Terms of Service

HOT SPRINGS TELEPHONE COMPANY

TERMS OF SERVICE

INTRODUCTION

1. TERMS AND CONDITIONS FOR INTERNET ACCESS SERVICES

1. This agreement represents the complete agreement and understanding between Hot Springs Telephone Co. (hereinafter called HSTC) and Customer and supersedes any other written or oral agreement. Upon notice published on-line via HSTC Internet or sent by U.S. Postal Service, HSTC may change these terms and conditions, and/or change the prices charged for these services, and/or discontinue or change the services offered. The most current version of this Terms of Service (TOS) agreement can be found at https://hotspringsmt.net/tos
2. HSTC will not enable Customer’s Internet account until this form is received from the Customer or if Customer answers “Yes” in agreement to this same document upon first login. If customer is under 18 years of age, this form must be signed, dated and returned by Customer’s parent or legal guardian before the account will be activated.
3. Customer agrees to abide by the rules set out in the Acceptable Use Policy (hereinafter referred to as the “AUP”). The AUP for HSTC is designed to help protect HSTC, HSTC’s customers and the Internet community in general from irresponsible or, in some cases, illegal activities. The AUP is a non-exclusive list of the actions prohibited by Hot Springs Telephone Company. Hot Springs Telephone Company reserves the right to modify the AUP at any time, effective upon posting at https://hotspringsmt.net/AUP

