain discounts, features, promotions, and other benefits associated with your purchase of the Services as offered to you in marketing and informational materials, on the Home Telecom web site, or in other materials ("Benefits"). Any and all such Benefits are provided to you so long as you continue to meet qualification requirements; provided, however, such Benefits may be modified or terminated at any time as set forth in these TAC or if you change you Services after installation. Unless otherwise set forth in Benefits materials, standard monthly rates will be charged at the conclusion of the Benefits period or when you no longer qualify for the Benefits.

5. EQUIPMENT

   
   

   The Services include certain service specific equipment set forth in Schedule 1 and/or Schedule 2 that is required for the Services to function (service-specific equipment herein collectively referred to as "Equipment"). You agree to rent the Equipment as part of your purchase of the Services for the duration of your receipt of the Services. Rental fees will be included in your monthly charge for the Services. The Equipment requires electrical power from your premises to operate, which you are responsible for providing. You may also have an Optical Network Terminal ("ONT"), which is a box typically located on the side of your house or in your garage, where Home Telecom's fiber network terminates. The ONT also requires electrical power from your home to operate, which you are responsible for providing. Home Telecom installs an initial power supply box for the ONT when the first resident at a premise orders Home Telecom FTTH services. The ONT power supply box converts the AC power in your home to the DC power required by the ONT.

   BACKUP BATTERY FOR ONT: If there is an ONT at your premises and you are the first resident at the premises to order Home Telecom FTTH services, Home Telecom provides the initial backup battery for the ONT power supply box to you at no additional charge when your first Home Telecom service is installed. If a prior resident of the premises was the first resident to order Home Telecom services, Home Telecom provides the replacement backup battery for the ONT power supply box to you at no additional charge. Afterwards, Home Telecom will replace backup batteries based on alarms received in our central office.

   See Schedule 1, section IV, for more information on Power Outages and Backup Batteries.

   Home Telecom reserves the right to manage the Equipment during the time you are an Home Telecom customer and retains exclusive rights to data generated by the Equipment. Neither you nor a third party may change, interfere with, or block access to the Equipment data or settings. Home Telecom will repair or replace damaged Equipment as Home Telecom deems necessary. You understand that repair or replacement of the Equipment may delete stored content, reset personal settings, or otherwise alter the Equipment. If the Equipment was damaged due to your intentional acts or negligence as determined by Home Telecom, you will be responsible for the price of repair or replacement. Any tampering with the Equipment, including, for example, opening and attempting to modify the Equipment, or attempting to connect the Equipment to other hardware, will be treated as damage due to your intentional acts or negligence. You agree that you will use the Equipment only for its intended residential use, and not for any other purpose (such as on another Home Telecom network, or on another provider's (non-Home Telecom) network).

   Home Telecom will not provide support for, or be responsible for, ongoing maintenance or management of, customer-owned equipment.

6. INDEMNITY

   
   

   You agree to indemnify and hold Home Telecom and its subsidiaries, affiliates, directors, officers, agents, and employees harmless from any claim, demand, action, citation, or legal proceeding , including, but not limited to, those arising out of or resulting from the death or bodily injury of any person, or the damage, loss, or destruction of any real or tangible personal property, or for reasonable attorneys' fees, made by any party against Home Telecom, its subsidiaries, affiliates, directors, officers, agents, and employees arising out of or related to your use of or inability to use the Services, your connection to the Services, the provisioning or alleged failure to provision the Services, a violation of any provision of this TAC, or your violation of any rights of another.

7. INTERRUPTIONS, LIMITATIONS, AND MODIFICATIONS TO SERVICE

   
   

   Service may be temporarily interrupted or otherwise limited for a variety of reasons, some beyond the control of Home Telecom. Home Telecom reserves the right to refuse credit allowances for interruptions of Service. Home Telecom also reserves the right to modify or discontinue, temporarily or permanently, at any time and from time to time, the Services (or any function or feature of the Services or any part thereof) without liability. You acknowledge that Home Telecom may establish general practices and limits concerning use of the Services, including without limitation, the limits set forth in the attached Schedule 1 and Schedule 2.

   IP NETWORK INTERRUPTIONS: You acknowledge and understand that the Services will not function in the event of an IP network interruption.

