TecInfo Terms, Conditions, and End-User Agreements
Here you’ll find our general Service Terms and Conditions, Acceptable Use Policy and Master Services Agreement for Voice and Internet services.
General Internet and Voice quotes do not include maintenance or support of company’s network, network wiring, equipment, Internet or VPN
connections, or the administration of individual accounts (e-mail, individual Internet accounts, etc.) other than described within quote details. All quotes containing installation time estimates are in good faith of the time it will take to implement this solution. 50% payment due with order. The times, however, are subject to customer and/or carrier meeting site performance preparation specifications. Work performed/installation hours will be billed at $125.00 per hour during normal working hours. Travel is billed at $62.50/hr rate plus mileage and normal per diem expenses. Overtime and Holiday rates apply when applicable. Quotes for maintenance contracts are available upon request. Payment of all charges is due Net 10 Days. Any account not paid by the due date is considered past due. TecInfo Communications, in the event of late payment by Customer, shall be entitled to interest on the amount owing at a rate of one and one-half percent (1.5%) per month or the highest rate allowed by applicable law, whichever is greater, compounded on a daily basis from the due date of payment until the dateof actual payment. All invoices are delivered via e-mail. The Service Agreement automatically renews for a subsequent term beginning on the day immediately following the end of the Initial Term, unless either party gives the other ninety (90) days prior written notice of its intent not to renew this Agreement. Client, by signing this document agrees not to solicit any TecInfo employee’s for employment for a period of three (3) years after the work is completed. Freight and sales tax to be added if applicable. This quote expires 15 days from date shown above. The information presented is intended only for the person or entity to which it is addressed and contains confidential, proprietary, and/or privileged material. Any review, re-transmission, dissemination or other use of, or taking of any action in reliance upon this information by persons or entities without the written permission of TecInfo is prohibited.
Acceptable Use Policy for TecInfo Communication’s Internet
Why is TecInfo providing this Policy to me?
TecInfo’s goal is to provide its customers with the best residential cable Internet service possible. In order to help accomplish this, TecInfo has adopted this Acceptable Use Policy (the “Policy”). This Policy outlines acceptable use of the residential and business TECINFO COMMUNICATIONS Internet service, including TecInfo-provided TECINFO COMMUNICATIONS WiFi Internet service (collectively, the “Service”). All residential TECINFO COMMUNICATIONS Internet customers (the “customer,” “user,” “you,” or “your”) and all others who use the Service must comply with this Policy. Your failure, or others’ failure, to comply with this Policy could result in the suspension or termination of your or their Service accounts. Therefore, you should take steps to ensure that others you permit to use your Service are aware of this Policy and agree to abide by it. If you are unwilling to comply with this Policy, you must immediately stop all use of the Service and notify TecInfo so that it can close your account.
Does this Policy apply to my use of TECINFO COMMUNICATIONS WiFi-identified services inside and outside of my premises and in public places?
This Policy applies to your use of the Service if you are a residential or business TECINFO COMMUNICATIONS Internet customer who accesses TecInfo-provided, TECINFO COMMUNICATIONS WiFi-identified services inside or outside of your premises or in public places using a TECINFO COMMUNICATIONS Internet login and password.
How will I know when TecInfo changes this Policy and how do I report violations of it?
TecInfo may revise this Policy from time to time by posting a new version on the web site at http://www.tecinfo.com/terms-and-conditions or any successor URL(s) (the “TECINFO COMMUNICATIONS Web site”). TecInfo will use reasonable efforts to make customers aware of any changes to this Policy, which may include sending email announcements or posting information on the TECINFO COMMUNICATIONS Web site. Revised versions of this Policy are effective immediately upon posting. Accordingly, customers of the Service should read any TecInfo announcements they receive and regularly visit the TECINFO COMMUNICATIONS Web site and review this Policy to ensure that their activities conform to the most recent version. To report child exploitation or another child-related incident involving the Internet, go to http://www.tecinfo.net/report-abuse/.
I. Prohibited Uses and Activities
What uses and activities does TecInfo prohibit?
