General Terms and Conditions
Home Telecom General Terms and Conditions
The following Terms and Conditions (referred to as "TAC") are between you, the customer, and, Home Telecom, Inc. The TAC constitutes a legal document that details your rights and obligations as a purchaser of Home Telecom services (individually and collectively referred to as "Services"). Your TAC will continue to apply to your Home Telecom Services when they are transferred from one location to another.
You must accept these TAC as a condition of receiving the Services. For purposes of the TAC, "you" and "your" refer to the person purchasing the Services. "We," "our," "us," refer to Home Telecom.
Home Telecom will comply with all applicable federal, state and local laws, to the extent that such laws apply to Home Telecom and its obligations under the TAC. If there is any conflict between the TAC and such applicable law, such applicable law controls. These conflicts could include, but are not limited to, fees and charges for service, billing and payments, notices, and your rights and remedies.
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.
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.
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.
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.
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.
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.
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.
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.
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.
DISCLAIMER OF WARRANTIES
YOU EXPRESSLY UNDERSTAND AND AGREE THAT:
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.
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.
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.
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. (e) Force Majeure events such as (but not limited to) acts of god; strikes; fire; war; riot; government actions
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.
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.
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 Video service, Home Telecom may also provide notices of changes to these TAC or other matters by displaying notices on Home Telecom Video. 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.
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.
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.
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.
The TAC does not provide any third party with a remedy, claim, or right of reimbursement.
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.
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.
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.
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.
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.
.The section titles and paragraph headings in the TAC are for convenience only and have no legal or contractual effect.
SCHEDULE 1: Home Telecom Voice Specific Terms of Service
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.
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.
INTERRUPTIONS, LIMITATIONS, AND MODIFICATIONS TO SERVICE
Home Telecom also limits the maximum number of days that voicemail messages will be retained; the maximum number of voicemail messages that will be retained by the Service; the maximum size of any voicemail 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.
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.
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.
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.
Home Telecom Video includes content available via Home Telecom Video, Equipment (see Section 6 of the General Terms of Service), and accessories.
BILLING AND PAYMENTS
For Home Telecom Video service, non-recurring and usage-based charges are generally billed in the billing cycle following the transaction. 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.
Equipment for Home Telecom TV service includes a Home Telecom Video Converter ("Converter"). You may request additional Converters and additional rental fees may apply depending on the Home Telecom Video package purchased.
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 usage-based services and content.
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.
Home Telecom Video is provided for your non-commercial personal viewing, use, and enjoyment in a private residential dwelling/office unit. You agree that the Home Telecom Video 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.
Terms and Conditions
This is the Service Agreement (“Agreement”) for Home Telecom’s Digital Voice service (“Service(s)”). This Agreement governs both the Service and any devices, such as an eMTA, router or any other IP connection device (“Device” or “Equipment”) used in conjunction with the Service. By activating the Service, you acknowledge that you have read and understood, and you agree, to the terms and conditions of this Agreement, and you represent that you are of legal age to enter this Agreement and become bound by its terms.
We may change our prices, fees, the Service and/or the terms and conditions of this Agreement in the future. Unless this Agreement or applicable law specifies otherwise, we will give you (30) days prior Notice of any significant change to this Agreement. If you find the change unacceptable, you have the right to cancel your Service(s). However, if you continue to receive Service(s) after the end of the notice period (the “Effective Date”) of the change, we will consider that you have accepted the changes. You may not modify this Agreement by making any typed, handwritten, or any other changes to it for any purpose.
Note: This Agreement contains a binding arbitration provision is Section 6 that affects your rights under this Agreement with respect to all Services.
1. Charges / Payments / Default / Taxes / Termination
Unless you have signed a minimum term agreement, Services are provided to you on a month-tomonth basis. Home Telecom will bill all charges, applicable taxes and surcharges monthly in advance (except for usage-based charges, which will be billed monthly in arrears, and any other charges which Home Telecom decides to bill in arrears), including but not limited to: activation fees, monthly Service fees, long distance and international usage charges, advanced feature charges, equipment purchases, applicable federal, state, and local taxes (however designated), any fees or payment obligations imposed by governmental bodies and disconnect fees. You agree to pay any regulatory recovery fees which Home Telecom invoices for you for municipal, state and federal government fees or assessments imposed on Home Telecom, or any programs in which Home Telecom participates, including, but not limited to public, educational and governmental access, universal service, telecom relay services for the visually/hearing impaired, rights-of-way access, and programs supporting the 911/E911 system. We will provide you with notice and an effective date of any change in our prices or fees, unless the change in price is related to a change in governmental or quasi-governmental taxes, fees or assessments, in which case we may elect not to provide notice except where required by applicable law.