8. ACCOUNT SECURITY

   
   

   CUSTOMER DUTY: You agree to keep confidential all passwords, user IDs, IP addresses, and other account identifiers and are solely responsible for any liability or damages resulting from your failure to maintain that confidentiality. You are solely and fully responsible and liable for all activities that occur under your Home Telecom Account, password, user ID, or IP address. You agree to: (a) immediately notify Home Telecom if you suspect any breach of security such as loss, theft, public use (unrestricted, open, communal or shared use by third parties unrelated and/or not affiliated with the Customer either for profit or not for profit) or unauthorized disclosure or use of your Home Telecom Account, password, user ID, or any credit or charge card number provided to Home Telecom by calling 1- 888-746-4482; (b) ensure you exit from your account as applicable at the end of each session; and (c) periodically change your password.

   ACCOUNT ACCESS: You authorize Home Telecom to provide information about and to make changes to your Home Telecom Account, including adding new service, upon the direction of any person able to provide information we deem sufficient to identify you.

   ASSUMPTION OF RISK: There is a risk that other users may attempt to access your Services, such as through the Internet or connected networks. You acknowledge this risk as inherent to the shared nature of the Services and you agree to take full responsibility for taking adequate security precautions and safeguarding your data.

   THEFT OF HOME TELECOM EQUIPMENT OR SERVICE: You agree to notify Home Telecom immediately, in writing or by calling the Home Telecom customer support line, if the Equipment is stolen or if you become aware at any time that Services are being stolen or fraudulently used. When you call or write, you must provide your Home Telecom Account number and a detailed description of the circumstances of the Equipment theft, including documentation of theft (e.g., a copy of a police report) or stolen or fraudulent use of the Services. You will be responsible for all charges incurred on your Home Telecom Account until you report the theft or fraudulent use of the Services. You will be responsible for stolen Equipment, however, Home Telecom may in its sole discretion waive or reduce charges for stolen Equipment upon submission of documentation of theft or other circumstances. Failure to provide notice to Home Telecom of theft in a timely manner may result in the termination of your Services and additional charges to you. Unless notified otherwise by Home Telecom, after you report the theft or fraudulent use of the Services, you will remain responsible for paying your monthly fees for Services not stolen or fraudulently used.

9. SUSPENSION AND TERMINATION

   
   

   SUSPENSION/TERMINATION BY HOME TELECOM: Your Services may be suspended or terminated if your payment is past due. While your Services are suspended you will not receive automatic credit balances (if any are due) and billing will continue for your monthly charges, and any applicable promotional offers may be discontinued and revoked as determined solely by Home Telecom. You will be charged a fee to restore your Service from suspension. In addition, Home Telecom may immediately terminate all or a portion of your Service or suspend Service, without notice, for conduct that Home Telecom believes (a) is illegal, fraudulent, harassing, abusive, or intended to intimidate or threaten; (b) constitutes a violation of any law, regulation, or tariff (including, without limitation, copyright and intellectual property laws); or (c) is a violation of these TAC, or any applicable policies or guidelines (including the Acceptable Use Policy), and Home Telecom may refer such use to law enforcement authorities without notice to you. Termination or suspension by Home Telecom of the Services also constitutes termination or suspension (as applicable) of your license to use any Software, if applicable.

   CONTACTS TO TERMINATE SERVICE: You may terminate the Services at any time by calling 1-888-746-4482. You must pay service fees and other charges incurred through the termination date. No cancellation or disconnect fee will apply, but you may be charged the value of any Equipment that is not returned in accordance with Section 6.

10. DISCLAIMER OF WARRANTIES

    
    

    YOU EXPRESSLY UNDERSTAND AND AGREE THAT:
    

    1. Your use of the services is at your sole risk. The services are provided on an "as is" and "as available" basis. Home Telecom expressly disclaims all warranties of any kind, whether express or implied, including but not limited to the implied warranties of merchantability, fitness for a particular purpose and non-infringement.

    2. Home Telecom makes no warranty that (I) the services will meet your requirements, (II) the services will be uninterrupted, timely, secure, or error-free, (III) the results that may be obtained from the use of the services will be accurate or reliable, (IV) the quality of any products, services, information, or other material purchased or obtained by you through the services will meet your expectations, or (V) the services will not conflict or interfere with other services from Home Telecom or third parties that you receive at your premises.

    3. No advice or information whether oral or written, obtained by you from Home Telecom or through or from the services will create any warranty not expresly stated in these TACs.




