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Customer Initials: _______
<br />TERMS AND CONDITIONS
<br />The Customer named on the front page of this Service Order Form
<br />and Consolidated Communications and its Affiliated Entities
<br />(collectively, the “Company”) agree these terms and conditions of
<br />service constitute the agreement (the “Agreement”) for the
<br />provision of the Services selected by Customer and designated on
<br />the Service Order Form. You will have accepted this Agreement
<br />and be bound by its terms if you use the Service(s) or otherwise
<br />indicate your affirmative acceptance of such terms.
<br />
<br />Use of Service:
<br />Any and all services purchased by the Customer are hereinafter
<br />referred to collectively as the “Service”. Service may be used for
<br />any lawful purpose under applicable Federal, State or Local laws
<br />or regulations for which it is technically suited. Service may not be
<br />used for unlawful purposes. In addition, High Speed Internet
<br />service (“HSI”) is governed by the Acceptable Use Policy which
<br />may be found at http://www.consolidated.com. The Customer
<br />obtains no property right or interest in the use of any specific type
<br />of facility, service, equipment, number, process, or code. All right,
<br />title and interest to such items remain, at all times, solely with the
<br />Company or its underlying carrier or service provider, as
<br />appropriate. Recording of telephone conversations or any form of
<br />voice communications transmitted over Service provided by the
<br />Company under this Agreement is prohibited except as authorized
<br />by applicable Federal, State and Local laws or regulations.
<br />Payment for Services:
<br />Service is provided and billed on a monthly basis. Bills are due and
<br />payable upon receipt. A late fee equal to that charged by the local
<br />exchange carrier serving the Customer, 1.5% per month, or the
<br />maximum amount allowed by law, whichever is lower, may apply
<br />to any unpaid and past due balance. The late fee may be charged
<br />by the Company directly or by the Company's billing services
<br />provider. Payment must be received on or before the due date
<br />contained on the bill. The late fee begins to accrue no sooner than
<br />the day after the billing due date reflected on the customer's bill. In
<br />the event that the Company incurs fees or expenses, including
<br />attorney's fees, collecting, or attempting to collect, any charges
<br />owed to the Company, the Company, or its billing services
<br />provider may charge the Customer, and the Customer will pay, all
<br />such fees and expenses reasonably incurred. Collection fees on
<br />overdue charges apply in addition to all applicable late payment
<br />charges and shall begin to accrue when the Account is assigned to
<br />an outside collection agency.
<br />The Customer is responsible for payment of all charges for Service
<br />furnished to or used by the Customer, or the Customer's agents,
<br />servants, employees or customers. The Customer is also
<br />responsible for payment of charges for all other third person use of
<br />Service to which the Customer subscribes. All charges due from
<br />the Customer are payable to the Company or to the Company's
<br />authorized billing agent in immediately available U.S. dollars. Any
<br />objections to billed charges must be reported to the Company or its
<br />billing agent (if any) within six months after receipt of the bill or
<br />are otherwise deemed waived. Adjustments to the Customer's bill
<br />shall be made to the extent that circumstances exist which indicates
<br />that such changes are appropriate. The Company’s decision in this
<br />regard shall be final and binding upon the parties.
<br />Taxes and Fees:
<br />The Customer agrees to pay all charges associated with the local
<br />voice, HSI or long distance (“LD”) Service and rate plan selected.
<br />All applicable taxes (e.g., excise taxes, telecommunications taxes,
<br />sales taxes, and municipal utilities taxes), surcharges or non-
<br />recurring charges are listed as a separate line item on the
<br />Customer's bill and are not included in the quoted rates and
<br />charges set forth herein. Without in any way limiting the
<br />foregoing, examples of such charges are: (i) installation fees, (ii)
<br />Federal Universal Service Fund fees/taxes, (iii) early termination
<br />fees, (iv) activation fees, (v) subscriber line charges and (vi)
<br />equipment charges. To the extent that a State, county,
<br />municipality, other political subdivision or agency of government,
<br />or regulatory authority imposes upon and collects from the
<br />Company a gross receipts tax, occupation tax, license tax, permit
<br />fee, franchise fee, or regulatory fee, such taxes and fees shall,
<br />insofar as practicable and allowed by law, be billed pro rata to
<br />Customers receiving service from the Company within the
<br />territorial limits of such governmental entity.
<br />Interruption of Service:
<br />Credit allowances for interruptions of service which are not due: (i)
<br />to the Company's testing or adjusting, (ii) to the negligence or
<br />other wrongful act or omission of the Customer, or (iii) to the
<br />failure of services, channels, equipment and/or communications
<br />systems provided by the Customer or the Customer's agents,
<br />servants, employees, or Customers, are subject to the general
<br />liability provisions set forth herein. It shall be the obligation of the
<br />Customer to notify the Company immediately of any interruption
<br />in service for which a credit allowance is desired by the Customer.
<br />Before giving such notice, the Customer shall ascertain that the
<br />trouble is not within its, his or her control, or is not in wiring or
<br />equipment, if any, furnished by the Customer. LD interruptions
<br />caused by Customer provided, or Company provided automatic
<br />dialing equipment are not deemed an interruption of service as
<br />defined herein since the Customer has the option of using the long
<br />distance network via dial access code. An interruption is measured
<br />from the time the Customer notifies the Company of the
<br />interruption until the trouble is cleared. Each interruption is
<br />considered separately for the purposes of establishing credit
<br />allowance. Unless otherwise specified in this Agreement, the credit
<br />for a billing period shall not exceed the monthly recurring charge
<br />for any particular Service.
<br />Early Termination Fees and Auto Renewal:
<br />The Customer’s Service shall continue through the length of the
<br />Service plan or promotional offering (the “Initial Term”) and shall
<br />automatically renew after the expiration of the Initial Term for a
<br />period of one (1) year (collectively with the Initial Term, the
<br />“Term”) unless the Customer cancels Service within thirty (30)
<br />days prior to the expiration of the Term. Effective at any time after
<br />the end of the Initial Term and from time to time thereafter, the
<br />Company may modify the charges for the Service subject to thirty
<br />(30) days prior notice to the Customer. The Customer will have
<br />thirty (30) days from receipt of such notice to cancel the applicable
<br />Service without further liability. In the event Customer terminates
<br />the Service prior to the expiration of the term, then Customer shall
<br />be immediately liable to Company for an early termination fee
<br />consisting of (1) the total of any applicable termination fees
<br />provided by tariff for regulated services plus (2) the total of the
<br />fixed monthly charge for the non-regulated services multiplied by
<br />the number of months, and any fraction thereof, remaining in the
<br />applicable term. Customer shall in any event be liable for all
<br />charges accrued as of the termination date.
<br />HSI: Service Cancellation; Money Back Guarantee:
<br />The Customer may cancel HSI service, excluding any fiber based
<br />service, by calling Consolidated at 1-866-984-3001. HSI service is
<br />subject to a thirty (30) calendar day money-back guarantee, which
<br />begins upon billing. During this thirty (30) day period, the
<br />Customer may cancel the HSI Service and receive a full refund of
<br />all monthly charges paid as well as any one-time charges and
<br />equipment charges, if any, paid to the Company. If the Customer
<br />cancels HSI service within 30 calendar days, then the Customer
<br />agrees to return to the Company all hardware provided to the
<br />Customer in connection with the HSI service prior to receiving a
<br />refund on said equipment charges or additional equipment charges
<br />will apply. The Company will provide the Customer with a pre-
<br />paid mailing label and instructions for the return of this equipment.
<br />In the event the Customer cancels after the first thirty (30) calendar
<br />days of HSI Service but before completing the Initial Term, then
<br />the Customer shall (a) pay the Company all Service fees accrued as
<br />of the cancellation date and (b) pay the ETF. Activation,
<br />installation or set-up fees paid at the initiation of HSI Service are
<br />not refundable. The money-back guarantee is limited to one per
<br />Customer per Service type per Service address. It is agreed that if
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