Your first bill may include pro-rated charges from the date you first begin receiving Service, as well as monthly recurring charges for the next month and charges for non-recurring charges for any non-recurring services you have received.1.2 Billing Disputes
You must notify Home Telecom in writing within 30 days after receiving your Home Telecom statement if you dispute any Home Telecom charges on that statement or such dispute will be deemed waived. In the event that only a portion of the charges are in dispute, you agree to pay for all charges that are not in dispute. Billing disputes should be directed to Home Telecom via the customer service telephone line posted on the Home Telecom website or in writing to the following address:
PO Box 1194
Moncks Corner, SC 29461
Payment will be due as specified on the Customer bill. Commencing after that due date, a late charge of up to the highest interest rate allowable by state law will be applied to all amounts past due. Collection procedures and the requirement for a deposit are unaffected by the application of a late payment charge. The late payment charge does not apply to unpaid balances associated with disputed amounts. Undisputed amounts on the same bill are subject to the late payment charge if unpaid and carried forward to the next bill. Service may be denied or discontinued at Home Telecom's discretion for non-payment of amounts due past the due date. Restoration of Service will be subject to all applicable installation charges. Termination of Service for nonpayment leaves you FULLY LIABLE to Home Telecom for ALL CHARGES ACCRUED BEFORE TERMINATION and for all costs incurred by Home Telecom in collecting such amounts, such as (but not limited to) collection costs and attorney’s fees.
If you make a payment by check, you authorize Home Telecom to collect your check electronically. You agree that you may not amend this Agreement with any restrictive endorsements (such as “paid in full”), releases, or other statements on or accompanying checks or other payments accepted by Home Telecom and that any such notations shall have no legal effect.1.4 Termination / Discontinuance of Service
Home Telecom reserves the right to suspend or discontinue providing the Service for prohibited or unlawful use, abuse or failure to pay at any time in its sole discretion. If your Service is terminated for any stated reason, including without limitation violation of this Agreement, or because of any improper use of the Service or Equipment (such as, but not limited to, your attempts to hack, disrupt, or misuse the Service or your acts or omissions that violate any acceptable use policy of Home Telecom or of a third party provider to which Home Telecom is subject), you will be responsible for the full charges to the end of the current term, including without limitation unbilled charges, all of which immediately become due and payable. Home Telecom may discontinue providing the Service generally due to reasons related to changes in service availability in which case, Customer will only be responsible for charges accrued through the date of termination, including a pro-rated portion of the final month’s charges. Service is provided in month to month or full year terms.1.5 Taxes
You are responsible for, and shall pay, any applicable federal, state, municipal, local or other governmental sales, use, excise, value-added, personal property, public utility or other taxes, fees or charges now in force or enacted in the future, that arise from or as a result of Customer’s subscription or use or payment for the Service or Equipment. Such amounts are in addition to payment for the Service or Equipment and will be billed to your account. If you are exempt from payment of such taxes, you shall provide Home Telecom with an original certificate that satisfies applicable legal requirement attesting to tax-exempt status. Tax exemption will only apply from and after the date Home Telecom receives the Tax Exempt Document.
2.1 Customer Service and Support
Home Telecom provides normal customer service during regular business hours 8:30am to 6pm Monday through Friday for the purpose of answering standard customer service requests and questions. Home Telecom reserves the right to charge service fees for service requests. Service failure may be reported 24 hours a day 7 days a week to Home Telecom’s Control Center via telephone. Trouble diagnosis and repair for problems not due to the fault of Home Telecom will be charged at $75 per hour, with a one hour minimum. Such problems may include but are not limited to local LAN network problems or problems with customer owned equipment such as routers and firewalls.2.2 Loss of Service Due to Power Failure, Internet Access Failure, or Termination or Suspension by Home Telecom
You acknowledge and understand that the Service may not function in the event of power failure. The eMTA is equipped with a battery back-up to provide supplementary electricity during a power outage. You acknowledge and understand that the performance of the battery backup is not guaranteed. If the battery backup does not provide power, the Service will not function until normal power is restored. You also acknowledge and understand that the Service requires a fully functional broadband connection to the Internet and that, accordingly, in the event of an outage the Service will not function. Should there be an interruption in the power supply or in your access to the Internet, the Service will not function until power and access to the Internet are restored. A power or Internet access failure or disruption may require the Customer to reset or reconfigure equipment prior to utilizing the Service. Power or Internet access disruptions or failures will also prevent dialing to emergency service numbers including the 911 calling feature. Should Home Telecom suspend or terminate your Service, the Service will not function until such time as Home Telecom restores your Service (which may require payment of all invoices and reconnection fees owed by you and/or cure of any breach by you of this Agreement).2.3 Access to Your Premises
You agree to allow Home Telecom and our agents the right to enter at reasonable times your property upon which the Services and/or Home Telecom Equipment will be provided (the “Premises”), for purposes of installing, configuring, maintaining, inspecting, upgrading, replacing and removing the Services and/or Home Telecom Equipment used to receive any of the Services. You warrant that you are either the owner of the Premises or that you have the authority to give us access to the Premises. If you are not the owner of the Premises, you are responsible for obtaining any necessary approval from the owner to allow us and our agents into the Premises to perform the activities specified above. In addition, you agree to supply us or our agent, if we ask, the owner’s name, address and phone number and/or evidence that the owner has authorized you to grant access to us and our agents to the Premises.2.4 Incompatible Equipment and Services
You acknowledge and understand that Home Telecom Digital Voice may not support or be compatible with the following:
- Non-Recommended Configurations including but not limited to eMTAs not currently certified by Home Telecom as compatible with the Services;
- Certain non-voice communications equipment, including certain makes or models of alarm and home security systems, certain medical monitoring devices, certain home detention devices, certain fax machines, and certain “dial-up” modems;
- Rotary-dial phone handsets, and certain makes and models of other voice-related communications equipment including key systems, private branch exchange (PBX)
- Casual/dial around (10-10) calling, 976, 900, 700, or 500 number calling;
- 311, 511, or other N11 calling (other than 411, 611, 711, and 911); and
- Other call types not expressly set forth in our product literature (e.g., outbound shore-toship calling).