In general, the Policy prohibits uses and activities involving the Service that are illegal, infringe the rights of others, or interfere with or diminish the use and enjoyment of the Service by others. For example, these prohibited uses and activities include, but are not limited to, using the Service, Customer Equipment, or the TecInfo Equipment, either individually or in combination with one another, to:
CONDUCT AND INFORMATION RESTRICTIONS
- undertake or accomplish any unlawful purpose. This includes, but is not limited to, posting, storing, transmitting or disseminating information, data or material which is libelous, obscene, unlawful, threatening or defamatory, or which infringes the intellectual property rights of any person or entity, or which in any way constitutes or encourages conduct that would constitute a criminal offense, or otherwise violate any local, state, federal, or non-U.S. law, order, or regulation;
- post, store, send, transmit, or disseminate any information or material which a reasonable person could deem to be unlawful;
- upload, post, publish, transmit, reproduce, create derivative works of, or distribute in any way information, software or other material obtained through the Service or otherwise that is protected by copyright or other proprietary right, without obtaining any required permission of the owner;
- transmit unsolicited bulk or commercial messages commonly known as “spam;”
- send very large numbers of copies of the same or substantially similar messages, empty messages, or messages which contain no substantive content, or send very large messages or files that disrupts a server, account, blog, newsgroup, chat, or similar service;
- initiate, perpetuate, or in any way participate in any pyramid or other illegal scheme;
- participate in the collection of very large numbers of email addresses, screen names, or other identifiers of others (without their prior consent), a practice sometimes known as spidering or harvesting, or participate in the use of software (including “spyware”) designed to facilitate this activity;
- collect responses from unsolicited bulk messages;
- falsify, alter, or remove message headers;
- falsify references to TecInfo or its network, by name or other identifier, in messages;
- impersonate any person or entity, engage in sender address falsification, forge anyone else’s digital or manual signature, or perform any other similar fraudulent activity (for example, “phishing”);
- violate the rules, regulations, terms of service, or policies applicable to any network, server, computer database, service, application, system, or web site that you access or use;
- access any other person’s computer or computer system, network, software, or data without his or her knowledge and consent; breach the security of another user or system; or attempt to circumvent the user authentication or security of any host, network, or account. This includes, but is not limited to, accessing data not intended for you, logging into or making use of a server or account you are not expressly authorized to access, or probing the security of other hosts, networks, or accounts without express permission to do so;
- use or distribute tools or devices designed or used for compromising security or whose use is otherwise unauthorized, such as password guessing programs, decoders, password gatherers, keystroke loggers, analyzers, cracking tools, packet sniffers, encryption circumvention devices, or Trojan Horse programs. Unauthorized port scanning is strictly prohibited;
- copy, distribute, or sublicense any proprietary software provided in connection with the Service by TecInfo or any third party, except that you may make one copy of each software program for back-up purposes only;
- distribute programs that make unauthorized changes to software (cracks);
- use or run dedicated, stand-alone equipment or servers from the Premises that provide network content or any other services to anyone outside of your Premises local area network (“Premises LAN”), also commonly referred to as public services or servers. Examples of prohibited equipment and servers include, but are not limited to, email, web hosting, file sharing, and proxy services and servers;
- use or run programs from the Premises that provide network content or any other services to anyone outside of your Premises LAN, except for personal and non-commercial residential use;
- service, alter, modify, or tamper with the TecInfo Equipment or Service or permit any other person to do the same who is not authorized by TecInfo;
NETWORK AND USAGE RESTRICTIONS
- use the Service for any purpose other than personal and non-commercial residential use (except for your individual use for telecommuting);
- use the Service for operation as an Internet service provider or for any business, other legal entity, or organization purpose (whether or not for profit);
- restrict, inhibit, or otherwise interfere, regardless of intent, purpose or knowledge, with the ability of any other person to use or enjoy the Service (except for tools for safety and security functions such as parental controls, for example), including, without limitation, posting or transmitting any information or software which contains a worm, virus, or other harmful feature, or
- impede others’ ability to use, send, or retrieve information;
- restrict, inhibit, interfere with, or otherwise disrupt or cause a performance degradation, regardless of intent, purpose or knowledge, to the Service or any TecInfo (or TecInfo supplier) host, server, backbone network, node or service, or otherwise cause a performance degradation to any TecInfo (or TecInfo supplier) facilities used to deliver the Service;
- resell the Service or otherwise make available to anyone outside the Premises the ability to use the Service (for example, through WiFi or other methods of networking), in whole or in part, directly or indirectly, with the sole exception of your use of TecInfo-provided WiFi service in accordance with its then-current terms and policies;
- connect the TecInfo Equipment to any computer outside of your Premises;
- interfere with computer networking or telecommunications service to any user, host or network, including, without limitation, denial of service attacks, flooding of a network, overloading a service, improper seizing and abusing operator privileges, and attempts to “crash” a host; or
- access and use the Service with anything other than a dynamic Internet Protocol (“IP”) address that adheres to the dynamic host configuration protocol (“DHCP”). You may not configure the Service or any related equipment to access or use a static IP address or use any protocol other than DHCP unless you are subject to a Service plan that expressly permits you to do so.