11. LIMITATION OF LIABILITY

    
    

    You expressly understand and agree that Home Telecom shall not be liable to you for any direct, indirect, incidental, special, consequential, or exemplary damages. Including, but not limited to, damages for personal injury, property damage, loss of profits, goodwill, use, data, or other intangible losses (even if Home Telecom has been advised of the possibility of such damages). Resulting from: (a) use of the services (which includes equipment, software, and inside or outside wiring), (b) the performance or non-performance of the services, (c) the installation, maintenance, removal, or technical support of the services, even if such damage results from the negligence or gross negligence of an Home Telecom installer, technician, or other representative, and/or (d) any inability to reach 911 emergency services, any alleged interference with alarm or medical monitoring signals, or any failure of alarm or medical monitoring signals to reach their intended monitoring stations allegedly as a result of the services.

    in any event, your sole and exclusive remedy for any dispute with Home Telecom in connection with the service is a refund not to exceed the total amount of service fees paid during the immediately preceeding twelve month period.

12. EXCLUSIONS AND LIMITATIONS

    
    

    Some jurisdictions do not allow the exclusion of certain warranties or the limitation or exclusion of liability for incidental or consequential damages. Accordingly, some of the above limitations of sections 12 and 13 may not apply to you.

13. NOTICE

    
    

    Unless otherwise specified in the TAC, notices to you may be made via email, regular mail, posting online at HomeSC.com, recorded announcement, bill message, bill insert, newspaper ad, postcard, letter, or call to your billed telephone number. In addition, if you purchase Home Telecom Cable TV service, Home Telecom may also provide notices of changes to these TAC or other matters by displaying notices on Home Telecom Cable TV. It is your responsibility to check for such notices.

    Unless otherwise specified in the TAC, notices by you to Home Telecom must be given by calling 1-888-746-4482 and such notices are effective as of the date that our records show we received your call; LEGAL NOTICES must be given by letter delivered by first class US mail to Home Telecom, PO Box 1194, Moncks Corner, SC 29461.

14. INTELLECTUAL PROPERTY

    
    

    All portions of the Services and Equipment and any firmware or software used to provide the Services or provided to you in conjunction with providing the Services, or embedded in the Equipment, and all Services, information, documents, and materials on related web site(s) are the property of Home Telecom or third-party providers and are protected by trademark, copyright, or other intellectual property laws and international treaty provisions. All websites, corporate names, service marks, trademarks, trade names, logos, and domain names (collectively "Marks") of Home Telecom or third-party providers are and shall remain the exclusive property of Home Telecom or third-party providers, and nothing in this Agreement shall grant you the right or license to use such Marks.

15. CREDIT REPORTING AUTHORIZATION

    
    

    As permitted under applicable laws and without limitation to other rights provided in these TAC or other applicable policies, you authorize Home Telecom to (a) disclose your account information, including your payment history and confidential information, to credit reporting agencies or private credit reporting associations, and (b) periodically obtain and use your credit report and other credit information from any source in connection with Home Telecom's offering of the Services and other services. You understand that if you fail to fulfill the terms of your obligations under these TAC, Home Telecom may report your failure to a credit reporting agency.

16. ASSIGNMENT

    
    

    Home Telecom may assign these TAC and its rights and obligations pertaining to the provision of the Services, or parts thereof, to a parent or affiliated company without notice to you. You may not assign these TAC or your rights or obligations pertaining to the Services or any parts thereof without the written consent of Home Telecom.

17. MISCELLANEOUS PROVISIONS

    1. The TAC does not provide any third party with a remedy, claim, or right of reimbursement.

    2. The TAC, any policies, guidelines, or other documents referenced herein, the provisions set forth in any marketing and informational materials or promotional offers for the Services, and the terms and conditions posted on the Home Telecom web site constitute the entire agreement between Home Telecom and you and supersede any prior agreements between you or Home Telecom with respect to the subject matter of the TAC.

    3. The TAC and the relationship between you and Home Telecom will be governed by the laws of the State of South Carolina without regard to its conflict of law provisions, and you and Home Telecom agree to submit to the personal and exclusive jurisdiction of the courts located within the county of Berkeley County, South Carolina.

    4. The failure of Home Telecom to exercise or enforce any right or provision of the TAC will not constitute a waiver of such right or provision.

    5. If any provision of the TAC is found by a court of competent jurisdiction to be invalid, the parties nevertheless agree that the court should endeavor to give effect to the parties' intentions as reflected in the provision, and the other provisions of the TAC shall remain in full force and effect.

    6. You agree that regardless of any statute or law to the contrary, any claim or cause of action arising out of or related to use of the Service or the TAC must be filed within one (1) year after such claim or cause of action arose or be forever barred.