You agree that except for the wiring installed inside the Premises (“Inside Wiring”), all Equipment belongs to us and will not be deemed fixtures or in any way part of the Premises. Equipment includes all new or reconditioned equipment installed, provided or leased to you by us or our agents, including but not limited to, cabling or wiring and related electronic devices, cable modems, embedded multimedia terminal adapters (“eMTA”), wireless gateway/routers, any other hardware and all software or “downloads” to Equipment. You agree to use Equipment only for the Services pursuant to this Agreement. We may remove or change the Equipment at our discretion at any time the Services are active or following the termination of your Service(s). You agree to allow us access to the Premises for these purposes. You may not sell, lease, abandon or give away Equipment, or permit any other provider of video, high speed data or telephone services to use the Equipment. The Equipment may only be used in the Premises. At your request, we may relocate the Equipment in the Premises for an additional charge, at a time agreeable to you and us. YOU UNDERSTAND AND ACKNOWLEDGE THAT IF YOU ATTEMPT TO INSTALL OR USE THE EQUIPMENT OR SERVICES AT A LOCATION OTHER THATN THE PREMISES, THE SERVICES MAY FAIL TO FUNCTION OR MAY FUNCTION IMPROPERLY. You agree that you will not allow anyone other than Home Telecom employees or agents to service the Home Telecom Equipment. We suggest that the Equipment in your possession be covered by your homeowners, renters or other insurance. You will be directly responsible for loss, repair, replacement and other costs, damages, fees and charges if you do not return the Equipment to us in an undamaged condition.
You agree that the Service and the Equipment will be used only for personal, residential, noncommercial purposes. You may not provide the Service to any person who is not a member or guest in your household, or to persons outside your premises, whether for a fee or otherwise. You will take reasonable precautions to prevent others from gaining unauthorized access to the Service. For example, if you use a home wireless network with the Service, you will establish and use a secure password or similar means of limiting access to the members of your household. You will not use the Equipment at any time at an address other than the Premises without our prior written authorization. You agree to use the Service and Equipment only for lawful purposes. This means that you agree not to use the Service or Equipment for transmitting or receiving any communication or material of any kind which in Home Telecom’s sole judgment the transmission, receipt or possession of such communication or material: (i) would constitute a criminal offense, give rise to a civil liability, or otherwise violate any applicable local, state, national or international law or (ii) encourages conduct that would constitute a criminal offense, give rise to a civil liability, or otherwise violate any applicable local, state, national or international law (the uses described in clauses (i) and (ii) above are collectively referred to as “Prohibited Uses”). Home Telecom reserves the right to terminate your service immediately and without advance notice if Home Telecom, in its sole discretion, believes that you have violated the above restrictions, leaving you responsible for the full charges to the end of the current term, including without limitation unbilled charges, all of which immediately become due and payable. You are liable for any and all use of the Service and/or Equipment by yourself and by any person making use of the Service or Equipment provided to you and agree to indemnify and hold harmless Home Telecom against any and all liability for any such use. If Home Telecom, in its sole discretion believes that you have used the Service or Equipment for a Prohibited Use, Home Telecom may forward the objectionable material, as well as your communications with Home Telecom and your personally identifiable information to the appropriate authorities for investigation and prosecution and you hereby consent to such forwarding.2.6 Copyright / Trademark / Unauthorized Usage of Equipment, Firmware or Software
The Service, Equipment and all firmware and software used to provide the Service or provided to Customer in conjunction with providing the Service, or embedded in the Equipment, and all Service, information, documents and materials on Home Telecom’s website(s) 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 are and shall remain the exclusive property of Home Telecom and nothing in this Agreement shall grant you the right or license to use such Marks. You acknowledge that you are not given license to use the firmware or software used to provide the Service or provided to Customer in conjunction with providing the Service, or embedded in the Equipment, other than a nontransferable, revocable license to use such firmware or software (without making any modification thereto) strictly in accordance with the terms and conditions of the Agreement, and the Equipment is exclusively for use in connection with the Service.2.7 Tampering with the Equipment or Service
You agree not to change the electronic serial number or equipment identifier of the Equipment, or to perform a factory reset of the Equipment, without express permission from Home Telecom in each instance, which Home Telecom may deny in its sole discretion. Home Telecom reserves the right to terminate your Service should you tamper with the Equipment, in which case you shall be responsible for: (i) the full charges to the end of the current term, including without limitation to unbilled charges; (ii) a disconnect fee, and (iii) the cost of all tampered Equipment, all of which immediately become due and payable. You agree not to hack or disrupt the service or to make any use of the Service that is inconsistent with its intended purpose or to attempt to do so.2.8 Theft of 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 your Service is being stolen or fraudulently used. When you call or write, you must provide your account number and a detailed description of the circumstances of the Equipment theft or fraudulent use of Service. Failure to do so in a timely manner may result in the termination of your Service and additional charges to you. You will be liable for all use of the Service using Equipment stolen from you and any and all fraudulent use of the Service.2.9 Number Transfer on Service Termination
Upon termination of the Service, Home Telecom will release a telephone number that was ported in from a previous service provider to Home Telecom by you and used in connection with your Service provisioned by Home Telecom to your new service provider, if such new service provider is able to accept such number, upon your termination of the Service, and provided that: (i) your account has been terminated; (ii) your Home Telecom account is current including payment for all charges and disconnect fees; and (iii) you request the transfer upon terminating your account.2.10 Service Distinction
You acknowledge and understand that the Service is not a traditional telephone service. Important distinctions exist between traditional telephone service and the enhanced Service offering provided by Home Telecom. The Service is subject to different regulatory treatment than phone service. This treatment may limit or otherwise affect your rights of redress before Federal and State telecommunications regulatory agencies.