II. Customer Conduct and Features of the Service
What obligations do I have under this Policy?
You are responsible for your own compliance with this Policy. You are also responsible for any use or misuse of the Service that violates this Policy by anyone else you permit to access the Service (such as a friend, family member, or guest) with one exception: In cases where you permit others to access your TecInfo-provided, TECINFO COMMUNICATIONS WiFi-identified Internet Service with their own login information, those users are responsible for complying with all then-current terms and policies that apply to their access. TecInfo recommends against enabling file or printer sharing unless you do so in strict compliance with all security recommendations and features provided by TecInfo and the manufacturer of the applicable file or printer sharing devices. Any files or devices you choose to make available for shared access on a home LAN, for example, should be protected with a strong password or as otherwise appropriate.
In all cases, you are solely responsible for the security of any device you connect to the Service, including any data stored or shared on that device. It is also your responsibility to secure the Customer Equipment and any other Premises equipment or programs not provided by TecInfo that connect to the Service from external threats such as viruses, spam, bot nets, and other methods of intrusion.
How does TecInfo address inappropriate content and transmissions?
TecInfo reserves the right to refuse to transmit or post, and to remove or block, any information or materials, in whole or in part, that it, in its sole discretion, deems to be in violation of Sections I or II of this Policy, or otherwise harmful to TecInfo’s network or customers using the Service, regardless of whether this material or its dissemination is unlawful so long as it violates this Policy. Neither TecInfo nor any of its affiliates, suppliers, or agents have any obligation to monitor transmissions or postings (including, but not limited to, email, file transfer, blog, newsgroup, and instant message transmissions) made on the Service. However, TecInfo and its affiliates, suppliers, and agents have the right to monitor these transmissions and postings from time to time for violations of this Policy and to disclose, block, or remove them in accordance with this Policy, the Subscriber Agreement, and applicable law.
What requirements apply to electronic mail?
The Service may not be used to communicate or distribute email or other forms of communications in violation of Section I of this Policy. As described below in Section III of this Policy, TecInfo uses reasonable network management tools and techniques to protect customers from receiving spam and from sending spam (often without their knowledge over an infected computer. TecInfo is not responsible for deleting or forwarding any email sent to the wrong email address by you or by someone else trying to send email to you. TecInfo is also not responsible for forwarding email sent to any account that has been suspended or terminated. This email will be returned to the sender, ignored, deleted, or stored temporarily at TecInfo’s sole discretion. If you cancel or terminate your Service account for any reason, all email associated with that account (and any secondary accounts) will be permanently deleted as well.
If TecInfo believes in its sole discretion that any subscriber name, account name, or email address (collectively, an “identifier”) on the Service may be used for, or is being used for, any misleading, fraudulent, or other improper or illegal purpose, TecInfo (i) reserves the right to block access to and prevent the use of any of these identifiers and (ii) may at any time require any customer to change his or her identifier. In addition, TecInfo may at any time reserve any identifiers on the Service for its own purposes.
III. Network Management
Why does TecInfo manage its network?
TecInfo manages its network with one goal: to deliver the best possible broadband Internet experience to all of its customers. High-speed bandwidth and network resources are not unlimited. Managing the network is essential as TecInfo works to promote the use and enjoyment of the Internet by all of its customers. The company uses reasonable network management practices that are consistent with industry standards. TecInfo tries to use tools and technologies that are minimally intrusive and, in its independent judgment guided by industry experience, among the best in class. Of course, the company’s network management practices will change and evolve along with the uses of the Internet and the challenges and threats on the Internet.
