{"id":275,"date":"2018-09-17T14:10:09","date_gmt":"2018-09-17T18:10:09","guid":{"rendered":"http:\/\/lentel.com\/newsite\/?page_id=275"},"modified":"2023-08-30T14:13:05","modified_gmt":"2023-08-30T18:13:05","slug":"ltc-terms-of-service","status":"publish","type":"page","link":"https:\/\/lentel.com\/index.php\/ltc-terms-of-service\/","title":{"rendered":"LTC Terms of Service"},"content":{"rendered":"

LENNON TELEPHONE COMPANY SERVICE
\n<\/strong>TERMS AND CONDITIONS OF SERVICE<\/strong><\/p>\n

\u00a0 Click here to download<\/span><\/a>\n

When you, the Customer, purchase a Lennon Telephone\u00a0 Company Service Bundle <\/strong>or LTC<\/strong><\/p>\n

Service Bundles <\/strong>(individually referred to as \u201cService Bundle,\u201d <\/strong>or collectively as<\/p>\n

\u201cService Bundles\u201d), you agree to these Terms and Conditions of Service located at<\/p>\n

LTC<\/strong>\u2019s website: www.lentel.com<\/strong>. and incorporated herein by<\/p>\n

reference. Other restrictions, terms and conditions for the individual services may also<\/p>\n

apply.<\/p>\n

The Service Bundles are available to residential and small\/home business customers in<\/p>\n

selected areas. For purposes of these Terms and Conditions of Service, small\/home<\/p>\n

business is defined as single line. If you purchase a Service Bundle, you must select<\/p>\n

LTC <\/strong>as your provider of each of the individual services offered in the bundle.<\/p>\n

Service Bundles include domestic, direct-dialed calls only. If any individual service in<\/p>\n

the Service Bundle is dropped, savings no longer apply. Customers with a credit limit,<\/p>\n

non-basic block or toll block on their existing services are not eligible to purchase a<\/p>\n

LTC <\/strong>Service Bundle. All other LTC <\/strong>accounts must be current at<\/p>\n

enrollment for a Service Bundle and the Customer must maintain a good payment history<\/p>\n

to keep the Service Bundle. You will incur penalty charges in the event of disconnection<\/p>\n

for non-payment. Service Bundles require the Customer to have the same billing name<\/p>\n

and address for all of the services offered within each Service Bundle.<\/p>\n

* Terms and Conditions of Service are also available in paper form upon written<\/p>\n

request to: Lennon <\/strong>Telephone Company \u2013 Customer Service<\/strong><\/p>\n

Service Contracts\/Entire Agreement<\/strong><\/p>\n

Your signed and executed Service Contract for the Service Bundles, these Terms and<\/p>\n

Conditions of Service, any additional Terms, Policies, or Tariffs for the individual<\/p>\n

services and the rates for services as provided to you upon request, constitute the entire<\/p>\n

agreement between you as the Customer, and Lennon <\/strong>Telephone Company and its<\/p>\n

affiliates, including Total <\/strong>Communications, \u00a0<\/strong>Long Distance, and<\/p>\n

TVC, Inc <\/strong>(collectively referred to herein as \u201cLTC<\/strong>\u201d) (\u201cAgreement\u201d) for the<\/p>\n

purchase of the Service Bundles from Lennon Telephone Company<\/strong>.<\/p>\n

This Agreement is binding upon you, the Customer, and governs your use of<\/p>\n

LTC<\/strong>\u2019s services, superseding any prior agreements between you and<\/p>\n

LTC <\/strong>and any and all prior or contemporaneous statements, understandings,<\/p>\n

writings, commitments, or representations concerning its subject matter. No amendment<\/p>\n

to this Agreement shall be binding upon LTC <\/strong>unless and until posted.<\/p>\n

Other Terms and Policies Incorporated Herein By Reference<\/strong><\/p>\n

2<\/p>\n

These Terms and Conditions of Service include, and incorporate herein by reference, all<\/p>\n

additional Terms, Policies and Tariffs for each of the individual services offered by<\/p>\n

LTC<\/strong>.<\/p>\n

Fees and Charges<\/strong><\/p>\n

You agree to pay all charges and fees associated with the use of the services offered by<\/p>\n