3. Emergency Services – 911 Dialing
3.1 5on-Availability of Traditional 911 or E911 Dialing Service
You acknowledge and understand that while the Service does support 911 or E911 access to emergency services there are circumstances under which E911 availability may be limited in comparison to traditional E911 service. Circumstances causing limitations or unavailability include, but are not limited to (i) relocation of your IP telephone, (ii) broadband connection failure, and (iii) loss of electrical power. You agree to inform any users, guests and other third persons who may be present at the physical location where you utilize the Service as to the limitations or unavailability of 911 or E911 dialing from your Digital Voice Service and Equipment.3.2 Limitation of Liability and Indemnification
You acknowledge and understand that Home Telecom’s liability is limited for any Service outage and/or inability to dial 911 from your line or to access emergency service personnel, as set forth in this document. You agree to defend, indemnify, and hold harmless Home Telecom, its officers, directors, employees, affiliates and agents and any other service provider who furnishes services to Customer in connection with this Agreement or the Service, from any and all claims, losses, damages, fines, penalties, costs and expenses (including, without limitation, reasonable attorneys fees) by, or on behalf of, Customer or any third party or user of Customer’s Service relating to the absence, failure or outage of the Service, including 911 dialing and/or inability of Customer or any third person or party or user of Customer’s Service to be able to dial 911 or to access emergency service personnel.3.3 Requires 5otification if You Move or Change Location
You acknowledge and understand that 911 dialing does not function properly or at all if you move or otherwise change the physical location of your Equipment to a different street address; unless and until you have successfully registered the new location with Home Telecom at http://911.HomeSC.com. Failure to provide the current and correct physical address and location of your Equipment will result in any 911 dialing you may make being routed to the incorrect local emergency service provider.3.4 Alternative 911 Arrangements
You acknowledge that Home Telecom Digital Voice does not offer primary line or lifeline services. You should always have an alternative means of accessing traditional E911 services.
4. Changes to this Agreement
Home Telecom may change the terms and conditions of this Agreement from time to time. Notices will be considered given and effective on the date posted on the Home Telecom website. The Agreement posted supersedes all previously agreed to electronic and written Service Agreement.
5. Warranty and Liability Limitations / Indemnification
5.1 Limitation of Liability
Home Telecom shall not be liable for any delay or failure to provide the Service, including 911 dialing, at any time or from time to time, or any interruption or degradation of voice quality that is caused by any of the following:
- Act or omission of an underlying carrier, service provider, vendor or other third party;
- Equipment, network or facility failure;
- Equipment, network or facility upgrade or modification;
- Force Majeure events such as (but not limited to) acts of god; strikes; fire; war; riot; government actions;
- Equipment, network of facility shortage;
- Equipment or facility relocation;
- Service, equipment, network or facility failure caused by the loss of power to Customer;
- Outage of Customer’s ISP or broadband service provider;
- Act or omission of Customer or any person using the Service or Equipment provided to Customer;
- Any other cause that is beyond Home Telecom’s control, including without limitation a failure of or defect in any Equipment, the failure of an incoming or outgoing communication, the inability of communications (including without limitation 911 dialing) to be connected or completed, or degradation of voice quality.
