Randolph Telephone - Internet Use Policy

Internet Service Agreement
*Read This Internet Service Agreement Carefully Before Using Our Internet Services.

1. INTRODUCTION

Randolph Telephone (“Randolph”) provides its Internet services, as they may exist from time to time (“Services”), to users who pay a monthly service fee to subscribe to the Services (“Members”) as well as to those who access some of our Services but do not have accounts (“Visitors”). By establishing an account or using the Services, you agree to be bound by this Agreement and to use the Services in compliance with this Agreement, our Acceptable Use Policy and other policies.

If you do not agree to the terms and conditions of this Agreement, including any future revisions, you may not use the Services and if you are a current Member, you must terminate your use of the Services under Section 10.

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2. SUBSCRIPTION REQUIREMENTS.

Members must be at least 18 years old. Local access dial-up numbers may not be available in all areas. You are solely responsible for determining if use of a particular dial-up number will cause you to incur long-distance, toll, or other charges. Randolph is not responsible for any long-distance, toll or other telecommunications charges you incur. Simultaneous login access costs are extra. Current prices for Randolph’s Services are posted throughout our website at http://www.rtmc.net or http://www.rtelco.net. These rates may also be obtained by calling one of the following customer service numbers; 879-5684; 622-7900; 581-7995; or 464-6110. Please choose the number that is a local call from your area. Randolph reserves the right to change prices and institute new fees at any time upon 30 days prior notice.

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3. PAYMENT OBLIGATIONS OF A MEMBER.

(a) Members must (i) provide Randolph with accurate and complete billing information including legal name, address, telephone number, and credit card/billing information, and (ii) report to Randolph all changes to this information within thirty (30) days of the change. Members are responsible for any charges to their account.

(b) Members having questions regarding charges to an account should contact Randolph’s Customer Service Department at 879-5684; 622-7900; 581-7995; or 464-6110. (Please choose the number that is a local call from your area.) All charges are considered valid unless disputed in writing within thirty (30) days of the billing date. Adjustments will not be made for charges that are more than 30 days old.

(c) Charges are billed to Members’ credit cards or via bank draft, as applicable, each month for the basic service and any additional usage or services. Randolph is not responsible for any charges or expenses (e.g for overdrawn accounts, exceeding credit card limits, etc.) resulting from charges billed by Randolph.

(d) If paying by check, payments are due upon receipt and past due after the date stated on bill.

(e) If you pay for Services through a prepayment plan, automatic billing described above shall only apply to the charges not paid for through the prepayment plan.

(f) Delinquent accounts may be suspended or canceled at Randolph’s sole discretion; however, charges will continue to accrue until the account is canceled. Randolph may bill an additional charge to reinstate a suspended account.

(g) Randolph bills for simultaneous logins on an account. This means that multiple users dialing into the same account, at the same time will incur additional charges. The simultaneous usage charges are in addition to any other charges in effect for your account. Please note that you are responsible for recognizing when more than one person is logged in at the same time.

(h) Randolph may charge for taxes and other applicable fees. (I) Effective October 1, 2003, customers who receive late payment notices will incur a $1.00 charge per notice on the next month's bill.

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4. MEMBER'S ACCOUNT, PASSWORD, AND SECURITY.

Upon registration, Members receive a username, password, and account designation. You and members of your household or business, if you have purchased a business account, are the only authorized users of your Randolph account and must comply with this Agreement. You must keep your password confidential so that no one else may access the Services through your account. You must notify Randolph immediately upon discovering any unauthorized use of your account.

You may not resell the Service or engage in similar activities, commercial or non-commercial, which constitute resale, use the Service for high volume or commercial use (e.g., revenue generation, advertising, etc.), or as a dedicated or quasi-dedicated line. If your dial-up account is idle for thirty (30) minutes, it will be subject to log-off automatically and without notice. An account session may be deemed to be idle if there appears to be no interactive, human generated data received from the remote user’s computer system within a prescribed amount of time. Email accounts exceeding the Member's allotted email space (5 MB) may, at Randolph’s discretion, be transferred to a compressed temporary file or storage. Randolph may delete the temporary file from the server 60 days after notifying you. Any free Web site exceeding the amount of space allotted to such Member may be deleted after email notification. Member will have five (5) business days to reduce the disk space usage to the amount of space allotted or less or purchases additional megabytes. If after five (5) business days Member has not reduced the disk space or purchased additional megabytes, the space will be deleted without further notification.