LTC<\/strong>, which charges may include, without limitation, monthly service fees,<\/p>\n

charges for the use of LTC<\/strong>\u2019s equipment, installation charges, charges for<\/p>\n

service calls and other charges. LTC <\/strong>shall have the right to change the amount<\/p>\n

of fees and charges from time to time at its discretion and upon reasonable advance<\/p>\n

notice. Monthly service, equipment and other fees shall be payable monthly in advance.<\/p>\n

Installation and other charges will be billed according to our then current billing policies.<\/p>\n

Your LTC <\/strong>invoice may also contain charges for other services provided by us<\/p>\n

or our subsidiaries or affiliates. If we receive partial payment of any such invoices, we<\/p>\n

will apply such payment in the amounts and proportions to the outstanding charges as we<\/p>\n

determine. Our acceptance of any partial payment by you does not mean that we waive<\/p>\n

our rights to collect the full balance owed to us.<\/p>\n

Taxes<\/strong><\/p>\n

You are responsible for, and shall pay, any applicable federal, state, provincial,<\/p>\n

municipal, local or other governmental sales, use, excise, value-added, personal property,<\/p>\n

public utility or other taxes, fees or charges now in force or enacted in the future, that<\/p>\n

arise from or as a result of your subscription or use or payment for the service. Such<\/p>\n

amounts are in addition to payment for the service. If you are exempt from payment of<\/p>\n

such taxes, you shall provide LTC <\/strong>with an original certificate that satisfies the<\/p>\n

applicable legal requirement attesting to tax-exempt status. Tax exemption will only<\/p>\n

apply from and after the date LTC <\/strong>receives such certificate.<\/p>\n

Termination\/Discontinuance of Service<\/strong><\/p>\n

LTC <\/strong>reserves the right to suspend or discontinue providing its services<\/p>\n

generally, or to terminate your service, at any time in its sole discretion. If<\/p>\n

LTC <\/strong>discontinues providing its services generally, or terminates your service in<\/p>\n

its discretion without a stated reason, you will only be responsible for charges accrued<\/p>\n

through the date of termination, including a pro-rated portion of the final month’s<\/p>\n

charges. If your service is terminated for any stated reason, including without limitation<\/p>\n

violation of your Agreement, including these Terms and Conditions, or because of any<\/p>\n

improper use of the service (such as, but not limited to, your attempts to disrupt or misuse<\/p>\n

the service or your acts or omissions that violate any acceptable use policy of<\/p>\n

LTC <\/strong>or of a third party provider to which LTC <\/strong>is subject), you will<\/p>\n

be responsible for the full month’s charges to the end of the current term, including<\/p>\n

without limitation unbilled charges, disconnect fees, and equipment charges as set forth<\/p>\n

3<\/p>\n

herein these Terms and Conditions, all of which immediately become due and payable.<\/p>\n

Other fees may also apply.<\/p>\n

Disconnect Fees<\/strong><\/p>\n

In addition, labor charges and\/or service order charges may be incurred if any onpremises<\/p>\n

or central office work is performed to restore any of the services offered by<\/p>\n

LTC <\/strong>where such services are disconnected for non-payment, as defined below:<\/p>\n

    \n
  1. The customer will incur labor and\/or service charges if LTC <\/strong>performs onpremise<\/li>\n<\/ol>\n

    or central office work to restore any of the services offered by LTC<\/strong><\/p>\n

    due to customer moving or changing their location. LTC <\/strong>customer relocation<\/p>\n

    fee is $40.00.<\/p>\n

      \n
    1. The customer will incur labor and\/or service charges if LTC <\/strong>performs onpremise<\/li>\n<\/ol>\n

      or central office work to restore any of the Service Bundles due to disconnection<\/p>\n

      as a result of non-payment. The reconnection fee for each of the Service Bundles is<\/p>\n

      $50.00.<\/p>\n

        \n
      1. The customer will incur labor and\/or services charges if a LTC <\/strong>technician is<\/li>\n<\/ol>\n

        required to come out on a trouble call and the customer does not have the inside wire<\/p>\n

        maintenance plan and if the trouble is not found in LTC <\/strong>equipment. A service<\/p>\n

        charge of $40.00 will apply for this visit.<\/p>\n

        If you terminate a Service Bundle prior to the end of a calendar month, you will be<\/p>\n

        responsible for the full month’s charges, as well as any other applicable fees, including<\/p>\n

        without limitation unbilled charges, disconnect fees, equipment charges and Early<\/p>\n

