Terms & Conditions
BY USING ANY OF THESE SERVICES, YOU ARE ACCEPTING THE TERMS AND CONDITIONS SPELLED OUT IN THIS DOCUMENT. ACCEPTANCE OF THE TERMS AND CONDITIONS CONSTITUTES AN AGREEMENT BETWEEN YOU AND LINCOLN TELEPHONE COMPANY, INC.
This Lincoln Telephone Company, Inc., Service Agreement is an agreement between you (the customer), and Lincoln Telephone Company, Inc., for delivery of DSL services and fiber internet services. By activating service with Lincoln Telephone Company, you acknowledge that you have read and agree to the terms of this agreement. Services provided under this agreement are subject to Federal Communications Commission regulation and are provided under the tariff of the National Exchange Carrier Association. Those tariffs and regulations may change from time to time and supersede the terms listed herein.
Equipment: In order to access services, Lincoln Telephone will provide, for purchase by the customer the following devices:
803Gv2- ONT (optical network terminal) is the demarcation point at which LTC services (Voice and Data) end and connects with the customers premise equipment. The device is property of Lincoln Telephone Company. If damaged, there is a $100 replacement fee.
844E – Residential Gateway (more commonly known as a router) is a device that allows a local area network to connect to a wide area network. This is a customer owned device that provides WIFI, firewall, and switching.
Battery backup – Provides up to 8 – 24 hours of phone service in the event of a power outage. The device is optional and available for purchase at Lincoln Telephone.
Availability: Service speeds are subject to limitations inherent in Internet communications, including the transmissions speeds at any given time of day on the Internet and congestion at individual Internet sites. Service may be temporarily limited, interrupted or curtailed by factors that are not under Lincoln Telephone’s control. We are not liable for any service failures.
Use of Service: You agree not to resell the service (whether for profit or otherwise) or to use your service for any unlawful or abusive purpose or in such a way as to create damage or risk to our business, reputation, employees, facilities, third parties or to the public generally. In using Lincoln Telephone services, you will use the service for lawful purposes only and will not engage in any illegal activity. Illegal activities include activities that violate federal or state regulations and laws or the legal rights of others. Illegal activities include, but are not limited to:
The illegal transmission, illegal storage or illegal use of copyrighted material, trade secrets, confidential information or threatening material.
Postings or e-mails containing threats of violence.
Distributing or disseminating of illegal defamatory, infringing or obscene material or information.
Using LTC’s services to threaten, harass, stalk, abuse or otherwise violate the legal rights of others.
TERMS/RATES: This Agreement begins on the date service is activated to your current premise and continues until terminated in the manner provided herein. If you select a plan with a fixed term longer than one month, the term of this Agreement shall continue for the number of months applicable to the term selected. All DSL and fiber internet plans have a 6-month contract. You have been provided a waiver of some or all installation charges in exchange for your agreement to subscribe for a Fixed Term. If you change physical location of the service or otherwise attempt to terminate this agreement prior to the end of the 6-month contract, you will breach this agreement. In such event we will require you to pay a cancellation fee (which you agree may be deducted from your deposit) equal to $25.00. (c) If you suspend your DSL or fiber internet service, you may go on vacation rates whereby the cancellation fee will not apply, however, you will be assessed a $20.00 Internet reconnect fee once you resume your internet service. Lincoln Telephone allows you to upgrade/downgrade your internet speed twice a year at no additional charge. For each downgrade after that, there will be a $20.00 fee. We require that the service and speed be connected at least one month before we downgrade.
Deposits: We may require a deposit in which you grant LTC a security interest to secure your payment of all amounts when due. The amount of your deposit may be increased by LTC at any time upon reevaluation of your credit. You may either provide LTC such increased deposit or terminate this Agreement, in which case any cancellation fee will be waived. You must promptly pay your bills even if you have given LTC a deposit. Once your bill is in good standing for 6 consecutive months, the deposit will be credited back to your account. If this Agreement is terminated for any reason, any deposit from you will be applied to pay any of your charges then or thereafter due. Any remaining deposit or other credit balance on your account will be returned without interest (as allowed by law) to you at your last-known address within ninety (90) days after termination.
