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Section 1 Service Description:
Smithville Conference Calling allows Customers to connect three or more parties together to send and receive information via an audio conference. The service is available for use by Customer twenty-four (24) hours a day, seven (7) days a week at the rates set forth on our website (http://www.smithville.net/conferencecalling). Recording services are available to Customer with use of the Service, additional rates apply. When Customer signs up for Service, Smithville will grant Customer an exclusive, non-transferable conference identification number and associated administrative access code for use of the Service. Smithville reserves the right to reclaim any such Customer allocated numbers at any time. Smithville may alter, expand, or reduce the features of the Service at any time. Customer acknowledges that not all services can be guaranteed from all locations or devices including, but not limited to mobile telephones, pay phones or satellite phones due to various in-country, carrier or other restrictions.
Section 2 Customer Restrictions:
Customer may not resell, distribute, make any commercial use of, use on a timeshare or service bureau basis, or otherwise generate income from the Service or use the Service for the development, production or marketing of a service or product substantially similar to the Service.
Section 3 Responsibility for Customer Account:
(a) At least one Customer representative will be designated for each Service Account.
(b) Customer is responsible for maintaining the confidentiality of Customer's accounts, service numbers, conference identification numbers, passwords and administrator access codes used in conjunction with the Service. Customer will also be held responsible for all uses of the Service in association with Customer's accounts whether or not authorized by Customer.
(c) Customer agrees to immediately notify Smithville of any unauthorized use of Customer's account of which the Customer becomes aware.
(d) Customer is solely responsible for updating and maintaining its service information.
(e) Smithville reserves the right to terminate Service if Customer fails to provide, update or maintain complete and current payment and service information.
Section 4 Recording Protection, Storage, and Privacy:
Smithville will act as data processor on behalf of Customer, converting and storing all recordings generated from use of this service. Smithville will use appropriate technical and organizational measures to protect the confidentiality of recording and ensure that they are only made available to the Customer. Smithville recognizes and agrees that it has no legal rights or title to any Customer-generated recordings. Smithville does not have the ability to recover Service recordings once Customer has deleted them.
Section 5 Payments and Charges:
(a) Smithville will invoice Customer free of charge via an electronic invoice.
(b) By using the Service, Customer agrees to pay for all Service usage at the rates provided by Smithville or its agents and resellers. Applicable fees will apply starting from the day Customers' Service is established.
(c) Pay per minute service is invoiced by multiplying all inbound or outbound legs of all conferences by the applicable per minute rate.
(d) Customer must notify Smithville of any disputed charges within thirty (30) days from the date of the invoice, otherwise Customer will be deemed to agree to such charges and Smithville will not be subject to making adjustments to charges or invoices.
(e) If any payment invoiced is not received by Smithville by the applicable due date included in the invoice, Customer shall be charged a late fee. Late fees of approximately 3% per month  will be applied to the unpaid balance and a second invoice will be generated ("Reminder Notice"). Late fees will continue to accrue until the balance is paid.
(f) The Reminder Notice will contain a "Delinquent After" date that is the final date you can pay the invoice and avoid a suspension in service.
(g) CUSTOMER ACKNOWLEDGES AND AGREES THAT STANDARD RATES ARE SUBJECT TO CHANGE AT ANY TIME WITHOUT SMITHVILLE PROVIDING SPECIFIC NOTICE TO CUSTOMER. CUSTOMER THEREFORE AGREES TO CHECK SMITHVILLE STANDARD RATES PRIOR TO USING ANY SERVICES SUBJECT TO STANDARD RATES. NEGOTIATED RATES ARE SUBJECT TO CHANGE AT ANY TIME ON THIRTY (30) DAYS PRIOR WRITTEN NOTICE TO CUSTOMER.