        Termination Fees, all of which immediately become due and payable. Expiration of the<\/p>\n

        term or termination of the service does not excuse the Customer from paying all unpaid,<\/p>\n

        accrued charges due in relation to the Agreement. Failure to pay the full bundle price in<\/p>\n

        any calendar month is grounds for automatic termination of the bundle, and applicable<\/p>\n

        Early Termination Fees, equipment charges, and other fees and penalties may apply.<\/p>\n

        Lennon Telephone Company <\/strong><\/p>\n

        Prohibited Uses<\/strong><\/p>\n

        You agree to use the services only for lawful purposes. This means that you agree not to<\/p>\n

        use them for transmitting or receiving any communication or material of any kind when<\/p>\n

        in LTC<\/strong>‘s sole judgment the transmission, receipt or possession of such<\/p>\n

        communication or material (i) would constitute a criminal offense, give rise to a civil<\/p>\n

        liability, or otherwise violate any applicable local, state, national or international law or<\/p>\n

        (ii) encourages conduct that would constitute a criminal offense, give rise to a civil<\/p>\n

        liability, or otherwise violate any applicable local, state, national or international law.<\/p>\n

        5<\/p>\n

        LTC <\/strong>reserves the right to terminate your service immediately and without<\/p>\n

        advance notice if LTC<\/strong>, in its sole discretion, believes that you have violated the<\/p>\n

        above restrictions, leaving you responsible for the full month’s charges to the end of the<\/p>\n

        current term, including without limitation unbilled charges, plus a disconnect fee, all of<\/p>\n

        which immediately become due and payable and may at LTC<\/strong>\u2019s discretion be<\/p>\n

        immediately charged to your credit card. You are liable for any and all use of the service<\/p>\n

        by yourself and by any person making use of the service provided to you, and agree to<\/p>\n

        indemnify and hold harmless LTC <\/strong>against any and all liability for any such use.<\/p>\n

        If LTC<\/strong>, in its sole discretion believes that you have violated the above<\/p>\n

        restrictions, LTC <\/strong>may forward the objectionable material, as well as your<\/p>\n

        communications with LTC <\/strong>and your personally identifiable information to the<\/p>\n

        appropriate authorities for investigation and prosecution and you hereby consent to such<\/p>\n

        forwarding.<\/p>\n

        Limitation of Liability<\/strong><\/p>\n

        Lennon Telephone Company <\/strong>shall not be liable for any delay or failure to provide the service, at any<\/p>\n

        time or from time to time, or any interruption or degradation of voice quality that is<\/p>\n

        caused by any of the following:<\/p>\n

        1.) act or omission of an underlying carrier, service provider, vendor or other third party;<\/p>\n

        2.) equipment, network or facility failure;<\/p>\n

        3.) equipment, network or facility upgrade or modification;<\/p>\n

        4.) force majeure events such as (but not limited to) acts of god; strikes; fire; war; riot;<\/p>\n

        government actions;<\/p>\n

        5.) equipment, network or facility shortage;<\/p>\n

        6.) equipment or facility relocation;<\/p>\n

        7.) service, equipment, network or facility failure caused by the loss of power to<\/p>\n

        Customer;<\/p>\n

        8) outage of Customer\u2019s ISP or broadband service provider;<\/p>\n

        9) act or omission of Customer or any person using the LTC<\/strong>\u2019s service(s)<\/p>\n

        provided to Customer; or<\/p>\n

        10) any other cause that is beyond LTC<\/strong>‘s control, including without limitation a<\/p>\n

        failure of or defect in any device, the failure of an incoming or outgoing communication,<\/p>\n

        the inability of communications to be connected or completed, or degradation of voice<\/p>\n

        quality.<\/p>\n

        LTC<\/strong>‘s aggregate liability for (i) any failure or mistake; (ii) any claim with<\/p>\n

        respect to LTC<\/strong>\u2019s performance or nonperformance hereunder or (iii) any<\/p>\n