Billing & Payment of Charges: You will be charged for services on a monthly basis, with any charges for a partial month of feature usage to be determined on a prorated basis. Charges, including disputed amounts, must be paid by the date shown on the monthly invoice. You agree that (a) time is of the essence; (b) in the event of such failure, you shall pay LTC interest at the rate of one percent (1%) per month (or any portion thereof), or the maximum rate allowable by law, whichever is less, on any amount not paid when due. If we accept late or partial payments or payments marked “Paid in Full” or similar notations, it will not waive any of our rights hereunder nor will it constitute an accord and satisfaction. We may charge you a returned check fee as required by law for any check returned for insufficient funds. Questions about or objections to any charges reflected on an invoice must be in writing and must be received by LTC from you no later than the payment due date or any objection shall be waived. You are responsible for all charges incurred by the use of the login name assigned to you. If you lost your password you must contact LTC promptly at the address or phone numbers below, and a representative will assign you a new password. LTC will have no responsibility for any charges incurred on your account.
Furthermore, LTC can not be responsible for any charges, which you may incur through your long distance company, and/or, any expenses incurred for your equipment or software. Check any installation programs carefully to assure that the phone number to which you are connecting is a local number.
Modifying Your Account: You may upon verbal or written notice to LTC add or delete service features.
Default/Termination: We may discontinue service and/or terminate this agreement without prior notice to you if you do not pay any sum when due, breach any representations you made to LTC in this agreement, fail to perform any of your obligations set forth in this agreement or in any other agreement between you and LTC, use your service in any abusive manner or in any way that damages or interferes with LTC, or become the subject of any proceeding under the Bankruptcy Code or become insolvent. In any such case, you shall remain responsible for any payment of all charges due to LTC under this Agreement, which charges (including, without limitation, all unbilled installment amounts) will be immediately due and payable. In the event of your default, you will reimburse LTC for our attorney’s and expert witnesses’ fees, costs of investigation, collection and similar expenses incurred by LTC in the enforcement of any right or privilege hereunder. If this Agreement is terminated because of your default, we may keep any charges or sums prepaid by you upon termination. If we agree to renew Service to you after discontinuing Service, you agree to pay any reactivation charges. Our remedies hereunder are not exclusive but are in addition to all other remedies provided by law.
Taxes: Any applicable sales, use, excise, public utility or other taxes, fees or charges imposed on LTC as a result of providing the service or your equipment to you will be added to your charges when imposed or required by law. If you are exempt from payment on any such taxes, you may provide LTC with an original Tax Exempt Document. Tax exemption will only apply from the date we receive the Tax Exempt Document (you cannot receive credit for any taxes already paid by you).
Security: In using LTC’s services, you will abide by the following policies concerning security:
You will not attempt to interfere with or compromise any part of the Service’s operation, the equipment making up the Service and its system, other accounts or restricted areas of the Service and its system, or in any manner affect the availability of the Services or its systems for other LTC customers.
You are prohibited from trying to gain access to any account, customer data or system that you do not have authorized access to unless consent has been granted by the owner.
You may not attempt to compromise the security of any computing facility or assist others to compromise the security of a computing facility.
You may not modify or prevent the intended or proper operation of any computing facility.
You will protect your passwords. You will not disclose any information regarding passwords that protect services and facilities to others. You will not attempt to discover the password of another user, nor attempt access to services or facilities with the use of another’s password.
You may no disclose any part of any of LTC’s or any other party’s confidential information, including but not limited to any business records, files or business practices.
Your Privacy & Security: DSL offers an “always on” service which includes a virtual private circuit to your computer. Privacy and security cannot be guaranteed and we shall not be liable to you for any lack of privacy you experience while using your service.
E-mail: In providing services to you, LTC does not have the responsibility for the content or tone of any e-mail sent using LTC’s services. In using LTC’s services, you will abide by the following policies:
You are prohibited from sending unsolicited bulk e-mail, or from the receiving of responses from unsolicited bulk e-mail in a LTC e-mail address.
You are prohibited from sending e-mail that is terroristic in nature, threatening and/or harassing.
You will not intercept or redirect e-mail intended for others.
You will not maliciously send files with either corrupted data or viruses.
You will not use impersonation, or use a different name or address with the intent of misleading the receiver into believing that the sender is someone other than who they are.
You are responsible for ensuring that any resource limitations in the use of e-mail or mailboxes are followed.
Newsgroups: In providing access to newsgroup services, LTC does not have the responsibility for the content or tone of any newsgroup, or the retrieval of any postings from any newsgroup. In using newsgroup services from LTC’s Services, you will abide by the following policies:
You will not exceed general usage standards for the number of postings of the same or similar article to multiple newsgroups.