The need to engage in network management is not limited to TecInfo. In fact, all large Internet service providers manage their networks. Many of them use the same or similar tools that TecInfo does. If the company didn’t manage its network, its customers would be subject to the negative effects of spam, viruses, security attacks, network congestion, and other risks and degradations of service. By engaging in responsible network management including enforcement of this Policy, TecInfo can deliver the best possible broadband Internet experience to all of its customers.
How does TecInfo manage its network?
TecInfo uses various tools and techniques to manage its network, deliver the Service, and ensure compliance with this Policy and the Subscriber Agreement. These tools and techniques are dynamic, like the network and its usage, and can and do change frequently. For example, these network management activities may include (i) identifying spam and preventing its delivery to customer email accounts, (ii) detecting malicious Internet traffic and preventing the distribution of viruses or other harmful code or content, (iii) temporarily lowering the priority of traffic for users who are the top contributors to current network congestion, and (iv) using other tools and techniques that TecInfo may be required to implement in order to meet its goal of delivering the best possible broadband Internet experience to all of its customers.
IV. Data Consumption
What data consumption requirements apply to the Service?
TecInfo does not restrict the usage of its customer’s Internet service at any time. TecInfo may however, at its sole discretion, deprioritize user data behind voice, video and other critical services as necessary to provide preserve quality of service for all network users.
V. Violation of this Acceptable Use Policy
What happens if you violate this Policy?
TecInfo reserves the right immediately to suspend or apply other interim measures in its sole discretion to your Service, or terminate your Service account and terminate the Subscriber Agreement if you violate the terms of this Policy or the Subscriber Agreement, or if anyone else you permit to access the Service violates this Policy. In that event, TecInfo also reserves the right to downgrade, suspend, or terminate other TecInfo services you receive.
TecInfo does not routinely monitor the activity of individual Service accounts for violations of this Policy, except for determining aggregate data consumption in connection with Section IV of this Policy. However, in the company’s efforts to promote good citizenship within the Internet community, it will respond appropriately if it becomes aware of inappropriate use of the Service. TecInfo has no obligation to monitor the Service and/or the network. TecInfo and its suppliers reserve the right at any time to monitor bandwidth, usage, transmissions, and content in order to, among other things, operate the Service; identify violations of this Policy; and/or protect the network, the Service and TecInfo users.
TecInfo prefers to inform customers of inappropriate activities and give them a reasonable period of time in which to take corrective action. TecInfo also prefers to have customers directly resolve any disputes or disagreements they may have with others, whether customers or not, without TecInfo’s intervention. However, if the Service is used in a way that TecInfo or its suppliers, in their sole discretion, believe violates this Policy, TecInfo or its suppliers may take any responsive actions they deem appropriate under the circumstances with or without notice. These actions include, but are not limited to, temporary or permanent removal of content, filtering of Internet transmissions, and the immediate suspension or termination of all or any portion of the Service. Neither TecInfo nor its affiliates, suppliers, or agents will have any liability for any of these responsive actions. These actions are not TecInfo’s exclusive remedies and TecInfo may take any other legal or technical actions it deems appropriate with or without notice.
TecInfo reserves the right to investigate suspected violations of this Policy, including the gathering of information from the user or users involved and the complaining party, if any, and examination of material and data on TecInfo’s servers and network. During an investigation, TecInfo may suspend the account or accounts involved and/or remove or block material that potentially violates this Policy. You expressly authorize and consent to TecInfo and its suppliers cooperating with (i) law enforcement authorities in the investigation of suspected legal violations, and (ii) and system administrators at other Internet service providers or other network or computing facilities in order to enforce this Policy. Upon termination of your Service account, TecInfo is authorized to delete any files, programs, data, email and other messages associated with your account (and any secondary accounts).
How does TecInfo communicate with customers about copyright?
TecInfo is committed to complying with U.S. copyright and related laws, and requires all customers and users of the Service to comply with these laws. Accordingly, you may not store any material or content on, or access, share or disseminate any material or content over, the Service (or any part of the Service) in any manner that constitutes an infringement of third party intellectual property rights, including rights granted by U.S. copyright law. TecInfo complies with the Digital Millennium Copyright Act and provides a method for copyright owners to communicate information about alleged infringements to us, and for us to inform our customers about them. You may receive notices or alerts if your Service account is identified by a copyright owner as having been used in connection with acts of alleged copyright infringement.
What is TecInfo’s DMCA policy?