    7. .The section titles and paragraph headings in the TAC are for convenience only and have no legal or contractual effect.

1. SERVICE DESCRIPTION
   
   

   When you accept the TAC, you become the main account holder for each telephone number assigned to the Home Telecom Voice service and all plans, features, and functionalities associated with each telephone number, whether those telephone numbers, plans, features, and functionalities are purchased initially or are added subsequently. The TAC applies to all such telephone numbers, plans, features, and functionalities, for both the main account and all sub accounts.



2. BILLING AND PAYMENTS
   
   

   For Home Telecom Voice service, non-recurring and usage-based charges generally billed in the billing cycle following the transaction include, but are not limited to, international calling (including surcharges for international termination to a wireless phone number), Operator Services, Directory Assistance (411 or xxx-555-1212), call trace, and overage minutes associated with defined minutes-of-use plans. Partial minutes are rounded up for per-minute usage charges.



3. INTERRUPTIONS, LIMITATIONS, AND MODIFICATIONS TO SERVICE
   
   

   Home Telecom also limits the maximum number of days that voice mail messages will be retained; the maximum number of voice mail messages that will be retained by the Service; the maximum size of any voice mail message; and the maximum disk space that will be allotted on Home Telecom's servers on your behalf. You agree that Home Telecom will have no responsibility or liability for the deletion, for failure to store or to deliver any messages and other communications, for the modification or malformation of communications over the Home Telecom Voice service, or for other content maintained or transmitted by Home Telecom Voice service. You further acknowledge that Home Telecom reserves the right to change these general practices and limits at any time without advance notice.

   Power Outages and Backup Batteries:You acknowledge and understand that Home Telecom FTTH and digital voice requires electrical power to function and that there must at all times be a working backup battery for your ONT or EMTA. You acknowledge and understand that it will take approximately 18 hours to charge an initial backup battery after FTTH voice is installed and/or after a replacement battery is installed. You acknowledge and understand that to conserve battery power during a power outage, you should not attempt to use the backup batteries for any purpose other than to power your FTTH voice service. You acknowledge and understand that the backup batteries supplied by Home Telecom do not provide power for cordless phones and that, if you are using a cordless phone with your Home Telecom FTTH voice service, a separate backup battery or other power source may be required if there is a power outage. You acknowledge and understand that you are solely responsible for obtaining and maintaining backup batteries or other sources of power for any cordless phones you use with your FTTH voice service.

4. HOME TELECOM VOICE 911 LIMITATIONS
   
   

   Home Telecom makes no warranty that Home Telecom voice service for access to 911 will be uninterrupted, timely, secure, or error-free or battery backup power (FTTH and digital voice only) will be sufficient to maintain the service throughout any and/or all power outages.

   You acknowledge and understand that Home Telecom will not be liable for any losses incurred directly or indirectly as a result of service outage and/or inability to dial 911 using your Home Telecom voice service or inability to access emergency service personnel for any reason, including but not limited to the 911 characteristics and limitations set forth in this document and/or the characteristics, limitations, and/or failure of the 911 network itself.

   Without limiting any provisions of the TAC, you agree to defend, indemnify, and hold harmless Home Telecom, its subsidiaries, affiliates, officers, agents, directors, employees, and any other service provider who furnishes services to you in connection with the Home Telecom FTTH voice service, from any and all claims, losses (including loss of profits or revenue), liabilities, damages, fines, penalties, demands, actions, costs, and expenses (including, without limitation, reasonable attorney fees) by, or on behalf of you or any third party or user of the Home Telecom voice service, regardless of the nature of the claim, including without limitation claims related to 911 dialing, arising from or in connection with any failure or outage of Home Telecom voice service or any failure or outage of the 911 network itself.

5. HOME TELECOM ALARM AND OTHER DEVICE COMPATIBILITY
   
   

   Home Telecom makes no warranty that (I) Home Telecom voice service used as a communications pathway for monitored burglar alarms, monitored fire alarms, and/or medical monitoring systems or devices, will be uninterrupted, timely, secure, or error-free, (II) the service will be compatible with any particular or all monitored burglar alarm(s), monitored fire alarm(s), or medical monitoring system(s) or device(s), or (III) battery backup power (FTTH and digital voice only) will be sufficient to maintain the service throughout any and/or all power outages.

   Potential incompatibility with monitored fire burglar alarm, monitored fire alarm, and medical monitoring systems, and other devices: monitored fire alarm and burglar alarm systems and medical monitoring devices may not be compatible with Home Telecom voice service.