        LTC <\/strong>act or omission in connection with the subject matter hereof shall in no<\/p>\n

        event exceed service charges with respect to the affected time period.<\/p>\n

        Disclaimer of Damages<\/strong><\/p>\n

        IN NO EVENT SHALL LENNON TELEPHONE COMPANY<\/strong>, ITS OFFICERS, DIRECTORS, EMPLOYEES,<\/p>\n

        AFFILIATES OR AGENTS OR ANY OTHER SERVICE PROVIDER WHO<\/p>\n

        6<\/p>\n

        FURNISHES SERVICES TO CUSTOMER IN CONNECTION WITH THIS<\/p>\n

        AGREEMENT OR THE SERVICE BE LIABLE FOR ANY DIRECT, INCIDENTAL,<\/p>\n

        INDIRECT, SPECIAL, PUNITIVE, EXEMPLARY OR CONSEQUENTIAL<\/p>\n

        DAMAGES, OR FOR ANY OTHER DAMAGES, INCLUDING BUT NOT LIMITED<\/p>\n

        TO LOSS OF DATA, LOSS OF REVENUE OR PROFITS. THE LIMITATIONS SET<\/p>\n

        FORTH HEREIN APPLY TO CLAIMS FOUNDED IN BREACH OF CONTRACT,<\/p>\n

        BREACH OF WARRANTY, PRODUCT LIABILITY, TORT AND ANY AND ALL<\/p>\n

        OTHER THEORIES OF LIABILITY AND APPLY WHETHER OR NOT<\/p>\n

        LENNON TELEPHONE COMPANY <\/strong>WAS INFORMED OF THE LIKELIHOOD OF ANY PARTICULAR<\/p>\n

        TYPE OF DAMAGES.<\/p>\n

        Indemnification<\/strong><\/p>\n

        Customer agrees to defend, indemnify, and hold harmless Lennon Telephone Company<\/strong>, its officers,<\/p>\n

        directors, employees, affiliates and agents and any other service provider who furnishes<\/p>\n

        services to Customer in connection with this Agreement or the Service, from any and all<\/p>\n

        claims, losses, damages, fines, penalties, costs and expenses (including, without<\/p>\n

        limitation, reasonable attorneys fees) by, or on behalf of, Customer or any third party or<\/p>\n

        user of Customer’s Service, relating to this Agreement, or the services being provided by<\/p>\n

        LTC<\/strong>. This paragraph shall survive termination of this Agreement.<\/p>\n