Owners of copyrighted works who believe that their rights under U.S. copyright law have been infringed may take advantage of certain provisions of the Digital Millennium Copyright Act of 1998 (the “DMCA”) to report alleged infringements to us. In accordance with the DMCA and other applicable laws, TecInfo also maintains a policy to terminate the Service, in appropriate circumstances, provided to any customer or user who is a repeat infringer of third party copyright rights. TecInfo’s repeat infringer policy includes graduated or escalated alerts of alleged infringements, acknowledgement of alerts, suspension of the Service, the application of other interim measures determined in its sole discretion to the Service, and, in appropriate circumstances, termination of the Service (and other services provided by TecInfo to you). TecInfo also reserves the right to terminate the Service at any time with or without notice for any affected customer or user who TecInfo, in its sole discretion, believes is infringing any copyright or other intellectual property rights.
How do copyright owners report alleged infringements to TecInfo under the DMCA?
Copyright owners may report alleged infringements of their works by sending TecInfo’s authorized agent a notification of claimed infringement that satisfies the requirements of the DMCA. Upon TecInfo’s receipt of a satisfactory notice of claimed infringement for these works, TecInfo will respond expeditiously to either directly or indirectly (i) remove the allegedly infringing work(s), if applicable or (ii) disable access to the work(s). TecInfo will also notify the affected customer or user of the Service of the removal or disabling of access to the work(s).
Copyright owners may send TecInfo a notification of claimed infringement to report alleged infringements of their works under the DMCA to:
TecInfo Communications, LLC
601 N Deer Creek Dr E
Leland, MS 38756 U.S.A.
Copyright owners may use their own notification of claimed infringement form that satisfies the requirements of Section 512(c)(3) of the U.S. Copyright Act. Under the DMCA, anyone who knowingly makes misrepresentations regarding alleged copyright infringement may be liable to TecInfo, the alleged infringer, and the affected copyright owner for any damages incurred in connection with the removal, blocking, or replacement of allegedly infringing material.
What can customers do if they receive a DMCA notification of alleged infringement?
If you receive a DMCA notification of alleged infringement as described above, and you believe in good faith that the allegedly infringing works have been removed or blocked by mistake or misidentification, then you may send a counter notification to TecInfo. Upon TecInfo’s receipt of a counter notification that satisfies the requirements of the DMCA, TecInfo will provide a copy of the counter notification to the person who sent the original notification of claimed infringement and will follow the DMCA’s procedures with respect to a received counter notification. In all events, you expressly agree that TecInfo will not be a party to any disputes or lawsuits regarding alleged copyright infringement.
If a notification of claimed infringement has been filed against you, you can file a counter notification with TecInfo’s designated agent using the contact information shown above. All counter notifications must satisfy the requirements of Section 512(g)(3) of the U.S. Copyright Act.
Revised and effective: February 19, 2019
Master Services Agreement
- The Agreement shall be effective on the Effective Date indicated on the first page of the Agreement. The term of the Agreement shall commence upon the later of (i) installation of the initial Service or (ii) the Effective Date, and shall continue in full force and effect for thirty-six (36) months, unless earlier terminated in accordance with the Agreement terms. After expiration of the Term, the Agreement shall renew automatically thereafter for successive yearly term(s), unless either Party serves the other Party with written notice of such Party’s intent not to renew the Agreement at least sixty (60) days prior to expiration of the then current Term. TecInfo Communications’ provision of Services is contingent upon Customer’s compliance with TecInfo Communications’ credit requirements, which requirements may be revised during the Term hereof in TecInfo Communications’ sole reasonable discretion.
- CHARGES AND PAYMENT.a. ) The rates and charges for the Services shall be those set forth in the rate schedule to the Agreement (the “Rate Schedule”) or other appropriate schedule thereto and/or TecInfo Communications’ tariffs, as applicable and as amended from time to time. The rates and charges in the Rate Schedule apply only to the Services provided at the service address listed on the Rate Schedule of the Agreement. Each additional Customer location added after the Effective Date of the Agreement shall require its own rate schedule. For any TecInfo Communications service used by Customer for which a rate is not specified in the Agreement, TecInfo Communications’ standard business rate shall apply.