You will adhere to the newsgroup’s definition of what can be posted. Most newsgroups describe the posting of commercial advertisements as off-topic postings.
You will not use impersonation, or use a different name or address with the intent of misleading the receiver into believing that the sender is someone other than who they are.
Internet Relay Chat: In providing access to Chat services, which are multi-user, multi-channel chatting networks that allow Internet users to talk (via text) to each other in real time about subjects of mutual interests, LTC does not have the responsibility for the content or tone of any chat. In participating in any chat forum accessed from LTC services, you will not violate any accepted policies on the chat servers and will not make use of chat bots, or any automated data that is not human generated.
Content: You are solely responsible for creating, managing, editing, reviewing, deleting and otherwise controlling the content of messages or information in connection with services provided by LTC. LTC is acting only as a passive conduit. LTC gives you complete discretion over the content to be accessed or distributed in connection with the Service. LTC has no obligation, and undertakes no responsibility to determine whether any such content may give rise to liability to third parties. Notwithstanding anything to the contrary herein, if LTC believes in its sole discretion that any use by you of service may create liability for LTC, LTC may take any actions, including but not limited to termination of service, that LTC believes are prudent to minimize LTC’s potential liability.
Limitation of Liability: OUR NONPERFORMANCE HEREUNDER SHALL BE EXCUSED AND WE SHALL NOT BE LIABLE IF CAUSED BY ACT OR OMISSION OF AN UNDERLYING CARRIER, EQUIPMENT OR FACILITY FAILURE, EQUIPMENT OR FACILITY UPGRADE OR MODIFICATION, ACTS OF GOD, STRIKES, FIRE, WAR, RIOT GOVERNMENT ACTIONS, EQUIPMENT OR FACILITY SHORTAGE, EQUPMENT OR FACILITY RELOCATION OR CAUSES BEYOND OUR REASONABLE CONTROL. OUR LIABILITY, IF ANY, FOR ANY MISTAKE, OMISSION, INTERRUPTION, DELAY, ERROR, DEFECT OR OTHER FAILURE WITH RESPECT TO THE SERVICE SHALL IN NO EVENT EXCEED THE AMOUNT OF THE PRORATED MONTHLY CHARGES TO YOU FOR SAID SERVICE DURING THE AFFECTED PERIOD, PROVIDED THAT NO LIABILITY TO YOU, YOUR EMPLOYEES, AGENTS OR CUSTOMERS, OR ANY THIRD PARTY (COLLECTIVELY FOR PURPOSES OF THIS PARAGRAPH, “SUBSCRIBER”) FOR ANY COST, DELAY, OR INCIDENTAL OR CONSEQUENTIAL DAMAGES ARISING OUT OF OR IN CONNECTION WITH ANY FAILFURE OF SERVICE OR OUR FAILURE TO PERFORM UNDER THIS AGREEMENT. WE SHALL NOT BE LIABLE TO SUBSCRIBER FOR INJURIES TO PERSONS OR PROPERTY ARISING FROM SUBSCRIBER’S USE OF YOUR SERVICE OR THE INSTALLATION, REPAIR OR MAINTENANCE OF YOUR EQUIPMENT. YOU AGREE TO DEFEND, INDEMNIFY AND HOLD LTC, ANY UNDERLYING CARRIER, AND ANY OF OUR OFFICERS, DIRECTORS, EMPLOYEES, AGENTS AND AFFILIATES HARMLESS FROM AND AGAINST ANY AND ALL CLAIMS, ACTIONS, LIABILITIES, COSTS OR DAMAGES RELATING TO THIS AGREEMENT AND SUBSCRIBER’S USE OF THE SERVICE. YOU FURTHER AGREE TO PAY OUR REASONABLE ATTORNEY’S AND EXPERT WITNESSES’ FEES AND COSTS ARISING FROM ANY ACTIONS OR CLAIMS HEREUNDER AND THOSE INCURRED IN ESTABLISHING THE APPLICABILITY OF THIS PARAGRAPH.
Disclaimer of Warranties: LTC MAKES NO WARRANTY OF ANY KIND, WRITTEN OR ORAL, STATUTORY, EXPRESS OR IMPLIED, INCUDING ANY WARRANTY OF MERCHANTABILITY OR FITNESS FOR PARTICULAR PURPOSE. YOU UNDERSTAND AND AGREE THAT THE SERVICE IS NOT A GUARANTEE THAT VIRUSES, TROJAN HORSES, WORMS, TIME BOMBS, CANCELBOTS OR OTHER SIMILAR HARMFUL OR DELETERIOUS PROGRAMMING ROUNTINES WILL NOT BE IMPORTED TO THE CUSTOMER’S NETWORK. LTC DOES NOT GUARANTEE THAT YOUR NEWORK WILL NOT EXPERIENCE UNINTERRUPTED COMMUNICATIONS OR BREACHES IN SECURITY.