Section 6 Suspension of Service:
With respect to any invoice not paid by the "Delinquent After" date included in the Reminder Notice, for any reason, Smithville shall have the right to suspend all or any portion of the Services until such time as all charges and/or late fees have been paid. Following such payment, Smithville may reinstate Service only upon satisfactory assurance of Customer's ability to pay for Service. Such suspension shall not relieve Customer of any payment liability. If invoice payment is not received within 10 days following suspension, the account will be written out of service and the full amount due on the account may be turned over to an attorney for collection activity. Customer agrees to reimburse Smithville for any costs, expenses, or fees expended by Smithville in connection with any collection efforts against Customer, including reasonable internal and outside attorneys' fees.
Section 7 Taxes, Fees and Surcharges:
In addition to the rates for the Service, Customer shall pay all applicable fees, duties, tolls, administrative assessments, surcharges, or taxes now or hereafter attributable to the Services and included on Customer's invoice. Federal Universal Service Fund fee applies. The fee Smithville applies to Customer charges is the same as the FCC's universal service contribution factor for all calls. The contribution factor is subject to change and information outlining this fee can be found at www.fcc.gov/omd/contribution-factor.html.
Section 8 Termination of Agreement:
Either Customer or Smithville may terminate Service at any time for any reason upon written notice to the other party. If Customer terminates Service, or if Smithville terminates Customer's Service, Customer will pay for all Services rendered up to the date of termination.
Section 9 Limited Warranty:
THE CUSTOMER UNDERSTANDS THAT ALL SERVICES ARE PROVIDED "AS IS", "AS AVAILABLE" AND WITHOUT ANY WARRANTY. SMITHVILLE AND ITS SUPPLIERS EXPRESSLY DISCLAIM ALL WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED. SMITHVILLE MAKES NO WARRANTY OR REPRESENTATION REGARDING ANY INFORMATION, MATERIALS, GOODS OR SERVICES OBTAINED THROUGH SERVICE REPRESENTATIVES OR WEBSITES, OR THAT SERVICES WILL MEET ANY OF CUSTOMER'S REQUIREMENTS, OR BE UNINTERRUPTED, TIMELY, SECURE OR ERROR FREE. SMITHVILLE IS NOT LIABLE FOR ACTS OR OMISSIONS OF OTHER SERVICE PROVIDERS, FOR INFORMATION OR CONTENT OF COMMUNICATIONS, THIRD PARTY AUDIO CONFERENCING SERVICES, EQUIPMENT FAILURE OR MODIFICATION, OR CAUSES BEYOND SMITHVILLE'S REASONABLE CONTROL.
Section 10 Force Majeure:
Section 11 Indemnification:
Section 12 Jurisdiction:
1 Due to statutory requirements, monthly late fees are charged as follows: 10% of the first $3.00 past due, plus 3% of the remaining past due balance. For example, if Customer has a $100.00 balance which becomes past due, Customer will be charged a late fee of $3.21 (10% x $3.00 + 3% x $97.00). If the balance remains unpaid, subsequent late fees will be calculated based on an unpaid balance of the initial balance plus the late fee(s).
Available only with bundle packages.
Designed for residential voice calls terminating within the United States. This plan may not be used to place calls to on-line data services or internet access services.
Does not include charges incurred for calling card services, calls to international exchanges, third party billed calls, calls to 900 numbers, directory assistance, chat lines (used for dating services, etc.) or operator services.
Smithville reserves the right to discontinue or change service for customers with calling patterns atypical of normal residential usage.
Customer may be required to show compliance if usage exceeds 3,000 minutes a month or non-compliance indicated.
Free cellular phone remains the property of Smithville.
Standard rates apply for mobile to mobile minutes.
Roaming charges for all off network or overage minutes are $0.15 per minute.
Not available with any other discounts or bundled services.
I acknowledge that by use of a Smithville cellular telephone plan I agree to the following terms and conditions:
- My Plan is incorporated herein by reference. "My Plan" includes my monthly service allowances and features, and the recurring access and pay-per-use charges associated with those allowances and features. To the extent any condition in my Plan expressly conflicts with this agreement, the condition in my Plan will govern.
- I understand that I have a limited number of pre-paid minutes under My Plan ("Plan Minutes") which allow me to use my cell phone without additional charge each month.