- DISPUTE RESOLUTION. Customer must provide TecInfo Communications with written notice of any disputed charge(s) within ninety (90) days after the invoice date listed on the bill or shall be deemed to have waived its rights to dispute the charges. If the dispute is filed on or before the Due Date for the respective invoice, Customer shall pay the invoiced amount minus the disputed amount by the Due Date. Customer shall have no right to withhold amounts not disputed by the Due Date, provided that payment of an invoice shall not be deemed a waiver of Customer’s rights to later dispute an invoice within the time period established in this Section. The dispute notice shall set forth in writing in reasonable detail the information concerning the disputed charges and reasons for the dispute. TecInfo Communications and Customer shall attempt in good faith to promptly resolve any objection to the invoiced amount. If the dispute is subsequently resolved in favor of TecInfo Communications, Customer shall pay the disputed amount previously withheld within ten (10) days of such resolution, including interest at the rate specified above from the original due date. If the dispute is subsequently resolved in favor of Customer, TecInfo Communications shall issue a credit on Customer’s subsequent invoice for the disputed amount. If TecInfo Communications initiates legal proceedings to collect any amount due hereunder and TecInfo Communications substantially prevails in such proceedings then Customer shall pay the reasonable attorneys’ fees and costs incurred by TecInfo Communications in prosecuting such proceedings and any appeals there from. 4. A “Default” shall occur if:
- Upon any actual or alleged breach of or default under this Agreement by any party, no action shall be taken with respect thereto against the breaching or defaulting party unless and until such breach or default remains uncured thirty (30) days after written notice thereof to the party alleged to be in breach or default. Each party shall be entitled to seek in a court of law injunctive and other equitable relief for any breach of the terms of this Agreement. Otherwise, however, if a dispute arises out of or relates to this Agreement, any actual or alleged breach hereof or the interpretation hereof, and if such dispute cannot be settled through negotiation, the parties agree first to try in good faith to settle such dispute by mediation administered bythe American Arbitration Association (the “AAA”) under its Commercial Mediation Procedures, or by private mediation as the parties may agree, before resorting to arbitration, litigation, or some other dispute resolution procedure. Any such dispute not resolved by negotiation or mediation shall be settled by binding arbitration in Washington County, Mississippi pursuant to the commercial Arbitration Rules of the AAA, by a single arbitrator selected in accordance with rules of the AAA. Judgment on the arbitration award may be entered into any court having jurisdiction thereof. Either party may seek any interim or preliminary relief from the court of competent jurisdiction to protect its rights or property pending the completion of arbitration. Should either party file an action contrary to this provision, the other party may recover attorney’s fees and costs of responding to such action.
- a) A party may terminate the Agreement on thirty (30) days’ written notice if the other party materially breaches the Agreement and such breaching party fails to cure the breach within such notice period, provided that the cure period for breach of any of Customer’s payment obligations shall only be ten (10) days.
- Termination Liability. If the Agreement is terminated any time after the Effective Date of the Agreement but prior to the expiration of the Term, except if terminated by Customer pursuant to Section 2 or 6 (termination) above, Customer shall pay to TecInfo Communications, immediately upon demand, (i) all sums then due and unpaid plus (ii) an amount equal to the Minimum Monthly Fee times the number of months left in the Term. No termination liability will apply in the event the Agreement is terminated by Customer pursuant to Section 1 or 5 above; however, in such event Customer shall be responsible for payment of all charges incurred prior to the termination
- TecInfo Communications may from time to time suspend Service for routine maintenance or rearrangement. TecInfo Communications will give CUSTOMER a minimum of five (5) business days advance notification (via phone or email) of such maintenance and TecInfo Communications shall use best efforts to ensure that such maintenance shall not interrupt service to CUSTOMER and shall be performed between the hours of 11:30 PM to 6:00 AM or Sundays between the hours of 12AM to 8:30AM local time, except in cases where emergency maintenance is necessary and unavoidable. TecInfo Communications may amend or modify Services provided such modifications do not materially effect, interrupt, or increase the cost of such Services with thirty (30) days written notice to CUSTOMER. In the event of a need for emergency repairs as much notice as practicable will be given. Both parties shall provide the other party (and revise as necessary) a list of contacts for maintenance and escalation purposes. TecInfo Communications will maintain a point-of contact for CUSTOMER to report degradation or interruption in Service (“Service Outage”) to TecInfo Communications twenty-four (24) hours a day, seven (7) days a week. When CUSTOMER believes that a Service Outage has occurred, CUSTOMER must contact TecInfo Communications’ Network Operations Center (“NOC”) at 662.686.9009 and listen to prompts for emergency contact, to identify the Service degradation and initiate an investigation of the cause of the Service Outage (“Trouble Ticket”). If TecInfo Communications becomes aware of service degradation, TecInfo Communications will contact CUSTOMER to determine whether a Trouble Ticket should be initiated. Once the Trouble Ticket has been opened, the appropriate TecInfo Communications personnel will initiate diagnostic testing and isolation activities to determine the source and severity of the degradation in Service. If there is a Service Outage, TecInfo Communications and CUSTOMER will cooperate to restore Service. A Service Outage ends when the affected Service is fully operative. In the event of a Service failure or outage, TecInfo Communications agrees to have repair personnel working to restore the affected Services within two (2) hours after receiving notification of the outage or failure by the CUSTOMER, or when first noticed by the TecInfo Communications.