   If you have or purchase a monitored fire alarm or burglar alarm system or a medical monitoring device that you intend to use with Home Telecom voice as the communications pathway, you agree to contact your provider for those systems/devices to determine compatibility with Home Telecom voice service and to arrange for your provider to test such systems/devices after installation of Home Telecom voice service. You also acknowledge and understand that even if such systems and devices are compatible with Home Telecom voice service, they will not be able to communicate with monitoring stations during a power outage unless you maintain battery backup power for Home Telecom FTTH or digital voice as described in these TAC. If you purchase a monitored burglar alarm or monitored fire alarm system after voice has been installed, you also agree to call Home Telecom prior to installation of any such system. Subsequent installation of these systems may require re-wiring of Home Telecom voice service, which may also result in time and material charges. (Home Telecom does not provide support for, or re-wiring of Home Telecom voice in support of, medical monitoring systems or devices).

   Once Home Telecom voice has been installed for use with a monitored fire alarm or monitored burglar alarm system, you agree that you will not change or modify the inside wiring of your home without contacting Home Telecom and your alarm service provider. you acknowledge and understand that if you change or modify your inside wiring it could result in a failure of your monitored burglar alarm or monitored fire alarm system.

   by accepting the TAC, you use Home Telecom voice service at your own risk and waive any claim against Home Telecom for interference with or disruption of a monitored fire alarm or burglar alarm system, a medical monitoring device, or other such systems or devices due to the Home Telecom voice service.

6. LOCAL NUMBER PORTABILITY
   
   

   In the event you are transferring an existing phone number for your Home Telecom Voice service (i.e., porting a number to Home Telecom Voice service), you hereby authorize Home Telecom to process your order for Home Telecom Voice and to notify your existing provider of your decision to switch your local, local toll, and long distance services to Home Telecom Voice service, and you represent that you are authorized to take this action. Not all telephone numbers are eligible for porting to Home Telecom Voice service.

1. SERVICE DESCRIPTION
   
   

   Home Telecom Cable TV includes content available via Home Telecom Cable TV, Equipment (see Section 6 of the General Terms of Service), and accessories.



2. BILLING AND PAYMENTS
   
   

   For Home Telecom Cable TV service, non-recurring and usage-based charges generally billed in the billing cycle following the transaction include, but are not limited to, Video on Demand and Pay Per View. As long as payments are current, you will have a limit (up to a maximum of $150) per bill cycle on such one-time orders billed to your account. This limit will vary based on creditworthiness or for other reasons. A downgrade fee may apply if you make changes to your Service within thirty (30) days of Service provisioning or later programming orders.

3. SERVICE-SPECIFIC EQUIPMENT
   
   

   Equipment for Home Telecom TV service includes a Home Telecom Cable TV Converter ("Converter"). You may request additional Converters and additional rental fees may apply depending on the Home Telecom Cable TV package purchased.

4. INTERRUPTIONS, LIMITATIONS, AND MODIFICATIONS TO SERVICE
   
   

   Some programming may not be available in certain areas due to legal, regulatory, and contractual prohibitions, including restrictions of the Federal Communications Commission and sports blackouts.
   As permitted under applicable law, in addition to other rights provided for in this TAC, in the event a payment is past due, Home Telecom may restrict your account to prevent access to video on demand, pay-per view, and other usage-based services and content.

5. DISCLAIMER OF WARRANTIES
   
   

   You expressly understand and agree that Home Telecom makes no warranty that the service will allow you to record, view, or transfer any particular program or content.

6. INTELLECTUAL PROPERTY
   
   

   Home Telecom Cable TV is provided for your non-commercial personal viewing, use, and enjoyment in a private residential dwelling/office unit. You agree that the Home Telecom Cable TV service will not be viewed in areas open to the public or in commercial establishments, and that admission will not be charged for listening to or viewing the Service. Your Home Telecom TV Service may not be copied, transmitted, reproduced, published, broadcast, rewritten, redistributed, or performed except as permitted by the "fair use" provisions of the U.S. copyright laws.

1. CREDIT CHECK CONSENT AND REPORTING AUTHORIZATION:
   
   

   You authorize and instruct any person, consumer reporting agency or credit reporting agency to complete and furnish to Home Telecom Wireless or for Home Telecom Wireless to compile any information it has on you or the entity on whose behalf you are making this application. You authorize Home Telecom Wireless to disclose information related to your account(s), including confidential information and payment history, to credit reporting agencies or private credit reporting associates. You also authorize Home Telecom Wireless to periodically obtain and use your credit report and other credit information from any source including credit-reporting agencies, private credit reporting associations, and other third parties, in connection with the provision and offering of wireless and other services. You are hereby notified that a negative credit report reflecting on your account may be submitted to a credit agency.