- I understand that use beyond my Plan Minutes will be charged at $0.45 per minute.
- Cellular plan prices do not include government-mandated taxes and fees such as E911 and Dual Party Relay (hearing impaired) service, and I agree to be responsible for such charges and any and all taxes, fees, and surcharges.
- I understand that a one-time activation fee of $25.00 will be charged to my first month's bill.
- I understand that text messages beyond the allotted free text messages under My Plan will be charged at $.15 per text sent or received.
- Picture messages beyond the allotted free text messages under My Plan will be charged at $.25 per message sent or received in addition to a data transport fee of up to $.70 based on the message size.
- I am "roaming" whenever I make or receive a call using a transmission site outside of the Verizon national network, and such calls will incur an additional surcharge of $.59 per minute.
- Calls made to, or received from, areas outside the United States will carry an additional per minute surcharge which varies depending on which country the call is made to or received from.
- A $15.00 charge will apply for cellular phone number changes requested by the customer.
- Directory Assistant calls are billed at $1.50 per call (minute usage also applies). Smithville Telecom will not waive any Directory Assistance charges incurred by the customer.
- I understand that some calls may produce multiple airtime usage. Examples may include mobile-to-mobile calls (when not included in My Plan's monthly service allowances), Three-way calling and Call Waiting.
- Any Plan Minutes that I do not use in a month are forfeited and do not rollover to the next month.
- Airtime and other measured usage are billed in full-minute increments, and actual airtime and usage are rounded up to the next full increment at the end of each call for billing purposes. Calls placed on networks served by carriers other than Verizon will be applied against my anytime Plan minutes in the month in which the calls appear on my bill. Unanswered calls of 30 seconds or longer incur airtime.
- I agree that my wireless device won't be used for any purpose that is prohibited by law or the terms of this agreement.
- Unlimited voice services are provided solely for live dialog between two individuals. Unlimited voice services may not be used for conference calling, call forwarding, monitoring services, data transmissions, transmission of broadcasts, transmission of recorded material or other connections which do not consist of uninterrupted live dialog between two individuals. I understand that if I am found to be using unlimited voice service for uses other than that which it is intended, Smithville Telecom may, at their discretion, terminate my service or change my plan to one with no unlimited usage components. Smithville Telecom will notify me of their intentions to take any of the above actions and at that time I may terminate my agreement if I so choose.
- Smithville Telecom reserves the right to limit or suspend any heavy, continuous data usage that adversely impacts network performance or hinders access to the network. Prohibited uses include but are not limited to: (i) server devices or host computer applications such as web camera posts or broadcasts, automatic data feeds, automated machine to machine connections or peer-to-peer (P2P) file-sharing; (ii) as a substitute or backup for private lines or dedicated data connections; (iii) "auto-responders," "cancel-bots," or similar automated or manual routines which generate excessive amounts of net traffic, or which disrupt net user groups or email use by others; (iv) "spam" or unsolicited commercial or bulk email (or activities that have the effect of facilitating unsolicited commercial email or unsolicited bulk email); (v) any activity that adversely affects the ability of other people or systems to use either our service or other parties' Internet-based resources, including "Denial of Service" (DoS) attacks against another network host or individual user; (vi) accessing, or attempting to access without authority, the accounts of others, or to penetrate, or attempt to penetrate, security measures of our or another entity's network or systems; or (vii) software of other devices that maintain continuous active Internet connections when a computer's connection would otherwise be idle or any "keep alive" functions.
- For plans with separate Peak and Off-Peak pre-paid minutes, Peak minutes are 6:00 am to 6:59 pm, Monday through Friday. Off-Peak minutes are 7:00 pm to 5:59 am, Monday through Thursday and 6:00 pm Friday to 5:59 am Monday.
- I understand that the coverage area for Smithville Cellular service is comparable to other national cell phone carriers and that the service availability or quality is not guaranteed. Service may be temporarily refused, interrupted, or limited at any time. Even within a coverage area, there are many factors, including network capacity, terrain, proximity to buildings, foliage and weather, that may impact availability and quality of service.