Members agree not to use any automatic method to avoid inactivity disconnect or to otherwise maintain a connection unless actively using it. Members agree not to provide any public information services over a dial-up connection.

Randolph may change its POP numbers at any time. Randolph reserves the right to direct Members to use certain numbers to access the Service or to restrict use of specific access numbers. Usernames, passwords and email addresses are Randolph’s property and Randolph may alter or replace them at any time.

Randolph will issue email aliases based upon availability of the alias requested. If you surrender your alias by changing it, terminating your account, or because your account is terminated for cause, Randolph Telephone shall not be obligated to reserve that alias for you or to receive or forward emails addressed to that alias.

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5. MONITORING THE SERVICES.

Randolph has no obligation to monitor the Services, but may do so and disclose information regarding use of the Services for any reason if Randolph, in its sole discretion, believes that it is reasonable to do so, including to: satisfy laws, regulations, or governmental or legal requests; operate the Services properly; or protect itself and its Members. Please see our Privacy Policy. Randolph may immediately remove your material or information from Randolph’s servers, in whole or in part, which Randolph, in its sole and absolute discretion, determines to infringe another’s property rights or to violate our Acceptable Use Policy.

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6. DISCLAIMER OF WARRANTIES and LIMITATION OF LIABILITY.

EXCEPT FOR CERTAIN PRODUCTS AND SERVICES SPECIFICALLY IDENTIFIED AS BEING OFFERED BY RANDOLPH, RANDOLPH DOES NOT CONTROL ANY MATERIALS, INFORMATION, PRODUCTS, OR SERVICES ON THE INTERNET. THE INTERNET CONTAINS UNEDITED MATERIALS, SOME OF WHICH ARE SEXUALLY EXPLICIT OR MAY BE OFFENSIVE TO YOU. RANDOLPH HAS NO CONTROL OVER AND ACCEPTS NO RESPONSIBILITY FOR SUCH MATERIALS. YOU ASSUME FULL RESPONSIBILITY AND RISK FOR USE OF THE SERVICES AND THE INTERNET AND ARE SOLELY RESPONSIBLE FOR EVALUATING THE ACCURACY, COMPLETENESS, AND USEFULNESS OF ALL SERVICES, PRODUCTS, AND OTHER INFORMATION, AND THE QUALITY AND MERCHANTABILITY OF ALL MERCHANDISE PROVIDED THROUGH THE SERVICE OR THE INTERNET.

THE SERVICES ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS. RANDOLPH DOES NOT WARRANT THAT THE SERVICES WILL BE UNINTERRUPTED, ERROR-FREE, OR FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. RANDOLPH MAKES NO EXPRESS WARRANTIES AND WAIVES ALL IMPLIED WARRANTIES INCLUDING, BUT NOT LIMITED TO, WARRANTIES OF TITLE, NONINFRINGEMENT, MERCHANTABILITY, AND FITNESS FOR A PARTICULAR PURPOSE REGARDING ANY MERCHANDISE, INFORMATION OR SERVICE PROVIDED THROUGH RANDOLPH OR THE INTERNET GENERALLY. NO ADVICE OR INFORMATION GIVEN BY RANDOLPH OR ITS REPRESENTATIVES SHALL CREATE A WARRANTY. RANDOLPH AND ITS EMPLOYEES ARE NOT LIABLE FOR ANY COSTS OR DAMAGES ARISING DIRECTLY OR INDIRECTLY FROM YOUR USE OF THE SERVICES OR THE INTERNET INCLUDING ANY INDIRECT, INCIDENTAL, EXEMPLARY, MULTIPLE, SPECIAL, PUNITIVE, OR CONSEQUENTIAL DAMAGES. IN ANY EVENT, RANDOLPH’S CUMULATIVE LIABILITY TO ANY MEMBER FOR ANY AND ALL CLAIMS RELATING TO THE USE OF THE SERVICES SHALL NOT EXCEED THE TOTAL AMOUNT OF SERVICE FEES PAID DURING A ONE YEAR PERIOD.

