Legal
- Acceptable Use Policy
- Backup Power Disclosure
- Best Effort SLA
- Copper Retirement Notice
- Copyright Infringement
- DSL Modem Agreement
- Enterprise SLA
- High Risk Call Blocking
- Lifeline Guidelines
- Network Abuse
- Privacy Policy
- Protection Plan Agreement
- Smithville Internet Transparency Policy
- Statement of Non-discrimination
- Tariffs
- Terms of Use
- Video Submission Policy
- Wholesale Broadband Terms and Conditions
- Wholesale Fiber Terms and Conditions
Terms of Use
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Conference Calling
Set forth below are the terms and conditions (“Terms of Use”) for use of Smithville Communications, Inc. (“Smithville”) Conference Calling service (“Service”). Please read this Terms of Use carefully before accessing or otherwise using the Service. By ordering, accessing, or otherwise using the Service, you (“Customer”) agree to be bound by these Terms of Use and agree to all items detailed below. Please maintain a copy for Customer’s records. These Terms of Use are posted on Smithville’s web site at smithville.pivotdev.com/terms-of-use/ and may be revised from time to time. Any changes to these Terms of Use will be communicated to Customer via electronic invoice message.
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 24 hours a day, 7 days a week at the rates set forth on our website. 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 Consumer’s 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 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 5% 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:
The total performance of this Terms of Use by Smithville and the Customer is subject to Acts of God, war disaster, labor disputes, cable cut, civil disorder, or other matters of an emergency nature that would make it illegal or impossible to provide Service.
Section 11 Indemnification:
Customer agrees to defend and indemnify Smithville, its directors, officers, employees and representatives from and against any and all liability, damages, and other expenses (including reasonable attorneys’ fees, collection cost, and court/arbitration costs) arising out of or relating to claims or actions, regardless of form, concerning any breach of this Terms of Use by the Customer, any acts or omissions by the Customer, its representatives, or users relating to performance under, or violation of, this Terms of Use.
Section 12 Jurisdiction:
Both parties agree that this Terms of Use will be governed by the laws of the state of Indiana, without regard to choice of law provisions. Jurisdiction and venue for any suit between the Customer and Smithville hereto arising out of or connected with this Terms of Use shall be in state court in Monroe County, Indiana.
Residential Services
Unlimited Long Distance
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.
Smithville Fiber Website Terms of Use
Acceptance of the Terms of Use
These terms of use are entered into by and between you and Smithville Communications and/or Smithville Telecom (DBA Smithville Fiber and henceforth referred to as “Company“, “we” or “us“). The following terms and conditions (these “Terms of Use“) govern your access to and use of smithville.pivotdev.com, including any content, functionality and services offered on or through smithville.pivotdev.com (the “Website“).
Please read the Terms of Use carefully before you start to use the Website. By using the Website, you accept and agree to be bound and abide by these Terms of Use and our Privacy Policy, found here, incorporated herein by reference. If you do not want to agree to these Terms of Use or the Privacy Policy, you must not access or use the Website.
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.
Changes to the Terms of Use
We may revise and update these Terms of Use from time to time in our sole discretion. All changes are effective immediately when we post them, and apply to all access to and use of the Website thereafter. However, any changes to the dispute resolution provisions set forth in Governing Law and Jurisdiction will not apply to any disputes for which the parties have actual notice prior to the date the change is posted on the Website.
Your continued use of the Website following the posting of revised Terms of Use means that you accept and agree to the changes. You are expected to check this page frequently so you are aware of any changes, as they are binding on you.
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.
You may use the Website only for lawful purposes and in accordance with these Terms of Use. You agree not to use the Website in any way that violates any applicable federal, state, local or international law or regulation. Additionally, you agree not to attempt to gain unauthorized access to, interfere with, damage or disrupt any parts of the Website, the server on which the Website is stored, or any server, computer or database connected to the Website.
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.
These Terms of Use permit you to use the Website for your personal, non-commercial use only. You must not reproduce, distribute, modify, create derivative works of, publicly display, publicly perform, republish, download, store or transmit any of the material on our Website.
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.
Indemnification
You agree to defend, indemnify and hold harmless the Company and its affiliates, licensors and service providers from and against any claims, liabilities, damages, judgments, awards, losses, costs, expenses or fees (including reasonable attorneys’ fees) arising out of or relating to your violation of these Terms of Use or your use of the Website, including, but not limited to, any use of the Website’s content or services other than as expressly authorized in these Terms of Use or your use of any information obtained from the Website.
Governing Law and Jurisdiction
All matters relating to the Website and these Terms of Use and any dispute or claim arising therefrom or related thereto (in each case, including non-contractual disputes or claims), shall be governed by and construed in accordance with the internal laws of the State of Indiana without giving effect to any choice or conflict of law provision or rule (whether of the State of Indiana or any other jurisdiction).
Any legal suit, action or proceeding arising out of, or related to, these Terms of Use or the Website shall be instituted exclusively in the federal courts of the United States or the courts of the State of Indiana. You waive any and all objections to the exercise of jurisdiction over you by such courts and to venue in such courts.
Waiver and Severability
No waiver of by the Company of any term or condition set forth in these Terms of Use shall be deemed a further or continuing waiver of such term or condition or a waiver of any other term or condition, and any failure of the Company to assert a right or provision under these Terms of Use shall not constitute a waiver of such right or provision.
If any provision of these Terms of Use is held by a court or other tribunal of competent jurisdiction to be invalid, illegal or unenforceable for any reason, such provision shall be eliminated or limited to the minimum extent such that the remaining provisions of the Terms of Use will continue in full force and effect.
Entire Agreement
The Terms of Use and our Privacy Policy constitute the sole and entire agreement between you and Company with respect to the Website and supersede all prior and contemporaneous understandings, agreements, representations and warranties, both written and oral, with respect to the Website.