Home Telecom’s liability for any failure or mistake shall in no event exceed Service charges with respect to the affected time period.5.2 Disclaimer of Damages
In no event shall Home Telecom, its officers, directors, employees, affiliates or agents or any other service provider who furnishes services to Customer in connection with this Agreement or the Service be liable for any incidental, indirect, special, punitive, exemplary or consequential damages, or profits, or arising out of or in connection with the use or inability to use the Service, including inability to be able to dial 911 or to access emergency service personnel through the Service. The limitations set forth herein apply to claims founded in breach of contract, breach of warranty, products liability, tort and any and all other theories of liability and apply whether or not Home Telecom was informed of the likelihood of any particular type of damages.5.3 Indemnification
Customer agrees to defend, indemnify, and hold harmless Home Telecom, its officers, directory, employees, affiliates and agents and any other service provider who furnishes services to Customer in connection with this Agreement or the Service, from any and all claims, losses, damages, fines, penalties, costs and expenses (including, without limitation, reasonable attorneys fees) by, or on behalf of, Customer or any third party or user of Customer’s Service, relating to this Agreement, the Services, including 911 dialing, or the Equipment. This paragraph shall survive termination of this Agreement.5.4 5o Warranties on Service
Home Telecom makes no warranties, express or implied, including but not limited to, any implied warranties of merchantability, fitness of the service for a particular purpose title or noninfringement or any warranty arising by usage of trade, course of dealing or course of performance or any warranty that the service will meet customer’s requirements. Without limiting the foregoing, Home Telecom does not warrant that the service will be without failure, delay, interruption, error, and degradation of voice quality or loss of content, data or information. Neither Home Telecom nor its officers, directors, employees, affiliates or agents or any other service provider or vendor who furnishes service or products to Customer in connection with this Agreement or the Service will be liable for unauthorized access to Home Telecom’s or Customer’s transmission facilities or premises Equipment or for unauthorized access to, or alteration, theft or destruction of, customer’s data files, programs, procedures or information through accident, fraudulent means or equipments or any other method, regardless of whether such damage occurs as a result of Home Telecom’s or its service provider’s or vendors’ negligence. Statements and descriptions concerning the Service or Equipment, if any, by Home Telecom or Home Telecom’s agents or installers are informational and are not given as a warranty of any kind.5.5 5o Warranties, or Limited Warranties, for Equipment
If customer purchased the Equipment new from Home Telecom and the Equipment included a one-year limited warranty at the time or purchase, customer must refer to the separate limited warranty document for information on the limitation and disclaimer of certain warranties. If Customer’s Equipment did not include a limited warranty from Home Telecom at the time of purchase, Customer agrees that it accepts its Equipment “as is” and that Customer is not entitled to replacement or refund in the event of any defect.5.6 Disruption of Service
The Services are not fail-safe and are not designed or intended for use in situations requiring failsafe performance or in which an error or interruption in the Services could lead to severe injury to business, persons, property or environment (“High Risk Activities”). These High Risk Activities may include, without limitation, vital business or personal communications, or activities where absolutely accurate data or information is required. You expressly assume the risks of any damages resulting from High Risk Activities. We shall not be liable for any inconvenience, loss, liability, or damage resulting from any interruption of the Services, directly or indirectly caused by, or proximately resulting from, any circumstances beyond or control, including, but not limited to, causes attributable to you or your property; inability to obtain access to the Premises; failure of any cable signal at the transmitter; failure of a communications satellite; loss of use of poles or other utility facilities; strike; labor dispute; riot or insurrection; war; explosion; malicious mischief; fire, flood, lightening, earthquake, wind, ice, extreme weather conditions or other acts of God; failure or reduction of power; or any court order, law, act or order of government restricting or prohibiting the operation or deliver of the Services. In all other cases of an interruption of the Services, you shall be entitled upon a request made within sixty (60) days of such interruption, to a pro rata credit for any Service interruption exceeding twenty-four consecutive hours after such interruption is reported to us, or such a period of time as may be specifically provided by law. Unless specifically otherwise provided by law, such credit shall not exceed the fixed monthly charges for the month of such Service interruption and excludes all nonrecurring charges, one-time charges, per call or measured charges, regulatory fees and surcharges, taxes and other governmental and quasi-governmental fees. EXCEPT AND UNLESS SPECIFICALLY PROHIBITED BY LAW, SUCH CREDIT SHALL BE YOUR SOLE AND EXCLUSIVE REMEDY FOR AN INTERRUPTION OF SERVICE. IN NO EVENT SHALL COMPANY BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, EXEMPLARY, CONSEQUENTIAL OR PUNITIVE DAMAGES FROM WHATEVER CAUSE, INCLUDING, BUT NOT LIMITED TO, LOSS OF BUSINESS OR WAGES. Any credits provided by Home Telecom are at our sole discretion and in no event shall constitute or be construed as a course of conduct by Home Telecom.5.7 5o Third Party Beneficiaries
No provision of this Agreement provides any person or entity not a party to this Agreement with any remedy, claim, liability, reimbursement, or cause of action or creates any other third party beneficiary rights.5.8 Content
You are liable for any and all liability that may arise out of the content transmitted by or to you or Users using the Services. You shall assure that Your or User’s use of the Services and content will at all times comply with all applicable laws, regulations and written and electronic instructions for use. Home Telecom reserves the right to terminate or suspend affected Services, and/or remove Your or Users’ content from the Services, if Home Telecom determines that such use or content does not conform with the requirements set forth in this Agreement or interferes with Home Telecom’s ability to provide Services to you or others or receives notice from anyone that Your or Users’ use or Content may violate any laws or regulations. Home Telecom’s actions or inaction under this Section shall not constitute review or approval of Your or Users’ use or Content. You will indemnify and hold Home Telecom harmless against any and all liability arising from the content transmitted by or to you or to Users using the Services. A “User” means any person, whether authorized or unauthorized, using the Service and/or Equipment provided to you.5.9 Directory Listings
If one or more of the following conditions occurs regarding your directory listing information: (I) You request that your name, address, and/or phone number be omitted from a directory or directory assistance database, but that information is included in either or both; (II) You request that your name, address and/or phone number be included in a directory or directory assistance database, but that information is omitted from either or both; or (III) The published or listed information for your account contains material errors or omissions, then the aggregate liability of Home Telecom and its affiliates, suppliers or agents shall not exceed the monthly charges, if any, which you have actually paid to Home Telecom to list, publish, not list or not publish the information for the affected period or, if greater, an amount prescribed by applicable regulatory requirements. You shall hold harmless Home Telecom and its affiliates, suppliers or agents against any and all claims for damages caused or claimed to have been caused, directly or indirectly, by the errors and omissions in referenced above.