2. ADDITIONAL CHARGES:
   
   

   You agree that Home Telecom Wireless may add to its charges and you will pay charges from government and other third parties on any service such as taxes, fees, surcharges, roaming fees and assessments (collectively "Additional Charges"). You realize roamer charges may appear on a bill after the bill for the period in which the roaming occurs. None of the Additional Charges or changes to Additional Charges shall constitute a change in terms, conditions, rates, fees, expenses or charges for your service so long as they are merely passed through by Home Telecom Wireless.

3. LOST OR STOLEN TELEPHONE:
   
   

   If your wireless telephone is lost or stolen, you will be responsible for all charges incurred in your wireless number until you report the theft or loss and provide a police report number to Home Telecom Wireless. After you report the theft or loss to Home Telecom Wireless, you remain responsible for complying with your other obligations under this Agreement, including, but not limited to, payment of your monthly service fee. You also remain responsible for paying your monthly service fee if your service is suspended for nonpayment.

4. BAD CHECKS:
   
   

   Home Telecom Wireless will charge you $31.00, or the highest amount allowed by law, for any check or other instrument tendered by you and returned unpaid by a financial institution for any reason.

5. CHANGES TO RATES, TERMS AND CONDITIONS:
   
   

   Home Telecom Wireless may increase, reduce or otherwise change any terms, conditions, rates, fees, expenses, or charges regarding your service at any time. This includes, without limitation, prime or peak hour periods, rate plans and features, billing practices, late charges, Termination Fees and all other terms and conditions of service, including these Terms and Conditions. Home Telecom Wireless will provide you with notice of such changes (other than Additional Changes) either in your monthly bill or separately. IF Home Telecom Wireless INCREASES YOUR RATES, FEES OR CHARGES (OTHER THAN ADDITIONAL CHARGES), YOU MAY TERMINATE SERVICE WITHIN THIRTY (30) DAYS OF THE DATE OF THE NOTICE WITHOUT INCURRING A TERMINATION FEE.

6. WIRELESS TELEPHONE NUMBER:
   
   

   Home Telecom Wireless will assign you a wireless telephone number for your service. Unless pursuant to a specific Home Telecom Wireless rate plan, only one wireless telephone unit with a unique Electronic Serial Number (ESN) or one International Mobile Equipment Identifier (IMEI) at any one time may use any one wireless telephone number. You have no property rights in the wireless telephone number and cannot acquire such rights through usage, publication or otherwise. Home Telecom Wireless may change this number or assign it to another user in its discretion.

7. TERMINATION:
   
   

   You may terminate this Agreement, for any reason and without incurring the Early Termination Fee, within thirty (30) days of accepting your Agreement, PROVIDED, you will remain responsible for any Services fees and charges incurred. If you purchase Equipment directly from Home Telecom Wireless in connection with your Agreement, but you terminate within 30 days and fail to return the Equipment to Home Telecom Wireless, you will be subject to an Equipment Fee in the maximum amount of the difference between the no- commitment price of the Equipment and the amount you actually paid for the Equipment. Home Telecom Wireless may charge you a restocking fee for any returned Equipment. Some dealers impose additional fees.

8. SERVICE INTERRUPTION:
   
   

   Service may be temporarily interrupted, delayed or otherwise limited for a variety of reasons. Home Telecom Wireless does not guarantee you uninterrupted service. Airtime and other service charges apply to all calls, including involuntarily terminated calls. Subject to certain limitations, if your service is interrupted for 24 continuous hours or more, Home Telecom Wireless will issue you, upon request, a credit equal to a pro rata adjustment of the monthly service fee for the time period your service was unavailable, not to exceed the monthly service fee. An interruption is measured from the time you report it to Home Telecom Wireless.

