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RANDOLPH TELEPHONE CONTENT FILTERING
TERMS AND CONDITIONS
1. SERVICE AGREEMENT
1.1 This Randolph Telephone Content Filtering Terms and Conditions
Agreement ("Agreement") is entered into by the subscriber
("you") and Randolph Telephone. By subscribing to,
and using, the Content Filtering service (“Service”)
you agree to be bound by the terms and conditions herein.
You agree to allow Randolph Telephone to process Internet
content bound for you, and requests for Internet content from
you (http, news, etc.) for attempts to deliver materials that
have been selected (through your category selection(s)) as
unwanted.
2. SCOPE OF SERVICE
2.1 The processing of Internet content and requests for content
necessary to provide this Service is accomplished solely by
computer-automated systems. Portions of the Service may be
provided to Randolph Telephone by third-party vendor(s), over
which Randolph Telephone exercises no control. Randolph Telephone
warrants that the Service is provided entirely by automated
computer processing and that NO employee, affiliate, or agent
of Randolph Telephone is reading or observing yours, or other
subscriber’s, Internet content or Internet content requests.
The processing required in providing the Service is limited
to the determination as to whether Internet content is of
a category that you have selected as undesirable. The Service
does not archive, store, or otherwise collect any Internet
content or portions thereof, except as outlined in herein.
2.2 Randolph Telephone reserves the right to change the method
of electronic processing and filtering used to provide this
Service without prior notice to you. Randolph Telephone further
reserves the right to disable the Service temporarily, without
notice, to prevent detrimental service degradation to you
and other Randolph Telephone subscribers.
2.3 By agreeing to use the Service you acknowledge that the
Service is provided on a “Best Effort” basis and
agree that no content filtering service or technology is 100%
effective, including Randolph Telephone’s Content Filtering
Service. You understand that you may continue to receive undesirable
Internet content, despite the Content Filtering Service being
enabled. Internet content that has been determined to be in
a category you have specified as undesirable will be deleted
and replaced with a message stating that the Internet content
has been blocked. Randolph Telephone acknowledges that from
time to time, legitimate Internet content that is not undesirable
may be flagged by the Service as such and deleted/blocked
as described above. In these cases, please contact Randolph
Telephone with the specifics of the Internet content and Randolph
Telephone will work to resolve the issue. Randolph Telephone
is not responsible for Internet communications that are lost
or deleted as a result of being flagged as undesirable by
the Service.
3. PRIVACY
3.1 Randolph Telephone respects the privacy
of every user of its services. Randolph
Telephone’s Privacy Policy also applies to this
Content Filtering Service. You can review Randolph Telephone’s
Privacy Policy on-line at: www.rtmc.net
or www.rtelco.net.
Randolph Telephone reserves the right to change or modify
this policy from time to time without notice to you. You agree
to visit this Web site periodically to be aware of and review
any such revisions. Revisions to these terms and conditions
shall become effective seven (7) days after posting. By continuing
to use this Service after such revisions are in effect, you
accept the revisions and agree to abide by them.
4. BILLING, PAYMENT, TERM and TERMINATION
4.1 Randolph Telephone fees for the Content Filtering Service
are supplied to you during the ordering process and/or registration
process, and as may be updated on the Web site.
4.2 By using the Content Filtering Service you agree to pay
the charges presented to you during the ordering or registration
process. Charges for the Content Filtering Service will be
provided via the same methodology used to supply your service
charges for the Randolph Telephone Internet Access Service.
4.3 You may cancel this Service at any time
by contacting Randolph Telephone by phone (879-5684; 622-7900;
581-7995; or 464-6110 - please choose the number that is a
local call from your area) or via e-mail at customerserv@rtmc.net
or csrep@rtelco.net.
5. LIMITATION OF LIABILITY AND REMEDIES
5.1 THE SERVICE PROVIDED BY THE CONTENT FILTERING SERVICE
AND ITS LICENSORS IS PROVIDED ON A “BEST EFFORT”,
"AS IS," "WITH ALL FAULTS," AND TO THE
MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, THE SERVICE AND
ITS LICENSORS DISCLAIM ANY AND ALL WARRANTIES, EXPRESS OR
IMPLIED, WITH RESPECT TO THE SERVICES PROVIDED HEREUNDER,
INCLUDING WITHOUT LIMITATION ALL WARRANTIES OF MERCHANTABILITY,
FITNESS FOR A PARTICULAR PURPOSE (EVEN IF ADVISED OF SUCH
PURPOSE) AND AGAINST ERROR-FREE OR UNINTERRUPTED SERVICE.
5.2 EXCEPT AS OTHERWISE SPECIFICALLY SET FORTH IN THIS AGREEMENT,
RANDOLPH TELEPHONE, ITS THIRD PARTY LICENSORS AND THIRD PARTY
PROVIDERS, DISCLAIM ANY AND ALL WARRANTIES FOR THE SERVICE,
WHETHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO THE
IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR
PURPOSE, ACCURACY, NON-INFRINGEMENT, NON-INTERFERENCE, TITLE,
COMPATIBILITY OF COMPUTER SYSTEMS, INTEGRATION, THOSE ARISING
FROM THE COURSE OF DEALING, COURSE OF TRADE, OR THOSE ARISING
UNDER STATUTE.
5.3 IN NO EVENT SHALL RANDOLPH TELEPHONE, ITS THIRD PARTY
LICENSORS OR THIRD PARTY PROVIDERS BE LIABLE FOR: (A) ANY
DIRECT, INDIRECT, SPECIAL, CONSEQUENTIAL OR INCIDENTAL DAMAGES,
INCLUDING WITHOUT LIMITATION, LOST PROFITS OR LOSS OF REVENUE
OR DAMAGE TO DATA ARISING OUT OF THE USE, PARTIAL USE, OR
INABILITY TO USE THE CONTENT FILTERING SERVICE.
5.4 RANDOLPH TELEPHONE ITS THIRD PARTY LICENSORS AND THIRD
PARTY PROVIDERS DISCLAIM ANY LIABILITY OR RESPONSIBILITY ARISING
FROM ON ANY CLAIM THAT YOUR ACCESS OR USE OF THE SERVICE PROVIDED
UNDER THIS AGREEMENT INFRINGES ANY THIRD PARTY'S INTELLECTUAL
PROPERTY RIGHTS.
6. REVISIONS
6.1 You agree that Randolph Telephone may revise the terms
and conditions of this Agreement (including any of the policies
which 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 Web sites 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.
7. GENERAL PROVISIONS
7.1 The remedies expressly set forth in this Agreement are
your sole and exclusive remedies.
Version 1.0
Updated: 2/24/2003
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