6. Governing Law / Resolution of Disputes
6.1 Mandatory Arbitration
Any dispute or claim between Customer and Home Telecom arising out of or relating to the Service or Equipment provided in connection with this Agreement shall be resolved by arbitration before a single arbitrator administered by the American Arbitration Association in accordance with its Commercial Arbitration Rules. The arbitrator’s decision shall follow the plain meaning of the relevant documents, and shall be final and binding. Without limiting the foregoing, the parties agree that no arbitrator has the authority to: (i) award relief in excess of what this Agreement provides; or (ii) award punitive or exemplary damages. Judgment on the award rendered by the arbitrators may be entered in any court having jurisdiction thereof. All claims shall be arbitrated individually and Customer will not bring, or join any class action of any kind in court or in arbitration or seek to consolidate or bring previously consolidated claims in arbitration. CUSTOMER ACKNOWLEDGES THAT THIS ARBITRATION PROVISION CONSTITUTES A WAIVER OF ANY RIGHT TO A JURY TRIAL.6.2 Right to Opt Out
You may opt out of this agreement’s arbitration provision. If you do so, neither you nor Home Telecom can require the other to participate in an arbitration proceeding. To opt out, you must notify Home Telecom in writing within 30 days of the date that your first became a subject to this arbitration provision. Your written notification to Home Telecom must include your name, address and Home Telecom account number as well as a clear statement that you do not wish to resolve disputes with Home Telecom through arbitration. Your decision to opt out of this arbitration provision will have no adverse effect on your relationship with Home Telecom or the delivery of Services to you by Home Telecom. If you have previously notified Home Telecom of your decision to opt out of arbitration, you do not need to do so again.
You must use the following address to opt out:
PO Box 1194
Moncks Corner, SC 29461
The Agreement and the relationship between you and Home Telecom shall be governed by the laws of the State of South Carolina without regard to its conflict of law provisions. You and Home Telecom agree to submit to the personal and exclusive jurisdiction of the courts located within the state of South Carolina and waive any objection as to venue or inconvenient forum. The failure of Home Telecom to exercise or enforce any right or provision of the Agreement shall not constitute a waiver of such right or provision. If any provision of the Agreement 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 Agreement remain in full force and effect. 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 Agreement must be filed within one (1) year after such claim or cause of action arose or be forever barred.6.4 Entire Agreement
This Agreement, the signed quotations and Home Telecom’s current long distance rates constitute the entire agreement between you and Home Telecom and govern your use of the Service, superseding any prior agreements between you and Home Telecom and any and all prior or contemporaneous statements, understandings, writings, commitments, or representations concerning its subject matter. No amendment to this Agreement shall be binding upon Home Telecom unless and until posted in accordance with Section 4 hereof.6.5 Severability
If any part of this Agreement is legally declared invalid or unenforceable, all other parts of this Agreement are still valid and enforceable. Such invalidity or non-enforceability will not invalidate or render unenforceable any other portion of this Agreement.
Notice to Customer of any changes to the “Service Agreement” shall be considered given by posting to the Home Telecom Web Site, www.HomeSC.com. Notice will be considered received by Customer, and such changes will become binding on Customer, on the date posted to the Home Telecom Web Site and no further notice by Home Telecom is required.
Home Telecom knows how important personal privacy is to our customers. Home Telecom maintains strict privacy policies and uses industry-accepted technologies to safeguard such information. As part of our commitment to our customers, Home Telecom adheres to the following Privacy/CPNI Policy.INFORMATION COLLECTED
Non-personal Information: We do collect various “anonymous” facts. This includes the number of lines, products/services used on a monthly basis, minutes of use by our customers collectively, etc. This generic information helps us keep up-to-date on how we are doing compared to others in our industry, so that we might improve our service.
Personal Information You Give Us: We collect the personal information you provide directly to us in the course of conducting business. This information can include name, address, date of birth, social security number, etc. This personally identifiable information is only used to conduct business with you, provide you with specific services, and to communicate with you. We may also use this information to send you information about new products and services. If you create a personal account with us and provide us with the above information for the purpose of conducting business, you authorize us to store that information. NO INFORMATION IS EVER SOLD, RENTED, OR GIVEN TO AN OUTSIDE PARTY unless required by law or unless that company is transacting business on our behalf. For example, we may use an independent company to conduct a customer satisfaction survey on our behalf, and they are only provided with customer names, mailing addresses, email addresses, and phone numbers temporarily.CUSTOMER PRIVACY
As stated above, we do not sell, trade, or rent your personal information to outside companies or marketing firms. We may share this information with affiliates and/or subsidiaries of Home Telecom. Even then, we share personal customer information only when required for the specific and limited purpose of analyzing and/or providing products or services.
Recent changes in Federal Communications Commission (FCC) regulations give the customer a new choice about how we use your account information to meet your future telecommunications needs. These new changes are designed to protect your privacy rights as a customer.
The Telecommunications Act now requires us to have your permission to use your Customer Proprietary Network Information (CPNI). CPNI is data that is not publicly available (name, address, phone number) and includes information such as type of service, number of telephone lines, amount of usage, and calling and billing records. You have the right to authorize use or non-use of your CPNI by Home Telecom and its affiliates and subsidiaries. Regardless of your decision, Home Telecom and its affiliates and subsidiaries will keep your information confidential. Giving us authorization only allows us to further customize the services we can provide to you, our valued customer.
You have the right under federal law to restrict the use of CPNI data, and we have a responsibility to protect your data. In order to restrict the use of your CPNI data, you must contact us in writing within 30 days of receiving this notification. Your restriction of this CPNI data will not affect the service or services to which you subscribe. This restriction of use of your CPNI data will remain valid until you contact us in writing or for two years, whichever comes first.OPT-OUT OF CPNI (CUSTOMER PROPRIETARY NETWORK INFORMATION)
Home Telecom utilizes Customer Proprietary Network Information (CPNI) when providing telecommunications products and services to our customers. CPNI is defined as information relating to the quality, technical configuration, destination and amount of use of telecommunications services, including information that may appear on your bill.
Under federal law, telephone companies have a duty to protect CPNI information. As a customer, you have a right to deny Home Telecom the use of CPNI for marketing purposes. This is considered an “Opt-Out” approach; or in other words, you may “Opt-Out” of allowing us to use your CPNI.
If you decide to “Opt-Out” you will not receive any additional product or service information beyond your current subscription enrollment. Denial of the use of your CPNI will not affect the provision of any services subscribed to by you. Home Telecom does not and will not sell or offer such information to any outside party unless required by law or unless that company is transacting business on our behalf. All CPNI information is used strictly by Home Telecom and its affiliates. Please note that information published in the telephone directory is not considered CPNI.
If you wish to “Opt-Out,” visit www.homesc.com/optout and fill out the “Opt-Out” form and submit.CABLE SUBSCRIBER POLICY
Pursuant to Section 631 of the Cable Communications Policy Act of 1984 (the “Cable Act”), Home Telecom is required to inform new subscribers and current subscribers on an annual basis of the existence of “personally identifiable” information collected by the cable system, how such information is used, under what conditions it may be disclosed, and the rights of subscribers concerning such disclosure. The law relates only to information that specifically identifies individual subscribers.
Generally, the law allows personally identifiable information to be collected and disclosed only insofar as it relates to the business of providing cable service to subscribers. Thus, Home Telecom may collect only that information about a subscriber that is necessary either to provide service to the subscriber or to monitor unauthorized reception of cable signals. This includes name and address, telephone number, account number, billing and collection information, service and installation records, subscriber correspondence, the cable services received by subscriber, maintenance, service and installation information (how many cable outlets you have and where they are located in your home) and marketing data (information collected from your application and other consumer questionnaires).
Cable systems may not monitor or collect any information on the transaction made by a subscriber using a service such as home shopping or home banking, except to the extent it is necessary to render the service.
Any information a cable system wishes to collect that is not related to either the rendering of a service or monitoring theft of service may be done only with the prior written consent of the subscriber.
Home Telecom’s disclosure of personally identifiable information, like its collection, is limited by the Cable Act to the disclosure of information necessary in order to provide a cable service or to conduct a legitimate business activity of Home Telecom.
Collected information is made available only to Home Telecom employees, its accountants, billing and collection agencies, installation subcontractors, program guide service providers, program service providers, and authorized consumer research which provide service to or act on behalf of the cable system. Information will be retained only as long as it serves a business purpose, including but not limited to maintenance of records for financial and tax accounting purposes, after which it will be destroyed. Our current policy is to keep such information for six calendar years (or a longer period if required by federal, state or local laws or governmental agencies) after a subscriber no longer is an active customer. Should our policy change or should we find it necessary to disclose such information to entities other than the ones listed above, we first will notify you. This would include disclosure to a debt collection agency if the subscriber were in arrears to the cable system.
The law permits cable systems to provide the names and addresses of subscribers for non-cable related mailing lists and other purposes unless the subscriber specifically and in writing prohibits or limits such disclosure.
The service to which you subscribe or the nature of any subscriber transactions conducted via the cable system may not be revealed.
If you do not want this system to provide your name and address for mailing list purposes, please let us know in writing by sending us a separate letter requesting so that includes your name, address, and account number to: Home Telecom, P.O. Box 1194, Moncks Corner, S.C. 29461, Attention: Customer Service. Your failure to do so constitutes your consent to the inclusion of your name and address. However, Home Telecom does not provide our customers’ names and addresses to noncable related mailing lists.
Disclosure of personally identifiable information may also be required by court order directed to Home Telecom. A governmental entity may obtain personally identifiable information pursuant to a court order only if the governmental entity provides to the court clear and convincing evidence that the information would be material evidence against a subscriber believed to be engaging in criminal activity, and only if the subscriber is given the opportunity to appear in court and contest the governmental entity’s claim.
As described above, federal law limits the type of personally identifiable information a cable system may collect and the circumstances under which it may be disclosed. A subscriber has the right to contest government agency claims to such information; to prevent the disclosure of his or her name and address for any mailing list or other non-cable related purposes; and to review all such information at the cable offices during regular business hours, given reasonable notice to the cable system by either phone or letter, and to correct any errors in the information. Should a subscriber believe the limits set forth in the Cable Act have been violated by the cable system, he or she may bring a civil suit for damages, including attorney fees and costs, in a U.S. district court against the cable operator.