- EQUIPMENT. Any and all equipment furnished by TecInfo Communications shall remain its property and shall be returned to TecInfo Communications on expiration or termination of the Agreement or as earlier requested by TecInfo Communications, in good condition, reasonable wear and tear excepted. Customer shall reimburse TecInfo Communications for any loss of, or damage to, TecInfo Communications facilities or equipment on the Customer’s premises, except loss or damage caused by TecInfo Communications’ own employees, agents or
- The quality of service provided hereunder shall be consistent with common carrier industry standards, Government regulations and sound business practices. TecInfo Communications makes no other warranties about the service provided hereunder, expressed or implied, including but not limited to, any warranty of merchantability or fitness for a particular purpose. TecInfo Communications does NOT authorize anyone to make a warranty on TecInfo Communications behalf and the customer may not rely on any statement of warranty as a warranty of TecInfo Communications.
- INDEMNIFICATION AND LIMITATION OF LIABILITY. In no event shall either party (or its Affiliates, Employees, Officers, Directors, or Agents) be liable to the other party for any indirect, special, incidental, consequential or exemplary damages, including, without limitation, damages for loss of revenue, loss of profits, or loss of customers, clients or goodwill arising in any manner from the agreement and/or the performance or nonperformance hereunder. This does not limit customer’s responsibility for the payment of any and all properly due charges. This section shall survive failure of an exclusive or limited remedy and termination of the agreement.
- FORCE MAJEURE. In the event that either party’s performance under this Agreement is delayed, prevented, obstructed, or inhibited because of any act of God, governmental action or any other cause beyond such party’s reasonable control (“Force Majeure Event”), such party will not be in default of this Agreement; provided, however, such party shall exercise commercially reasonable efforts to perform in spite of the Force Majeure Event. In the event of a Force Majeure Event, which materially impacts performance for ten (10) days or more (“Extended Delay”), either party may terminate the affected Services without penalty or further obligation upon written notice to the other party. During a Force Majeure Event, all payment obligations shall abate with respect to the impacted Services.
- COMPLIANCE WITH LAW AND GOVERNING AUTHORITY. a) Each party shall comply with all applicable laws, regulations, court decisions or administrative rulings regarding the provision or use of the Services. Without limiting the foregoing, all customers that utilize the Services for the purpose of making telephone solicitations must comply with the national do-not-call requirements, including the rules as set forth in 47 C.F.R. Section 64.1200 and 16 C.F.R. Part 310. Failure to do so shall constitute a material breach of the Agreement. b) This Agreement is subject to all applicable federal, state and local laws, and regulations, rulings, orders, and other actions of governmental agencies. It is agreed that this Agreement is being executed by TecInfo Communications within the State of Mississippi, has become effective within the State of Mississippi, and therefore shall be governed by and construed in accordance with the laws of the State of
- CHANGE IN LAW. If any government statute or regulation or order by a court of law or regulatory authority directly (a) prohibits performance under this Agreement, (b) makes such performance illegal, impossible or impractical, or (c) effects a change which has a material adverse impact upon either party’s performance of its obligations under this Agreement, then the parties will use all reasonable efforts, to either (1) revise or amend such conflicting statute or regulation or order by a court of law or regulatory authority or (2) revise the Agreement so that (a) performance under the Agreement is no longer prohibited, illegal, impossible or is no longer impacted in a material adverse fashion, and (b) the Agreement is revised in a manner that preserves, to the maximum extent possible, the respective original intent of the parties. Each party will endeavor to provide reasonable notice to the other party as to any proposed law, regulations or any regulatory proceedings or actions that could affect the rights and obligations of the parties under this Agreement. If the parties are unable to revise the Agreement in accordance with the above, then the party whose performance is rendered prohibited, illegal, impossible, impractical or is impacted in a material adverse manner shall have the right to, at its sole discretion, to cease performance of any such obligations or Services that are so prohibited, impossible, impractical or material and adversely affected