9. LIMITATION OF LIABILITY:
   
   

   Home Telecom Wireless MAKES NO WARRANTY, EXPRESS OR IMPLIED, OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE, SUITABILITY, OR PERFORMANCE WITH REGARD TO THE SERVICES AND/OR GOODS PROVIDED HEREUNDER. In no event shall Home Telecom Wireless be liable, and you hereby release Home Telecom Wireless from liability, WHETHER OR NOT DUE TO THE NEGLIGENCE OF Home Telecom Wireless, for (a) any act or omission of any provider of service or facilities other than Home Telecom Wireless; (b) mistakes, omissions, interruptions, errors, failures to transmit, delays or defects in the service provided by or through Home Telecom Wireless; (c) and damage or injury caused by, or allegedly resulting from, the presence or use of any wireless telephone or service provided by Home Telecom Wireless, including, but not limited to, the presence or use thereof in any vehicle or on any property; (d) claims made against you by third parties; (e) damage caused by any suspension or termination of service by Home Telecom Wireless; (f) damages caused by failures or delays in the provision of, or making calls to, 911 or any other emergency service; or, (g) any damage or injury arising from alleged negligence or willful misconduct of any third party, including, without limitation, any directory assistance of Internet service provider. Home Telecom Wireless shall not be liable for any indirect, punitive, special, incidental or consequential losses or damages you or any third party may suffer or incur caused by use of, or inability to make use of, service or equipment provided by or through Home Telecom Wireless, such as, but not limited to (a) loss of business, revenue or profits, (b) damages or losses as a result of your inability to fulfill agreements with third parties, (c) claims of personal injuries, or (d) injury to goodwill. Home Telecom Wireless sole liability, if any, for loss or damage arising out of mistakes, omissions, interruptions, errors or any other causes, INCLUDING THE NEGLIGENCE OF Home Telecom Wireless, shall be limited as described in the Section on Service Interruption. To the full extent allowed by law, you hereby release, indemnify, and hold Home Telecom Wireless and its officers, directors, employees and agents harmless from and against any and all claims of any person or entity for damages of any nature arising in any way from or relating to, directly or indirectly, service provided by Home Telecom Wireless or any person's use thereof (including, but not limited to, vehicular damage and personal injury), INCLUDING CLAIMS ARISING FROM IN WHOLE OR IN PART THE ALLEGED NEGLIGENCE OF Home Telecom Wireless, or any violation by you of these Terms and Conditions. This obligation shall survive termination of your service with Home Telecom Wireless. Home Telecom Wireless is not liable for changes in operation, equipment or technology that cause your equipment or software to be rendered obsolete or require modification.

10. ARBITRATION:
    
    

    PLEASE READ THIS PARAGRAPH, CAREFULLY. IT AFFECTS RIGHTS THAT YOU MAY OTHERWISE HAVE, (a) Home Telecom Wireless and you shall use our best efforts to settle any dispute or claim arising from or relating to this Agreement. To accomplish this, Home Telecom Wireless and you shall negotiate with each other in good faith. If Home Telecom Wireless and you do not reach agreement within 30 days, instead of suing in court, Home Telecom Wireless and you agree to arbitrate any and all disputes and claims (including but not limited to claims based on or arising from and alleged tort) arising out of or relating to this Agreement, or to any prior agreement for products or service between you and Home Telecom Wireless or any of your or Home Telecom Wireless affiliates or predecessors in interest. The arbitrations of any dispute or claim shall be conducted in accordance with the wireless industry arbitration rules ("WIA Rules") as modified by this agreement and as administered by the American Arbitration Associate ("AAA"). The WIA Rules and fee information are available from Home Telecom Wireless or the AAA upon request. Home Telecom Wireless and you acknowledge that this agreement evidences a transaction in interstate commerce and that the United States Arbitration Act and Federal Arbitration Law shall govern the interpretation and enforcement of, and proceedings pursuant to, this or a prior agreement. Unless Home Telecom Wireless and you agree otherwise, the location of any arbitration shall be in the city where Home Telecom Wireless Switching Office is located. Home Telecom Wireless and you agree that no arbitrator has the authority to: (1) award relief in excess of what this agreement provides; (2) award punitive damages or any other damages not measured by the prevailing party's actual damages; or (3) order consolidation or class arbitration. Except as otherwise provided herein, all fees and expenses of the arbitration shall be equally borne by you and Home Telecom Wireless. The Arbitrator(s) must give effect to the limitations on Home Telecom Wireless liability as set forth in this Agreement, any applicable tariff, law, or regulation. In any arbitration utilizing the rules applicable to large/complex cases, as defined under the WIA Rules, the arbitrator(s) must also apply the Federal Rules Of Evidence, and the losing party may have the award reviews in accordance with the review procedures set forth in the WIA Rules. You agree that Home Telecom Wireless and you each is waiving its respective right to a trial by jury. You acknowledge that arbitration is final and binding and subject to only very limited review by a court. If for some reason this arbitration clause is at some point deemed inapplicable or invalid, you and Home Telecom Wireless agree to waive, to the fullest extent allowed by law, any trial by jury. In such case, judge shall decide the subject dispute or claim. Home Telecom Wireless, you and arbitrator(s) shall not disclose the existence, content, or results of any arbitration. Judgment on the award rendered by the arbitrator(s) may be entered in any court having jurisdiction thereof. Notwithstanding the foregoing, either party may bring an action in small claims court or magistrate's court.