Should you have any questions concerning the rights and obligations of Home Telecom or your rights under the subscriber privacy provisions of the Cable Act, you may contact one of our Home Telecom Business Offices by calling 800-577-2799.FCC BATTERY BACKUP DISCLOSURE
Maintaining Telephone Capability During Electrical Outages
Home Telecom Velocity telephone service and Home Telecom Digital Voice telephone service provided by an eMTA each require electrical power from your home to operate. IN THE EVENT OF A POWER FAILURE, YOUR TELEPHONE SERVICE WILL NOT WORK, INCLUDING 911 AND ANY HOME SECURITY OR MEDICAL MONITORING THAT RELIES ON YOUR TELEPHONE SERVICE UNLESS YOU HAVE A BATTERY BACKUP. In the past, Home Telecom often included a backup battery complimentary to customers with telephone. However, Home Telecom did not represent that such complimentary batteries were, or in the future would be, included with the service. If your Home Telecom equipment has a backup battery and you subscribe to Home Telecom’s SafeGuard service, Home Telecom will provide a replacement for you when necessary. If your Home Telecom equipment has a backup battery but you do not subscribe to SafeGuard, it is your sole responsibility for monitoring and replacing the backup battery when necessary. If your Home Telecom equipment currently does not have a backup battery or if your battery needs to be replaced, but you are not a SafeGuard subscriber, you are responsible for making your own decision about whether to supply backup power for your telephone services. To determine if your Home Telecom equipment has a backup battery or if the battery you have needs to be replaced, please visit homesc.com/battery for instructions. If you would like a backup battery, you may purchase a new battery from Home Telecom for a one-time charge.
Cordless telephones require power and will not function during a power outage even if you have a backup battery for your Home Telecom equipment. Home Telecom recommends that (in addition to having a backup battery) that you also maintain one corded phone connected directly to your in-home wiring for use in the event of a power failure. Additionally, you should always have an alternative means of dialing 911, such as a mobile telephone. Also, if you have a monitored home alarm or monitored medical device that uses Home Telecom telephone or internet service as the communications pathway, your monitored alarm will not function during a power outage without battery backup power for your Home Telecom telephone or internet service, as applicable. It is recommended that you subscribe to an alternative communications pathway such as cellular backup for your monitored alarm or medical device. Home Telecom shall have no liability for the failure of your services, including 911 services, to function during a power outage, including failure due to the absence or insufficiency of battery backup power.PERFORMANCE AND MONITORING OF YOUR BATTERY
The batteries provided by Home Telecom are rated to last for at least 8 hours in idle mode, when the battery is new. Up to 3 batteries may be purchased to provide 24 hour back-up. Multiple 8-hour batteries must be rotated by the customer to attain longer periods of back-up. The 8 hour SLA (Sealed Lead Acid) battery can generally sit on a shelf at room temperature with no charging for up to a year when at full capacity, but is not recommended. SLA (Sealed Lead Acid) batteries should be charged at least every 6 months to 9 months. The battery is intended to enable users to make short, emergency or other urgent telephone calls. During an extended power outage, use your telephone service sparingly to preserve your battery life. The actual length of time that your telephone service will be available during a power outage depends on many variables, including, but not limited to: the amount of phone usage when the service is utilizing power from the backup battery; whether the backup battery is properly installed and charged, such as whether it has had an opportunity to fully recharge after a prior outage; the condition and age of the backup battery; and the amount of prior usage of the battery. Batteries lose capacity with age. The estimated life for a new battery is 3-5 years; however, actual results will vary depending on usage patterns, load, frequency of power outages, and environmental conditions, including temperature extremes and fluctuations. Failure to adhere to proper storage and usage conditions will reduce the talk time available to you in an outage and the lifespan of your battery.
For additional information regarding backup batteries please visit homesc.com/battery or contact Customer Service at 800-577-2799.FREE TELEPHONE EQUIPMENT
For South Carolina residents who are deaf, hard of hearing, deaf-blind, blind/low vision with hearing loss, or speech impaired.
If you have a problem using a standard telephone, please contact: South Carolina Equipment Distribution Program, (SCEDP)
803-896-8337 (Voice/Local) or 1-877-225-8337 (Voice/Toll Free)
803-896-8334 (TTY/Local) or 1-877-889-8337 (TTY/Toll Free)
South Carolina School for the Deaf and the Blind Midlands Regional Outreach Center
Saluda Building, 101 Executive Center Drive, Suite 120, Columbia, SC 29210ANNUAL CUSTOMER DO-NOT-CALL NOTIFICATION
To address consumer concerns about unwelcome telemarketing calls, the Federal Communications Commission (FCC) and Federal Trade Commission (FTC) have established a national Do-Not-Call Registry. The registry applies to all telemarketers (with the exception of certain non-profit and political organizations) and covers both interstate and intrastate telemarketing calls. Commercial telemarketers are not allowed to call you if your number is listed on the registry.
You can register your phone number for free, and it will permanently remain on the national Do-Not-Call Registry. If you choose to remove your name from the list, you may do so at any time. The Do-Not-Call Registry will not prevent all unwanted calls. It does not cover the following:
- calls from organizations with which you have established a business relationship
- calls for which you have given prior written consent
- calls which are not commercial or do not include unsolicited advertisements
- calls by or on behalf of tax-exempt non-profit organizations
Consumers may register their residential telephone number, including wireless numbers, on the national Do-Not-Call Registry at no cost by telephone or on the internet. To register by telephone, consumers may call 1-888-382-1222. For TTY, call 1-866-290-4236. You must call from the phone number you wish to register. You may also register by internet at www.donotcall.gov. Inclusion of your telephone number on the national Do-Not-Call Registry will be effective within 31 days following your registration.