without further obligation or liability upon thirty (30) days’ prior written notice to the other party (or less if required by law). The parties will continue to perform all such obligations and Services under this Agreement that are not so prohibited, impossible, impractical or material and adversely affected; provided if a material part of the rights and obligations under this Agreement are suspended in accordance with the above and the performance of the remaining obligations would not reasonably maintain the respective original intent of the parties or would not serve the essential purpose of this Agreement, then either party shall have the right to, at its sole discretion, to terminate this Agreement without further obligation or liability upon thirty (30) days’ written notice to the other
- All notices and communications under the Agreement shall be in writing and shall be given by personal delivery, by registered or certified mail, return receipt requested, or by facsimile transmission, addressed to the respective Party as set forth in the first page of the Agreement or to such other address as may be designated in writing by such Party. Notice shall be deemed given upon receipt.
- UNAUTHORIZED USE OF SERVICES. Customer, and not Tecinfo Communications, shall bear the risk of loss arising from any unauthorized or fraudulent usage of Services provided under the Agreement to Customer. TecInfo Communications reserves the right, but is not required, to take any and all action it deems appropriate (including blocking access to particular calling numbers or geographic areas) to prevent or terminate any fraud or abuse in connection with the Services, or any use thereof, provided, however, that any such action shall be consistent with applicable federal and state laws, rules, and
- SEVERABILITY OF PROVISIONS. The Agreement, including these Standard Terms and Conditions and all other schedules referenced in the Agreement or at http://www.tecinfo.net/terms-and-conditions and which are applicable to the Services purchased by the Customer, and any attached schedules signed by both parties, represents the entire agreement of the Parties with respect to the subject matter hereof and supersedes all other agreements, written or oral, between the Parties relating to the Service. Any modification to this Agreement shall be in writing signed by authorized representatives of both Parties. In case of any conflict between the provisions of these Standard Terns and any schedule (including any Additional Terms), the provisions of these Standard Terms shall take precedence unless otherwise indicated in the signed attached schedule. This Agreement and any amendment of the terms hereof, may be signed in counterparts, each of which shall constitute an original and all of which together shall constitute one and the same instrument.
- WAIVER: No term or provision herein shall be waived, and no breach or default excused, unless such waiver or consent is in writing and signed by the Party to which it is attributed. No consent by a Party to, or waiver of, a breach or default by the other, whether expressed or implied, shall constitute a consent to or waiver of any subsequent breach or default.
- CPNI. : Under federal law, Customer has the right, and TecInfo Communications has a duty, to protect the confidentiality of information about the amount, type, and destination of Customer’s service usage (CPNI). Customer hereby consents to the sharing of Customer’s CPNI or other personal information with TecInfo Communications, LLC and its affiliates, agents and contractors, solely for the purpose of developing or bringing to Customer’s attention any products and services, or in the event of any merger, sale of some or all of the company assets or acquisition as well as in any insolvency, bankruptcy or receivership proceeding in which CPNI or other personal information would be transferred as one of the business assets of the company. This consent survives the termination of Customer’s Service and is valid until revoked by Customer. To remove this consent at any time, Customer must notify TecInfo Communications in writing at 601 N. Deer Creek E., Leland, MS 38756 Attn: Customer Service and provide the following information: (1) Customer name, (2) Service billing address,
- Neither party may assign its obligations under this Agreement without the prior written consent of the other party; such consent not to be unreasonably conditioned, delayed or withheld. Either party may, however, assign its rights hereunder to an affiliate or a company which purchases all or substantially all of its assets (“Assignee”) without the consent of the other party, but with no less than thirty (30) days’ prior notice to the non-assigning party; provided that the Assignee agrees to be bound by all the terms and conditions of this Agreement, including the Assignee’s agreement to cure all prior defaults of the assigning party under this Agreement.