- I understand that my handset may produce radio interference with other electronic devices.
- I understand that the cell phone kit(s) consisting of a Cell Phone, Battery, and A/C Charger ( the "Kit"), that it is a "loaner" and that it is and remains the property of Smithville Telecom. If I cancel my cellular service I must return the Kit to Smithville Telecom or be charged up to $90.00 for the cost of the Kit plus any and all costs associated with the recovery of the Kit, including legal fees and expenses. Charges for a non-returned Kit, or missing Kit items, will apply at the time of cancelation. A credit will be issued when the Kit (or Kit items) is (are) returned in working condition.
- Any Kit that I purchase and is not on loan to me from Smithville Telecom may be returned or exchanged for any reason for up to thirty (30) days after the date of purchase. For this policy to apply the entire Kit must be returned and all pieces must be in the same condition as when they were originally purchased.
- Should any part of the Kit become inoperable under normal operating conditions, Smithville Telecom will replace, at its sole expense, the inoperable item by mail or I may pick it up at the Smithville Retail Center. I understand that I am responsible for lost or broken Kit items that become lost or inoperable due to my misuse, negligence or accident.
- For up to one (1) year, Smithville Telecom will repair my purchased phone for free if the phone has a factory malfunction. Smithville Telecom will provide me with a loaner phone while my phone is being repaired. Phones that are damaged by me are not covered by this policy. This policy only covers purchased phones that malfunction in the course of normal use.
- Smithville Telecom will incur no liability for the acts or omissions of any cellular carrier including the carrier terminating a reseller agreement, or curtailing, denying, suspending, or terminating service, or making service subject to additional, new, or different terms and conditions.
- My qualification for certain Smithville Telecom Plans will depend on my payment history. Upon review of my payment history, Smithville Telecom, in its sole discretion, will determine my eligibility for certain plans. If my payment history is approved, my account will be allowed up to the maximum number of phones and be subject to the standard service terms as set forth herein. If my payment history is not approved, my account will be limited to two phones and I may subscribe to any Telispire Plan; however Smithville Telecom may immediately suspend my service if I fail to pay any and all amounts due for my account on the applicable due date; provided, however, that if my bill is paid on-time for six months, my account may be eligible for additional phones and to be subject to the standard service terms as set forth herein.
- Smithville Telecom retains the right to cancel or discontinue my cellular service at any time upon advance notice to subscribers. Smithville Telecom may, without notice, suspend my service if the current amount of my bill is $75.00 or greater and I fail to pay such bill on the date that it is due. If my cellular service is suspended for more than five (5) business days, I understand that my cellular telephone number may be reassigned and may no longer be available for my use.
- I am responsible for all charges billed to my cellular service number(s). Payment is due in full as stated on my bill. IF SMITHVILLE TELECOM DOES NOT RECEIVE PAYMENT IN FULL WHEN DUE, SMITHVILLE TELECOM MAY, TO THE EXTENT PERMITTED BY INDIANA STATE LAW, CHARGE ME A LATE FEE OF UP TO 1.5 PERCENT A MONTH (18 PERCENT ANNUALLY), OR A FLAT $5 A MONTH, WHICHEVER IS GREATER, ON UNPAID BALANCES.
- If my phone is lost or stolen I am responsible for all charges up to the time that I report the event to Smithville Telecom. I can call Smithville Telecom 24 hours a day at (812) 876-2211 or (800) 742-4084.