11. OUT-OF-NETWORK ROAMING:
    
    

    Roamer charges result from using your cellular phone outside your Local Service Area (applicable to select rate plans) and appear only after Home Telecom Wireless is notified by the carrier servicing the area in which roaming occurs. Different Service rates apply and conditions of service may vary when you roam on another carrier's network. A roamer administration fee may be charged in any month in which one or more roamer charges appear on the bill, and actual charges billed may not be the same as are imposed by the serving carrier. IN ADDITION TO ANY LIMITATIONS OF LIABILITY STATED HEREUNDER, YOU ARE SUBJECT TO THE LIMITATION OF LIABILITY PROVISIONS IMPOSED BY THE ROAMING CARRIER ON THE ROAMING CARRIER'S OWN SUBSCRIBERS. YOU AGREE TO ACCEPT SERVICE ON A ROAMING CARRIER'S NETWORK ON AN "AS-IS" "WHERE-IS" BASIS WITHOUT WARRANTY OF ANY KIND. Certain rate plans require use of wireless telephones programmed with Home Telecom Wireless preferred roaming database. Phones not so programmed or incapable of roaming on the preferred carrier's networks may subject you to higher roaming rates or having your service converted to a different rate plan. Please check with your sales representative or the service-plan brochure for details and restrictions.

12. IPHONE AND CERTAIN OTHER DEVICES:
    
    

    An eligible data plan is required for certain devices, including iPhones and other designated smartphones and PDAs. Eligible data plans cover data usage in the U.S. and do not cover international data usage and charges. If it is determined that you are using an iPhone or other designated smartphone or PDA without an eligible data plan, Home Telecom Wireless reserves the right to add an eligible data plan to your account and bill you the appropriate monthly fee.

13. NOTICE REGARDING TRANSMISSION OF WIRELESS EMERGENCY ALERTS (Commercial Mobile Alert Service):
    
    

    Home Telecom Wireless has chosen to offer wireless emergency alerts within portions of its service area, as defined by the terms and conditions of its service agreement, on wireless emergency alert capable devices. There is no additional charge for these wireless emergency alerts. Wireless emergency alerts may not be available on all devices or in the entire service area, or if a subscriber is outside of the Home Telecom Wireless service area. In areas in which the emergency alerts are transmitted, such alerts may not be received by a subscriber or user of Home Telecom Wireless service even though the subscriber has a device capable of receiving them. For details on the availability of this service and wireless emergency alert capable devices, please ask a sales representative, or go to www.HomeSC.com to the Home Telecom Wireless Regulatory and Legal Documents Page. Notice required by FCC Rule 47 C.F.R. § 10.240 (Commercial Mobile Alert Service): In transmitting emergency alerts pursuant to federal law, Home Telecom Wireless, including its officers, directors, employees, vendors, and agents, shall not be liable to any subscriber to, or user of, Home Telecom Wireless service or equipment for any act or omission related to or any harm resulting from the transmission of, or the failure to transmit, an emergency alert; or the release to a government entity or agency, public safety, fire service, law enforcement official, emergency medical service, or emergency facility of subscriber information used in connection with delivering an emergency alert.

14. MISCELLANEOUS:
    
    

    This Agreement, the signature or rate summary sheet, the terms included in the rate brochure describing your plan, and any documents expressly referred therein makes up the complete agreement between you and Home Telecom Wireless and supersedes any and all prior agreements and understanding relating to the subject matter of this Agreement. Any conflict between this Agreement and any summary sheet, brochure or other document shall be resolved in favor of this Agreement. If any provision of this Agreement is found to be unenforceable by a court or agency of competent jurisdiction, the remaining provisions will remain in full force and effect. Home Telecom Wireless may assign the Agreement, but you may not assign or transfer this Agreement without Home Telecom Wireless prior written consent. Service is subject to the jurisdiction and regulations of the Federal Communications Commission and state regulatory agencies. Applicable federal and state laws of the state associated with the wireless number will govern this Agreement.