2. ACCOUNT AND AGREEMENT TERM
   1. This agreement shall remain in effect until Customer terminates his/her account or HSTC terminates Customer’s account. HSTC may occasionally require new registration and account information by Customer to continue this service. In addition, Customer shall notify HSTC of any changes in the account information, such as address or phone number.
   2. HSTC reserves the right to change the terms and conditions by notifying Customer in writing or by email at least 30 days in advance of the effective date of the change. Use by the Customer after the effective date constitutes acceptance of the new terms and conditions. If Customer does not agree to the new terms and conditions, Customer may cancel this agreement at any time by giving HSTC proper written notice in accordance with the terms and conditions stated herein. (See 3.F).
   3. HSTC reserves the right to suspend an account at any time for any reason. If an account is suspended for reasons other than non-payment or violations of the AUP, customer will be notified of the reason(s) by certified mail. Customer then has ten business days to respond in writing. If Customer does not respond within ten business days, Customer’s files will be archived for two months and Customer’s account will be terminated.
   4. HSTC also reserves the right to terminate an account at any time for any reason.
3. BILLING / TERMS / CONDITIONS
   1. HSTC will bill Customer monthly subscription and connection fees as set forth in HSTC’s current rate schedule. This schedule may be modified by HSTC upon 30 days notice in writing or by email to Customer.
   2. The HSTC accounting cycle begins on the first day of each month. The HSTC accounting period is one month. Customer must notify HSTC at least 15 working days before the next payment is due if Customer wishes to change the method of payment. Customer must notify HSTC at least 10 working days before the beginning of the month if Customer wishes to change the type of account.
   3. Service payments will be submitted in advance of receiving services.
   4. Delinquent accounts are those that remain unpaid at the beginning of the next accounting cycle.
   5. Accounts that are delinquent by two weeks or more are put on “accounting hold” and may not be used. Accounts that are unpaid for one month automatically have their files archived. Accounts that are unpaid for two months have their files purged. HSTC accounts continue to accrue charges while they are on hold. There is a service charge of $41.00 to remove accounts from accounting hold status.
   6. Termination requests for HSTC Internet accounts must be received in writing via personal delivery, fax, or postal service at HSTC’s main office, or by telephone with password. Accounts will be terminated within 5 working days after the receipt of such requests. Customer will receive a refund for any prepaid access time not yet used. If Customer so requests, HSTC Internet will forward email to Customer’s new address, if any, for three months after termination.
   7. Customer is responsible for all fees up to the date of termination of the service, except where HSTC is unable to provide services under this agreement through its own negligence.
4. PROVISION OF SERVICES
   1. HSTC will provide services on its host computing systems to individual Customers in exchange for payment of fees and compliance with the terms and conditions of this document and the AUP. HSTC services are defined as the use by Customer of computing, telecommunications, software, and information services provided by HSTC. These services also include the provision of access to computing, telecommunications, software, and information services provided by others via the Internet.
5. SECURITY OF ACCOUNTS
   1. HSTC provided e-mail accounts are for individual users and Customer therefore agrees not to share the password or use of the account with others, including but not limited to other family members outside the immediate household or business associates. Customer acknowledges that HSTC may terminate the account without notice if the Customer does not comply.
6. ELECTRONIC MAIL
   1. As a general policy, the operators of HSTC prefer to keep electronic mail (email) private—however:
      1. Pursuant to the Electronic Communication Privacy Act of 1986 (18 U.S.C. 2701 et seq.), notice is hereby given that there are not facilities provided by this system for sending or receiving private or confidential electronic communications. The operators of HSTC Internet can read all messages left on this system, including electronic mail (email) messages addressed to persons other than the system administrators.
      2. “System administrators” and the term “Sysadmin” refers to those persons responsible for the operation and maintenance of HSTC Internet and their designated agents. The system administrators reserve the right to delete any message, regardless of whether such message has been received by its intended recipient(s).
      3. HSTC Internet reserves the right, without limitation, to grant “Sysadmin” status to other persons. Such persons have access to all communications on HSTC Internet and may have all rights of a system administrator, including the ability to delete or change the status of files. HSTC Internet and their system administrators will cooperate fully with telephone companies and law enforcement agencies to pursue the prosecution and conviction of anyone attempting unlawful access or anyone using this service for unlawful activities.
7. FILES ON OR AVAILABLE THROUGH HSTC COMPUTERS
   1. The operators of HSTC Internet take reasonable care with regard to the files that are available for download. However, HSTC cannot be held responsible for the software on or available through this system. All software is downloaded by you “as is” and you assume the entire risk of any harm that might occur through your use of this software.
8. OFFENSIVE OR ADULT MATERIALS
   1. HSTC exercises no control over the content of materials access through HSTC Internet. Some materials may be offensive or adult in nature. Customers less than 18 years of age must have a parent or legal guardian sign this agreement verifying that the parent or legal guardian understands that Customer will have access to such materials and accepts responsibility for monitoring and/or controlling such access.
9. USE OF MATERIAL
   1. Customer agrees not to use HSTC Internet services to violate copyright or other intellectual property rights of any author or publisher. For example, Customer may not upload or download commercial software in violation of software license agreements.
10. ABUSE OF HSTC INTERNET SERVICES
    1. Any use of HSTC Internet system resources that disrupts the normal use of the system for other HSTC Internet customers is considered to be abuse of system resources and is grounds for administrative intervention. Some examples of system abuse include using software to cause disruption of service for other users on HSTC’s network, sending large amounts of chain mail or running an unsolicited mailing list, and use of HSTC resources to distribute harmful processes or malware.
    2. Depending on the nature and the severity of the abuse, the user may receive an email warning, have their processes halted, or have their account suspended by HSTC Internet Technical Support. Customers who believe their activity has been misclassified may appeal to HSTC. If the misuse is unintentional, the suspension may be rescinded following a discussion with HSTC Internet Technical Support. If the misuse is intentional, the Customer account may be terminated at the discretion of HSTC pursuant to the terms listed under section 2.C
11. ABUSE OF INTERNET SERVICES
    1. Customer agrees to use the services provided by HSTC Internet as permitted by local, state, and federal laws. Customer agrees, therefore, not to use these services to conduct any business or activity or solicit the performance of any activity that is prohibited by law.
    2. Customer agrees not to use any HSTC Internet services to obtain the passwords of Customers on HSTC Internet or other systems. Customer agrees not to use HSTC Internet services to make unauthorized attempts to access the systems and networks of others.
       1. If Customer is discovered attempting to break into our system, Customer will have their account terminated immediately. (See 2.D)
       2. If Customer is discovered attempting to break into another system within the State of Montana, Customer will have their account terminated immediately (See 2.D), the system administrator of the other system will be notified and Customer will be reported to the local authorities.
       3. If Customer is discovered attempting to break into another system outside the State of Montana, Customer will have their account terminated immediately (See 2.D), the system administrator of the other system will be notified and Customer will be reported to the Federal Bureau of Investigation.
       4. Customer agrees to refrain from mass, unsolicited emailing. Customer agrees to post advertisements only where appropriate, for instance in biz, for sale, and other venues that specifically encourage or allow advertising.
       5. Customer agrees to the terms set out in the Acceptable Use Policy document (AUP), located at https://hotspringsmt.net/AUP
       6. Customer agrees to abide by HSTC’s interpretation of the above. If Customer needs help interpreting or applying these rules, Customer should ask HSTC Internet support staff for assistance.
12. DISCOVERING AND REPORTING ABUSE
    1. Violations of the HSTC Internet conditions of use are unethical and may in some cases be criminal offenses. You are expected to report to HSTC any information you may have concerning instances in which the conditions of use have been or are being violated. When HSTC becomes aware of possible violations, we will initiate an investigation. At the same time, in order to prevent further possible unauthorized activity, HSTC Internet may suspend access to services to the individual account in question. Confirmation of violations may result in termination of the individual account and/or criminal prosecution. The account suspension may be rescinded at the discretion of HSTC, following payment of a re-connection charge.
    2. HSTC reserves the right to monitor Customer’s actions when this is necessary to determine whether or not Customer is violating the Terms of Service (TOS) or Acceptable Use Policy (AUP).
13. WARRANTIES
    1. HSTC makes no warranties of any kind, whether expressed or implied, for its services. HSTC specifically disclaims any implied warranties of merchantability or fitness for any particular purpose. HSTC will not be responsible for any losses or damages resulting from delays, nondeliveries, misdeliveries, service interruption, or Customer’s errors or omissions. HSTC will not under any circumstances be responsible for consequential damages.
14. JURISDICTIONS
    1. The validity, construction, and performance of this agreement shall be governed by the laws of the State of Montana.
15. SEVERABILITY
    1. If any provision of this agreement is held by a court of competent jurisdiction to be contrary to law, the remaining provisions of this agreement will remain in full force and effect.
16. EFFECTIVE DATE
    1. This agreement shall become effective when Customer’s net access is enabled.

CUSTOMER SIGNATURE TODAY’S DATE

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