        No Warranties on Service<\/strong><\/p>\n

        LENNON TELEPHONE COMPANY <\/strong>MAKES NO WARRANTIES, EXPRESS OR IMPLIED, INCLUDING<\/p>\n

        BUT NOT LIMITED TO, ANY IMPLIED WARRANTIES OF MERCHANTABILITY,<\/p>\n

        FITNESS OF ANY OF THE SERVICES FOR A PARTICULAR PURPOSE, TITLE OR<\/p>\n

        NON-INFRINGEMENT OR ANY WARRANTY ARISING BY USAGE OF TRADE,<\/p>\n

        COURSE OF DEALING OR COURSE OF PERFORMANCE OR ANY WARRANTY<\/p>\n

        THAT ANY OF THE SERVICES WILL MEET CUSTOMER\u2019S REQUIREMENTS.<\/p>\n

        WITHOUT LIMITING THE FOREGOING, LENNON TELEPHONE COMPANY <\/strong>DOES NOT WARRANT<\/p>\n

        THAT ANY OF LTC<\/strong>\u2019S SERVICES WILL BE WITHOUT FAILURE,<\/p>\n

        DELAY, INTERRUPTION, ERROR, DEGRADATION OF VOICE QUALITY OR<\/p>\n

        LOSS OF CONTENT, DATA OR INFORMATION. NEITHER LENNON TELEPHONE COMPANY <\/strong>NOR<\/p>\n

        ITS OFFICERS, DIRECTORS, EMPLOYEES, AFFILIATES OR AGENTS OR ANY<\/p>\n

        OTHER SERVICE PROVIDER OR VENDOR WHO FURNISHES SERVICES OR<\/p>\n

        PRODUCTS TO CUSTOMER IN CONNECTION WITH THIS AGREEMENT OR<\/p>\n

        ANY LTC <\/strong>SERVICE WILL BE LIABLE FOR UNAUTHORIZED ACCESS<\/p>\n

        TO LTC<\/strong>‘S OR CUSTOMER’S TRANSMISSION FACILITIES OR<\/p>\n

        PREMISES EQUIPMENT OR FOR UNAUTHORIZED ACCESS TO, OR<\/p>\n

        ALTERATION, THEFT OR DESTRUCTION OF, CUSTOMER’S DATA FILES,<\/p>\n

        PROGRAMS, PROCEDURES OR INFORMATION THROUGH ACCIDENT,<\/p>\n

        FRAUDULENT MEANS OR DEVICES OR ANY OTHER METHOD, REGARDLESS<\/p>\n

        OF WHETHER SUCH DAMAGE OCCURS AS A RESULT OF LTC<\/strong>‘S OR<\/p>\n

        ITS SERVICE PROVIDER’S OR VENDORS’ NEGLIGENCE. STATEMENTS AND<\/p>\n

        DESCRIPTIONS CONCERNING THE SERVICE OR DEVICE, IF ANY, BY<\/p>\n

        7<\/p>\n

        LENNNON TELEPHONE COMPANY \u00a0<\/strong>OR LTC<\/strong>‘S AGENTS OR INSTALLERS ARE<\/p>\n

        INFORMATIONAL AND ARE NOT GIVEN AS A WARRANTY OF ANY KIND.<\/p>\n

        No Third Party Beneficiaries<\/strong><\/p>\n

        No provision of this Agreement provides any person or entity not a party to this<\/p>\n

        Agreement with any remedy, claim, liability, reimbursement, or cause of action or creates<\/p>\n

        any other third party beneficiary rights.<\/p>\n

        Content<\/strong><\/p>\n

        You are liable for any and all liability that may arise out of the content transmitted by or<\/p>\n

        to you or Users using the services. You shall assure that your or Users\u2019 use of the<\/p>\n

        services and content will at all times comply with all applicable laws, regulations and<\/p>\n

        written and electronic instructions for use. LTC <\/strong>reserves the right to terminate<\/p>\n

        or suspend affected services, and\/or remove your or Users’ content from the services, if<\/p>\n

        LTC <\/strong>determines that such use or content does not conform with the<\/p>\n

        requirements set forth in this Agreement or interferes with LTC<\/strong>‘s ability to<\/p>\n

        provide services to you or others or receives notice from anyone that your or Users’ use<\/p>\n

        or Content may violate any laws or regulations. LTC<\/strong>‘s actions or inaction under<\/p>\n

        this paragraph shall not constitute review or approval of your or Users’ use or content.<\/p>\n

        You will indemnify and hold LENNON TELEPHONE COMPANY <\/strong>harmless against any and all liability arising<\/p>\n

        from the content transmitted by or to you or to Users using the services. For purposes of<\/p>\n

        this paragraph, the term “User” means any person, whether authorized or unauthorized,<\/p>\n

        using the service provided to you.<\/p>\n

        Governing Law \/ Resolution of Disputes – Mandatory Arbitration<\/strong><\/p>\n

        Any dispute or claim between you, the Customer, and LTC <\/strong>arising out of or<\/p>\n

        relating to the service provided in connection with these General Terms and Conditions<\/p>\n

        shall be resolved by arbitration (\u201cMandatory Arbitration\u201d), unless otherwise specified in<\/p>\n

        Customer\u2019s individual Service Contract. To the extent that there is a conflict regarding<\/p>\n

        this Mandatory Arbitration provision, the Customer\u2019s individual Service Contract<\/p>\n

        supersedes the Terms and Policies of the individual services.<\/p>\n

        The arbitrator’s decision shall follow the plain meaning of the relevant documents, and<\/p>\n

        shall be final and binding. The parties agree that no arbitrator has the authority to: (i)<\/p>\n

        award relief in excess of what this Agreement provides; or (ii) award punitive or<\/p>\n

        exemplary damages. Judgment on the award rendered by the arbitrators may be entered<\/p>\n

        in any court having jurisdiction thereof. All claims shall be arbitrated individually and<\/p>\n

        Customer will not bring, or join any class action of any kind in court or in arbitration or<\/p>\n

        seek to consolidate or bring previously consolidated claims in arbitration. CUSTOMER<\/p>\n