- In the course of providing services to me, Smithville Telecom may collect certain information that is made available to them solely by virtue of the relationship with me, such as information about the quantity, technical configuration, type, destination and amount of my use of the telecommunications services I purchase. This information and related billing information is known as Customer Proprietary Network Information, or CPNI. (CPNI does not include my name, address or wireless phone number.) Except as provided in this agreement, Smithville Telecom won't intentionally share my CPNI or other personal information without my permission. SUBJECT TO THE FOREGOING, SMITHVILLE TELECOM MAY USE AND SHARE INFORMATION ABOUT ME AND HOW I USE ANY OF THE SERVICES: (A) SO SMITHVILLE TELECOM CAN PROVIDE GOODS OR SERVICES TO ME; (B) SO OTHERS CAN PROVIDE GOODS OR SERVICES TO SMITHVILLE TELECOM OR TO ME ON BEHALF OF SMITHVILLE TELECOM; (C) SO SMITHVILLE TELECOM OR ITS AFFILIATES IN THE SMITHVILLE TELECOM GROUP OF COMPANIES CAN COMMUNICATE WITH ME ABOUT GOODS OR SERVICES THAT ANY OF THEM OFFER; (D) TO PROTECT SMITHVILLE TELECOM; OR (E) AS REQUIRED BY LAW, LEGAL PROCESS OR EXIGENT CIRCUMSTANCES.
- I understand that I must be at least eighteen (18) years old to subscribe to services from Smithville Telecom. I may be required to show proof of my age and identity.
- I may, at any time, choose to cancel My Plan and this Agreement. At that time, I will be charged a prorated amount based on the services I have actually used and the amount of time left in my monthly billing cycle. I understand that I will incur overage fees if I have used more than the prorated amount of My Free Plan minutes for the month in which I am cancelling. For example: If I am exactly halfway through my monthly billing cycle, I will be charged overage fees for any minutes used beyond half of my Free Plan Minutes. There is, however, no penalty for canceling my Plan and I may do so at any time.
- If Smithville Telecom does not enforce any right or remedy available under these terms and conditions, that failure is not a waiver by Smithville Telecom of the right or remedy for the applicable breach or failure or for any other breach or failure. Waiver of any requirement in one instance is not a general waiver of that requirement and does not amend this agreement. If any part of these terms and conditions are held invalid or unenforceable, the rest of these terms will hold as though the breaching part was not part of these terms and conditions.
SMITHVILLE TELECOM IS NOT THE MANUFACTURER OF MY WIRELESS DEVICE. SMITHVILLE TELECOM MAKES NO REPRESENTATIONS OR WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, TO THE EXTENT PERMITTED BY APPLICABLE LAW, ANY IMPLIED WARRANTY OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE CONCERNING MY SERVICE OR WIRELESS DEVICE, OR ANY APPLICATIONS I ACCESS THROUGH MY DEVICE.
- THE FOREGOING DOES NOT DEPRIVE ME OF ANY WARRANTY RIGHTS I MAY HAVE AGAINST ANYONE ELSE. SMITHVILLE TELECOM CAN NOT PROMISE UNINTERUPTED OR ERROR-FREE SERVICE AND DOES NOT AUTHORIZE ANYONE TO MAKE ANY WARRANTIES ON SMITHVILLE TELECOM'S BEHALF.
- I understand that Smithville Telecom may change this Agreement at any time. Any changes to the Agreement are effective when they are published on Smithville.net. I will receive thirty (30) days prior notice, either in my monthly bill or separately, of any material change to this Agreement. If I use cellular services from Smithville Telecom on or after the effective date of the changes or make any payment on or after the effective date of the changes, I understand this is seen as my acceptance of the changes.
- I understand and agree that taxes, Universal Service fees and other charges imposed by the government or based on government calculations may increase or decrease on a monthly basis and that the thirty day notice provision described herein does not apply to those increases.
This Website is offered and available to users who are 13 years of age or older. By using this Website, you represent and warrant that you meet the foregoing eligibility requirements. If you do not meet all of these requirements, you must not access or use the Website.
Accessing the Website
We reserve the right to withdraw or amend this Website, and any service or material we provide on the Website, in our sole discretion without notice. We will not be liable if for any reason all or any part of the Website is unavailable at any time or for any period. From time to time, we may restrict access to some parts of the Website, or the entire Website, to users.