AS IS, WE ARE NOT THE MANUFACTURER OF YOUR DSL MODEM OR OTHER PROVIDED EQUIPMENT AND WE MAKE NO WARRANTIES REGARDING THE SERVICE OR YOUR EQUIPMENT, WHETHER EXPRESS OR IMPLIED, INCLUDING ANY WARRANTIES OF MERCHANTABILITY SUITABILITY OR FIRNESS FOR A PARTICULAR PURPOSE OF ANY TYPE OR CHARACTER. ALL SUCH WARRANTIES ARE EXPRESSLY EXCLUDED. STATEMENTS REGARDING OR DESCRIPTIONS OF THE SERVICE OR YOUR UNIT, IF ANY, BY LTC OR OUR AGENTS OR INSTALLERS ARE INFORMATIONAL ONLY AND ARE NOT MADE OR GIVEN AS A WARRANTY OF ANY KIND.
THE MANUFACTURER’S WARRANTY, IF ANY, IS BETWEEN YOU AND THE MANUFACTURER; IT DOES NOT APPLY TO LTC, AND WILL NOT BE HONORED OR EXECUTED BY LTC.
Assignment: We may assign in whole or in part our rights or duties under this agreement without prior notice to you and upon such assignment we shall be released from all liability hereunder. You may assign this agreement only with our prior written consent. Subject to this restriction, this agreement shall inure to the benefit of and be binding upon the heirs, successors, subcontractors, and assigns of the respective parties.
Notices: Written notices to you shall be considered given on the date deposited into the U.S. Mail addressed to you at your last known address as shown on the reverse side. Written notice to LTC shall be considered given when received at our address of record. Verbal notices shall be considered given on the date reflected in our billing system.
Return Policy: If your DSL Router/Modem was purchased from LTC and includes its receipt and original packaging and contents, undamaged and in good working condition, you may return your unit within 72 hours of purchase for a full refund of your purchase price. Your return may be subject to a restocking fee. However, this does not limit your obligation to pay all installation costs and any termination fees.
Severability: Should any part or portion of this agreement be found invalid, the balance of the provisions shall remain unaffected and in full force and effect, unless our obligations hereunder are materially impaired.
Governing Law: This Agreement, its validity, construction, and performance, shall be governed by applicable federal law, the regulations of the FCC and the laws of the State of Montana.
IMPORTANT – READ CAREFULLY!
BY ACCEPTING OR USING ANY LTC INTERNET SERVICE IN ANY WAY, YOU AGREE TO BE BOUND BY THESE TERMS AND CONDITIONS.
NO LIABILITY FOR DAMAGES
IN NO EVENT WILL LTC, OR ANY OF ITS AFFILIATED COMPANIES USING LTC FOR THE PROVISION OF INTERNET SERVICES, BE LIABLE TO YOU FOR ANY DAMAGES, INCLUDING LOST PROFITS OR LOST SAVINGS, ANY DAMAGE OR LOSS OF YOUR COMPUTER’S SOFTWARE, DATA FILES OR PERIPHERALS WHICH MAY RESULT FROM USE OF LTC SERVICES OR THE INSTALLATION OR REMOVAL OF THE LTC SOFTWARE OR OTHER INCIDENTAL OR CONSEQUENTIAL DAMAGES ARISING OUT OF THE USE OF THIS SOFTWARE OR SERVICE.
Commercial Power: Alternative power sources, such as generators, may cause interference with DSL and fiber internet service due to the introduction of noise and power fluctuations. No service credits will be issued by LTC for any service interruptions or degradation directly or indirectly caused by Subscriber’s use of non-commercial power sources.
Entire Agreement: These terms and conditions represent the final and entire agreement between you and LTC. No prior or subsequent handwritten, typed or oral change to this Agreement will be valid unless we accept it in writing. Our failure at any time to require strict performance by you of any of the provisions herein shall not waive or reduce our right to thereafter require strict compliance with any provisions of this Agreement. LTC reserves the right to change or modify these terms and conditions from time to time.
Lincoln Telephone Company
Phone: (406) 362-4216
Fax: (406) 362-4606