        ACKNOWLEDGES THAT THIS ARBITRATION PROVISION CONSTITUTES A<\/p>\n

        WAIVER OF ANY RIGHT TO A JURY TRIAL.<\/p>\n

        Governing Law \/ Resolution of Disputes – Governing Law<\/strong><\/p>\n

        8<\/p>\n

        The Agreement and the relationship between you and LTC <\/strong>shall be governed<\/p>\n

        by the laws of the State of Michigan<\/strong> without regard to its conflict of law provisions. To<\/p>\n

        the extent court action is initiated to enforce an arbitration award or for any other reason<\/p>\n

        consistent with the Mandatory Arbitration provision herein, you and LTC <\/strong>agree<\/p>\n

        to submit to the personal and exclusive jurisdiction of the courts located within the state<\/p>\n

        of Michigan<\/strong> and waive any objection as to venue or inconvenient forum. The failure of<\/p>\n

        LTC <\/strong>to exercise or enforce any right or provision of the Agreement shall not<\/p>\n

        constitute a waiver of such right or provision. If any provision of the Agreement is found<\/p>\n

        by a court of competent jurisdiction to be invalid, the parties nevertheless agree that the<\/p>\n

        court should endeavor to give effect to the parties’ intentions as reflected in the provision,<\/p>\n

        and the other provisions of the Agreement remain in full force and effect. You agree that<\/p>\n

        regardless of any statute or law to the contrary, any claim or cause of action arising out of<\/p>\n

        or related to use of the service or the Agreement must be filed within one (1) year after<\/p>\n

        such claim or cause of action arose or be forever barred.<\/p>\n

        Severability<\/strong><\/p>\n

        If any part of this Agreement is legally declared invalid or unenforceable, all other parts<\/p>\n

        of this Agreement are still valid and enforceable. Such invalidity or non-enforceability<\/p>\n

        will not invalidate or render unenforceable any other portion of this Agreement.<\/p>\n

        Privacy<\/strong><\/p>\n

        Lennon Telephone Company <\/strong>utilizes, in whole or in part, the public Internet and third party networks to<\/p>\n

        transmit communications. LTC <\/strong>is not liable for any lack of privacy which may<\/p>\n

        be experienced with regard to the service. Please refer to our Privacy Policy applicable to<\/p>\n

        you at www.lentel.com<\/strong><\/a> \u00a0for additional information.<\/p>\n","protected":false},"excerpt":{"rendered":"

        LENNON TELEPHONE COMPANY SERVICE TERMS AND CONDITIONS OF SERVICE \u00a0 When you, the Customer, purchase a Lennon Telephone\u00a0 Company Service Bundle or LTC Service Bundles (individually referred to as \u201cService Bundle,\u201d or collectively as \u201cService Bundles\u201d), you agree to these Terms and Conditions of Service located at LTC\u2019s website: www.lentel.com. and incorporated herein by reference. […]<\/p>\n","protected":false},"author":1,"featured_media":0,"parent":0,"menu_order":0,"comment_status":"closed","ping_status":"closed","template":"","meta":{"footnotes":""},"class_list":["post-275","page","type-page","status-publish","hentry"],"_links":{"self":[{"href":"https:\/\/lentel.com\/index.php\/wp-json\/wp\/v2\/pages\/275","targetHints":{"allow":["GET"]}}],"collection":[{"href":"https:\/\/lentel.com\/index.php\/wp-json\/wp\/v2\/pages"}],"about":[{"href":"https:\/\/lentel.com\/index.php\/wp-json\/wp\/v2\/types\/page"}],"author":[{"embeddable":true,"href":"https:\/\/lentel.com\/index.php\/wp-json\/wp\/v2\/users\/1"}],"replies":[{"embeddable":true,"href":"https:\/\/lentel.com\/index.php\/wp-json\/wp\/v2\/comments?post=275"}],"version-history":[{"count":5,"href":"https:\/\/lentel.com\/index.php\/wp-json\/wp\/v2\/pages\/275\/revisions"}],"predecessor-version":[{"id":1239,"href":"https:\/\/lentel.com\/index.php\/wp-json\/wp\/v2\/pages\/275\/revisions\/1239"}],"wp:attachment":[{"href":"https:\/\/lentel.com\/index.php\/wp-json\/wp\/v2\/media?parent=275"}],"curies":[{"name":"wp","href":"https:\/\/api.w.org\/{rel}","templated":true}]}}