Intellectual Property Rights
The Website and its entire contents, features and functionality (including but not limited to all information, software, text, displays, images, video and audio, and the design, selection and arrangement thereof), are owned by the Company, its licensors or other providers of such material and are protected by United States and international copyright, trademark, patent, trade secret and other intellectual property or proprietary rights laws.
Linking to the Website
You may link to our homepage, provided you do so in a way that is fair and legal and does not damage our reputation or take advantage of it, but you must not establish a link in such a way as to suggest any form of association, approval or endorsement on our part.
Links from the Website
If the Website contains links to other sites and resources provided by third parties, these links are provided for your convenience only. We have no control over the contents of those sites or resources, and accept no responsibility for them or for any loss or damage that may arise from your use of them. If you decide to access any of the third party websites linked to this Website, you do so entirely at your own risk and subject to the terms and conditions of use for such websites.
Disclaimer of Warranties
YOUR USE OF THE WEBSITE, ITS CONTENT AND ANY SERVICES OBTAINED THROUGH THE WEBSITE IS AT YOUR OWN RISK. THE WEBSITE, ITS CONTENT AND ANY SERVICES OR ITEMS OBTAINED THROUGH THE WEBSITE ARE PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS, WITHOUT ANY WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED. NEITHER THE COMPANY NOR ANY PERSON ASSOCIATED WITH THE COMPANY MAKES ANY WARRANTY OR REPRESENTATION WITH RESPECT TO THE COMPLETENESS, SECURITY, RELIABILITY, QUALITY, ACCURACY OR AVAILABILITY OF THE WEBSITE. WITHOUT LIMITING THE FOREGOING, NEITHER THE COMPANY NOR ANYONE ASSOCIATED WITH THE COMPANY REPRESENTS OR WARRANTS THAT THE WEBSITE, ITS CONTENT OR ANY SERVICES OBTAINED THROUGH THE WEBSITE WILL BE ACCURATE, RELIABLE, ERROR-FREE OR UNINTERRUPTED, THAT DEFECTS WILL BE CORRECTED, THAT OUR SITE OR THE SERVER THAT MAKES IT AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS OR THAT THE WEBSITE OR ANY SERVICES OR ITEMS OBTAINED THROUGH THE WEBSITE WILL OTHERWISE MEET YOUR NEEDS OR EXPECTATIONS.
THE COMPANY HEREBY DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, STATUTORY OR OTHERWISE, INCLUDING BUT NOT LIMITED TO ANY WARRANTIES OF MERCHANTABILITY, NON-INFRINGEMENT AND FITNESS FOR PARTICULAR PURPOSE.
Limitation on Liability
IN NO EVENT WILL THE COMPANY, ITS AFFILIATES OR THEIR LICENSORS, SERVICE PROVIDERS, EMPLOYEES, AGENTS, OFFICERS, DIRECTORS, OR TRUSTEES BE LIABLE FOR DAMAGES OF ANY KIND, UNDER ANY LEGAL THEORY, ARISING OUT OF OR IN CONNECTION WITH YOUR USE, OR INABILITY TO USE, THE WEBSITE, ANY WEBSITES LINKED TO IT, ANY CONTENT ON THE WEBSITE OR SUCH OTHER WEBSITES OR ANY SERVICES OR ITEMS OBTAINED THROUGH THE WEBSITE OR SUCH OTHER WEBSITES, INCLUDING ANY DIRECT, INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL OR PUNITIVE DAMAGES, INCLUDING BUT NOT LIMITED TO, PERSONAL INJURY, PAIN AND SUFFERING, EMOTIONAL DISTRESS, LOSS OF REVENUE, LOSS OF PROFITS, LOSS OF BUSINESS OR ANTICIPATED SAVINGS, LOSS OF USE, LOSS OF GOODWILL, LOSS OF DATA, AND WHETHER CAUSED BY TORT (INCLUDING NEGLIGENCE), BREACH OF CONTRACT OR OTHERWISE, EVEN IF FORESEEABLE.
Governing Law and Jurisdiction
Waiver and Severability