RANDOLPH TELEPHONE DOES NOT GUARANTEE OR WARRANT THAT ANY DIALUP ACCESS NUMBERS PROVIDED WILL BE A LOCAL CALL FROM YOUR LOCATION. RANDOLPH TELEPHONE IS NOT RESPONSIBLE FOR ANY CHARGES, INCLUDING BUT NOT LIMITED TO, LONG DISTANCE, METERED LOCAL OR TOLL CHARGES INCURRED WHEN YOU ACCESS THE SERVICE. YOU SHOULD CHECK WITH YOUR LOCAL PHONE COMPANY TO DETERMINE WHETHER A DIAL-UP NUMBER YOU HAVE SELECTED IS A LOCAL CALL FROM YOUR LOCATION AND WHETHER ANY CHARGES MAY APPLY.

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7. SOFTWARE LICENSE.

Randolph grants to each Member a limited, nonexclusive, nontransferable and non-assignable license to install and use the Randolph access software (including software from third-party vendors that Randolph distributes; in object code format), its associated documentation, and any updates thereto (“Licensed Programs”) in order to access and utilize the Services. Each Member agrees to use the Licensed Programs solely in conjunction with the Services and for no other purpose. Randolph may modify the Licensed Programs at any time, for any reason, and without providing notice of such modification to a Member.

The Licensed Programs constitute confidential and proprietary information of Randolph and Randolph’s licensors and embody trade secrets and intellectual property protected under United States copyright laws, other laws, and international treaty provisions. All right, title, and interest in and to the Licensed Program, including associated intellectual property rights, are and shall remain with Randolph and Randolph’s licensors. Member shall not translate, decompile, reverse engineer, distribute, remarket, or otherwise dispose of the Licensed Programs or any part thereof.

You may not download, use, or otherwise export or re-export the Licensed Programs or any underlying information or technology except in full compliance with all United States and other applicable laws and regulations. By installing or downloading the Software, you represent and warrant that you are not located in, under the control of or a national or resident of any country on the U.S. Treasury Department’s list of Specially Designated Nationals or the U.S. Commerce Department’s Table of Deny Orders. Contractor/manufacturer is Randolph Telephone, 3733 Old Cox Road, Asheboro, NC 27205.

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8. WEB SITE USAGE.

Our site on the World Wide Web with its home pages in the domain “rtmc.net”, “rtelco.net”, or any other site operated by Randolph (the "Web site") is a complimentary information service offered by Randolph at no charge to users.

We may provide links on the Web site to other Web sites which are not under our control. In general, any Web site which has an address (or URL) which does not contain “rtmc.net” or “rtelco.net is such a Web site. These links are provided for convenience only and are not intended as an endorsement by Randolph of the organization or individual operating the Web site or a warranty of any type regarding the Web site or the information on the Web site.

You may provide a hypertext link to our Web site on another Web site, provided that: (a) the link must be clearly marked "Randolph Telephone", (b) the link must "point" to the URL "http://www.rtmc.net" or "http://www.rtelco.net" and not to any other pages within the Web site, (c) the appearance, position and other aspects of the link may not be such as to damage or dilute the goodwill associated with our name and trademark(s), (d) the appearance, position and other aspects of the link may not create the false appearance that an entity is associated with or sponsored by Randolph , (e) the link, when activated by a user, must display this Web site full-screen and not within a "frame" on the linked Web site, and (f) Randolph may, in its sole discretion, revoke consent to link to our website at any time. All other hypertext links to the Web site must be approved in writing by Randolph.

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9. TERM OF AGREEMENT.

Continued use of the Services constitutes acceptance of this Agreement and any future versions. If you are dissatisfied with the Services or any related terms, conditions, rules, policies, guidelines, or practices, your sole and exclusive remedy is to discontinue using the Services and, if you are a Member, to terminate your account.

You agree that Randolph Telephone may revise the terms and conditions of this Agreement (including any of the policies that may be applicable to your use of the Service) by posting such revisions at www.rtmc.net or www.rtelco.net. You agree to visit these websites periodically to be aware of and review any such revisions. Increases to pricing shall be effective thirty (30) days after posting; decreases in pricing shall become effective immediately after posting; and revisions to any other terms and conditions shall be effective seven (7) days after posting. By continuing to use the Service after revisions are in effect, you accept the revisions and agree to abide by them.

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10. TERMINATION.

You may terminate your account at any time and for any reason by providing notice of intent to terminate to Randolph by: