LTC Terms of Service

LENNON TELEPHONE COMPANY SERVICE
TERMS AND CONDITIONS OF SERVICE

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When you, the Customer, purchase a Lennon Telephone  Company Service Bundle or LTC

Service Bundles (individually referred to as “Service Bundle,” or collectively as

“Service Bundles”), you agree to these Terms and Conditions of Service located at

LTC’s website: www.lentel.com. and incorporated herein by

reference. Other restrictions, terms and conditions for the individual services may also

apply.

The Service Bundles are available to residential and small/home business customers in

selected areas. For purposes of these Terms and Conditions of Service, small/home

business is defined as single line. If you purchase a Service Bundle, you must select

LTC as your provider of each of the individual services offered in the bundle.

Service Bundles include domestic, direct-dialed calls only. If any individual service in

the Service Bundle is dropped, savings no longer apply. Customers with a credit limit,

non-basic block or toll block on their existing services are not eligible to purchase a

LTC Service Bundle. All other LTC accounts must be current at

enrollment for a Service Bundle and the Customer must maintain a good payment history

to keep the Service Bundle. You will incur penalty charges in the event of disconnection

for non-payment. Service Bundles require the Customer to have the same billing name

and address for all of the services offered within each Service Bundle.

* Terms and Conditions of Service are also available in paper form upon written

request to: Lennon Telephone Company – Customer Service

Service Contracts/Entire Agreement

Your signed and executed Service Contract for the Service Bundles, these Terms and

Conditions of Service, any additional Terms, Policies, or Tariffs for the individual

services and the rates for services as provided to you upon request, constitute the entire

agreement between you as the Customer, and Lennon Telephone Company and its

affiliates, including Total Communications,  Long Distance, and

TVC, Inc (collectively referred to herein as “LTC”) (“Agreement”) for the

purchase of the Service Bundles from Lennon Telephone Company.

This Agreement is binding upon you, the Customer, and governs your use of

LTC’s services, superseding any prior agreements between you and

LTC and any and all prior or contemporaneous statements, understandings,

writings, commitments, or representations concerning its subject matter. No amendment

to this Agreement shall be binding upon LTC unless and until posted.

Other Terms and Policies Incorporated Herein By Reference

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These Terms and Conditions of Service include, and incorporate herein by reference, all

additional Terms, Policies and Tariffs for each of the individual services offered by

LTC.

Fees and Charges

You agree to pay all charges and fees associated with the use of the services offered by

LTC, which charges may include, without limitation, monthly service fees,

charges for the use of LTC’s equipment, installation charges, charges for

service calls and other charges. LTC shall have the right to change the amount

of fees and charges from time to time at its discretion and upon reasonable advance

notice. Monthly service, equipment and other fees shall be payable monthly in advance.

Installation and other charges will be billed according to our then current billing policies.

Your LTC invoice may also contain charges for other services provided by us

or our subsidiaries or affiliates. If we receive partial payment of any such invoices, we

will apply such payment in the amounts and proportions to the outstanding charges as we

determine. Our acceptance of any partial payment by you does not mean that we waive

our rights to collect the full balance owed to us.

Taxes

You are responsible for, and shall pay, any applicable federal, state, provincial,

municipal, local or other governmental sales, use, excise, value-added, personal property,

public utility or other taxes, fees or charges now in force or enacted in the future, that

arise from or as a result of your subscription or use or payment for the service. Such

amounts are in addition to payment for the service. If you are exempt from payment of

such taxes, you shall provide LTC with an original certificate that satisfies the

applicable legal requirement attesting to tax-exempt status. Tax exemption will only

apply from and after the date LTC receives such certificate.

Termination/Discontinuance of Service

LTC reserves the right to suspend or discontinue providing its services

generally, or to terminate your service, at any time in its sole discretion. If

LTC discontinues providing its services generally, or terminates your service in

its discretion without a stated reason, you will only be responsible for charges accrued

through the date of termination, including a pro-rated portion of the final month’s

charges. If your service is terminated for any stated reason, including without limitation

violation of your Agreement, including these Terms and Conditions, or because of any

improper use of the service (such as, but not limited to, your attempts to disrupt or misuse

the service or your acts or omissions that violate any acceptable use policy of

LTC or of a third party provider to which LTC is subject), you will

be responsible for the full month’s charges to the end of the current term, including

without limitation unbilled charges, disconnect fees, and equipment charges as set forth

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herein these Terms and Conditions, all of which immediately become due and payable.

Other fees may also apply.

Disconnect Fees

In addition, labor charges and/or service order charges may be incurred if any onpremises

or central office work is performed to restore any of the services offered by

LTC where such services are disconnected for non-payment, as defined below:

  1. The customer will incur labor and/or service charges if LTC performs onpremise

or central office work to restore any of the services offered by LTC

due to customer moving or changing their location. LTC customer relocation

fee is $40.00.

  1. The customer will incur labor and/or service charges if LTC performs onpremise

or central office work to restore any of the Service Bundles due to disconnection

as a result of non-payment. The reconnection fee for each of the Service Bundles is

$50.00.

  1. The customer will incur labor and/or services charges if a LTC technician is

required to come out on a trouble call and the customer does not have the inside wire

maintenance plan and if the trouble is not found in LTC equipment. A service

charge of $40.00 will apply for this visit.

If you terminate a Service Bundle prior to the end of a calendar month, you will be

responsible for the full month’s charges, as well as any other applicable fees, including

without limitation unbilled charges, disconnect fees, equipment charges and Early

Termination Fees, all of which immediately become due and payable. Expiration of the

term or termination of the service does not excuse the Customer from paying all unpaid,

accrued charges due in relation to the Agreement. Failure to pay the full bundle price in

any calendar month is grounds for automatic termination of the bundle, and applicable

Early Termination Fees, equipment charges, and other fees and penalties may apply.

Lennon Telephone Company

Prohibited Uses

You agree to use the services only for lawful purposes. This means that you agree not to

use them for transmitting or receiving any communication or material of any kind when

in LTC‘s sole judgment the transmission, receipt or possession of such

communication or material (i) would constitute a criminal offense, give rise to a civil

liability, or otherwise violate any applicable local, state, national or international law or

(ii) encourages conduct that would constitute a criminal offense, give rise to a civil

liability, or otherwise violate any applicable local, state, national or international law.

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LTC reserves the right to terminate your service immediately and without

advance notice if LTC, in its sole discretion, believes that you have violated the

above restrictions, leaving you responsible for the full month’s charges to the end of the

current term, including without limitation unbilled charges, plus a disconnect fee, all of

which immediately become due and payable and may at LTC’s discretion be

immediately charged to your credit card. You are liable for any and all use of the service

by yourself and by any person making use of the service provided to you, and agree to

indemnify and hold harmless LTC against any and all liability for any such use.

If LTC, in its sole discretion believes that you have violated the above

restrictions, LTC may forward the objectionable material, as well as your

communications with LTC and your personally identifiable information to the

appropriate authorities for investigation and prosecution and you hereby consent to such

forwarding.

Limitation of Liability

Lennon Telephone Company shall not be liable for any delay or failure to provide the service, at any

time or from time to time, or any interruption or degradation of voice quality that is

caused by any of the following:

1.) act or omission of an underlying carrier, service provider, vendor or other third party;

2.) equipment, network or facility failure;

3.) equipment, network or facility upgrade or modification;

4.) force majeure events such as (but not limited to) acts of god; strikes; fire; war; riot;

government actions;

5.) equipment, network or facility shortage;

6.) equipment or facility relocation;

7.) service, equipment, network or facility failure caused by the loss of power to

Customer;

8) outage of Customer’s ISP or broadband service provider;

9) act or omission of Customer or any person using the LTC’s service(s)

provided to Customer; or

10) any other cause that is beyond LTC‘s control, including without limitation a

failure of or defect in any device, the failure of an incoming or outgoing communication,

the inability of communications to be connected or completed, or degradation of voice

quality.

LTC‘s aggregate liability for (i) any failure or mistake; (ii) any claim with

respect to LTC’s performance or nonperformance hereunder or (iii) any

LTC act or omission in connection with the subject matter hereof shall in no

event exceed service charges with respect to the affected time period.

Disclaimer of Damages

IN NO EVENT SHALL LENNON TELEPHONE COMPANY, ITS OFFICERS, DIRECTORS, EMPLOYEES,

AFFILIATES OR AGENTS OR ANY OTHER SERVICE PROVIDER WHO

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FURNISHES SERVICES TO CUSTOMER IN CONNECTION WITH THIS

AGREEMENT OR THE SERVICE BE LIABLE FOR ANY DIRECT, INCIDENTAL,

INDIRECT, SPECIAL, PUNITIVE, EXEMPLARY OR CONSEQUENTIAL

DAMAGES, OR FOR ANY OTHER DAMAGES, INCLUDING BUT NOT LIMITED

TO LOSS OF DATA, LOSS OF REVENUE OR PROFITS. THE LIMITATIONS SET

FORTH HEREIN APPLY TO CLAIMS FOUNDED IN BREACH OF CONTRACT,

BREACH OF WARRANTY, PRODUCT LIABILITY, TORT AND ANY AND ALL

OTHER THEORIES OF LIABILITY AND APPLY WHETHER OR NOT

LENNON TELEPHONE COMPANY WAS INFORMED OF THE LIKELIHOOD OF ANY PARTICULAR

TYPE OF DAMAGES.

Indemnification

Customer agrees to defend, indemnify, and hold harmless Lennon Telephone Company, its officers,

directors, employees, affiliates and agents and any other service provider who furnishes

services to Customer in connection with this Agreement or the Service, from any and all

claims, losses, damages, fines, penalties, costs and expenses (including, without

limitation, reasonable attorneys fees) by, or on behalf of, Customer or any third party or

user of Customer’s Service, relating to this Agreement, or the services being provided by

LTC. This paragraph shall survive termination of this Agreement.

No Warranties on Service

LENNON TELEPHONE COMPANY MAKES NO WARRANTIES, EXPRESS OR IMPLIED, INCLUDING

BUT NOT LIMITED TO, ANY IMPLIED WARRANTIES OF MERCHANTABILITY,

FITNESS OF ANY OF THE SERVICES FOR A PARTICULAR PURPOSE, TITLE OR

NON-INFRINGEMENT OR ANY WARRANTY ARISING BY USAGE OF TRADE,

COURSE OF DEALING OR COURSE OF PERFORMANCE OR ANY WARRANTY

THAT ANY OF THE SERVICES WILL MEET CUSTOMER’S REQUIREMENTS.

WITHOUT LIMITING THE FOREGOING, LENNON TELEPHONE COMPANY DOES NOT WARRANT

THAT ANY OF LTC’S SERVICES WILL BE WITHOUT FAILURE,

DELAY, INTERRUPTION, ERROR, DEGRADATION OF VOICE QUALITY OR

LOSS OF CONTENT, DATA OR INFORMATION. NEITHER LENNON TELEPHONE COMPANY NOR

ITS OFFICERS, DIRECTORS, EMPLOYEES, AFFILIATES OR AGENTS OR ANY

OTHER SERVICE PROVIDER OR VENDOR WHO FURNISHES SERVICES OR

PRODUCTS TO CUSTOMER IN CONNECTION WITH THIS AGREEMENT OR

ANY LTC SERVICE WILL BE LIABLE FOR UNAUTHORIZED ACCESS

TO LTC‘S OR CUSTOMER’S TRANSMISSION FACILITIES OR

PREMISES EQUIPMENT OR FOR UNAUTHORIZED ACCESS TO, OR

ALTERATION, THEFT OR DESTRUCTION OF, CUSTOMER’S DATA FILES,

PROGRAMS, PROCEDURES OR INFORMATION THROUGH ACCIDENT,

FRAUDULENT MEANS OR DEVICES OR ANY OTHER METHOD, REGARDLESS

OF WHETHER SUCH DAMAGE OCCURS AS A RESULT OF LTC‘S OR

ITS SERVICE PROVIDER’S OR VENDORS’ NEGLIGENCE. STATEMENTS AND

DESCRIPTIONS CONCERNING THE SERVICE OR DEVICE, IF ANY, BY

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LENNNON TELEPHONE COMPANY  OR LTC‘S AGENTS OR INSTALLERS ARE

INFORMATIONAL AND ARE NOT GIVEN AS A WARRANTY OF ANY KIND.

No Third Party Beneficiaries

No provision of this Agreement provides any person or entity not a party to this

Agreement with any remedy, claim, liability, reimbursement, or cause of action or creates

any other third party beneficiary rights.

Content

You are liable for any and all liability that may arise out of the content transmitted by or

to you or Users using the services. You shall assure that your or Users’ use of the

services and content will at all times comply with all applicable laws, regulations and

written and electronic instructions for use. LTC reserves the right to terminate

or suspend affected services, and/or remove your or Users’ content from the services, if

LTC determines that such use or content does not conform with the

requirements set forth in this Agreement or interferes with LTC‘s ability to

provide services to you or others or receives notice from anyone that your or Users’ use

or Content may violate any laws or regulations. LTC‘s actions or inaction under

this paragraph shall not constitute review or approval of your or Users’ use or content.

You will indemnify and hold LENNON TELEPHONE COMPANY harmless against any and all liability arising

from the content transmitted by or to you or to Users using the services. For purposes of

this paragraph, the term “User” means any person, whether authorized or unauthorized,

using the service provided to you.

Governing Law / Resolution of Disputes – Mandatory Arbitration

Any dispute or claim between you, the Customer, and LTC arising out of or

relating to the service provided in connection with these General Terms and Conditions

shall be resolved by arbitration (“Mandatory Arbitration”), unless otherwise specified in

Customer’s individual Service Contract. To the extent that there is a conflict regarding

this Mandatory Arbitration provision, the Customer’s individual Service Contract

supersedes the Terms and Policies of the individual services.

The arbitrator’s decision shall follow the plain meaning of the relevant documents, and

shall be final and binding. The parties agree that no arbitrator has the authority to: (i)

award relief in excess of what this Agreement provides; or (ii) award punitive or

exemplary damages. Judgment on the award rendered by the arbitrators may be entered

in any court having jurisdiction thereof. All claims shall be arbitrated individually and

Customer will not bring, or join any class action of any kind in court or in arbitration or

seek to consolidate or bring previously consolidated claims in arbitration. CUSTOMER

ACKNOWLEDGES THAT THIS ARBITRATION PROVISION CONSTITUTES A

WAIVER OF ANY RIGHT TO A JURY TRIAL.

Governing Law / Resolution of Disputes – Governing Law

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The Agreement and the relationship between you and LTC shall be governed

by the laws of the State of Michigan without regard to its conflict of law provisions. To

the extent court action is initiated to enforce an arbitration award or for any other reason

consistent with the Mandatory Arbitration provision herein, you and LTC agree

to submit to the personal and exclusive jurisdiction of the courts located within the state

of Michigan and waive any objection as to venue or inconvenient forum. The failure of

LTC to exercise or enforce any right or provision of the Agreement shall not

constitute a waiver of such right or provision. If any provision of the Agreement is found

by a court of competent jurisdiction to be invalid, the parties nevertheless agree that the

court should endeavor to give effect to the parties’ intentions as reflected in the provision,

and the other provisions of the Agreement remain in full force and effect. You agree that

regardless of any statute or law to the contrary, any claim or cause of action arising out of

or related to use of the service or the Agreement must be filed within one (1) year after

such claim or cause of action arose or be forever barred.

Severability

If any part of this Agreement is legally declared invalid or unenforceable, all other parts

of this Agreement are still valid and enforceable. Such invalidity or non-enforceability

will not invalidate or render unenforceable any other portion of this Agreement.

Privacy

Lennon Telephone Company utilizes, in whole or in part, the public Internet and third party networks to

transmit communications. LTC is not liable for any lack of privacy which may

be experienced with regard to the service. Please refer to our Privacy Policy applicable to

you at www.lentel.com  for additional information.

TVC | Lennon Telephone Company © 2018