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GENERAL TERMS AND CONDITIONS

1.	Agreement Formation, Interpretation, Renewal, Change, Termination and Promotions
	1.1	Integration. Service furnished by the Company is governed exclusively by the Service Request, whether signed in written or electronic form, as supplemented by Service-Specific Terms and Conditions and these General Terms and Conditions of Service, both of which may be modified from time to time by the Company and bind the customer (collectively, the “Agreement”), effective with publication on the Company’s website. In all events, Customer’s use or receipt of service establishes Customer’s obligation to be bound as though the Customer had entered a written agreement, even if none ever existed or if the written Agreement had expired.
	1.2	Order of Precedence. If there is an inconsistency between a term in the Service Request and a term in the Service-Specific Terms and Conditions and/or in these General Terms and Conditions of Service, the inconsistency will be resolved by applying the following order of precedence, beginning with the controlling term: (a) the term or condition in the signed Service Request; (b) the service-specific term or condition; and (c) the general term or condition.
2.	Customer Responsibilities.
	2.1	Compliance with Law. Customer will use service only for lawful purposes and in compliance with applicable laws and regulations.
	2.2	Resale. A Customer purchasing service for resale must transact/interact with its customers without reference to the Company or any of its affiliates, unless Company agrees otherwise in writing.
	2.3	Customer Modifications. Customer may not rearrange, disconnect, remove, modify, or attempt to repair service, or permit others to rearrange, disconnect, remove, modify, or attempt to repair service, without the prior written consent of Company.
	2.4	Customer-obtained Facilities; Interconnection; Security; Site Access; and Customer Information.
		2.4.1	Customer-Obtained Facilities. Customer is responsible for obtaining, installing, and maintaining all equipment, software, wiring, power sources, telephone connections and/or communications services (“Facilities”) necessary for interconnecting with service . Customer is responsible for ensuring that such Facilities are and remain compatible with service. Company is not responsible for the availability, capacity and/or condition of any Facilities provided by third parties. Customer hereby grants to Company all licenses, waivers, consents, or registrations necessary to deliver, install, and maintain Company-provided equipment on Customer premises.
		2.4.2	Interconnection. Customer is responsible for taking all steps necessary to interconnect service at its own premises or those of a user authorized (explicitly or implicitly) by Customer (“Authorized User”), including (a) payment of costs associated with interconnection and with Customer or Authorized User personnel; (b) securing rights-of-way and furnishing electrical power, heating, ventilating and cooling; (c) obtaining, installing and maintaining all equipment, materials and supplies necessary to interconnect the equipment or communications system of Customer or Authorized User; (d) securing all licenses, permits, and other arrangements necessary for interconnection; (e) ensuring that equipment and/or systems are properly interfaced with Service and that emitted signals: (i) are of the proper mode, band?width, power, data speed and signal level for the intended use, (ii) comply with the criteria set forth in the Agreement relating to equipment, and (iii) do not damage Company facilities, injure its personnel, or degrade service to other customers.
	2.5	Security. Customer, at its expense, will take all reasonable steps necessary to preserve and protect Company-provided equipment, software, data and systems located on Customer’s or Authorized Users’ premises, or otherwise in Customer’s or an Authorized User’s control and used in connection with Service, whether owned by Customer, Authorized User, Company, or a Company affiliate or subcontractor.CUSTOMER IS RESPONSIBLE FOR ANY MISUSE OR ABUSE OF SUCH COMPANY-PROVIDED EQUIPMENT< SOFTWARE< DATE AND SYSTEMS AND SHALL PAY THE COMPANY EITHER TO REPAIR OR REPLACE ANY ABUSED OR MISUSED EQUIPMENT, SOFTWARE, DATA OR SYSTEMS.Customer acknowledges and agrees that Company will not be liable, legally, for any loss resulting from any unauthorized access to, alteration of, or use of Facilities used in connection with Service.
	2.6	Customer Site Access. Customer agrees to allow Company and its affiliates or subcontractors access to Customer or Authorized User premises at which Service is being or will be provided (including access to associated equipment). Company may upon reasonable notice: (a) require that Service be made available for inspection, testing or adjustment so that it can be maintained in a satisfactory condition. During any period of such inspection, testing or adjustment of Service, no service credit will be given for the time during which Service was unavailable to Customer; or (b) undertake inspections or testing as may be necessary to determine whether the requirements of the Agreement are being satisfied in connection with the installation, operation or maintenance of Service. Company may suspend or discontinue the provision of Service at any time without liability to Customer if Customer or Authorized User fails or refuses to comply with these inspection, testing or adjustment requirements.
	2.7	Customer Information. Customer must furnish Company with all information needed by Company to install, maintain, change or remove Service including, without limitation, circuit installation and disconnection authorization information.
3.	Trademark/Servicemark/No Publicity. Neither Company nor Customer may, without the other party’s prior written approval: (a) use any service mark or trademark of the other party; or (b) refer to the other party in connection with any advertising, promotion, press release or publication.
4.	Service Delivery and Limitations.
	4.1	Interconnection with others. Company may provide Service through interconnection with service(s) or facilities provided by others.
	4.2	Facilities Used for Service. Company has the sole and exclusive right to choose the facilities employed to provide Service. Company may at any time substitute facilities used to provide Service, or it may substitute comparable service for the Service being provided to Customer.
	4.3	Availability of Facilities. Company offers and furnishes Service subject to the availability of required facilities. Company may: (a) deny Customer Service requests or discontinue Service in whole or in part and thereby limit or allocate service among customers; or (b) limit or allocate the Facilities available for Service in general or to particular customers, if necessary, in order to: (i) manage its network in an efficient manner (including by avoiding technical, operational or security problems); (ii) meet reasonable customer service expectations; or (iii) furnish Service to existing and future customers based on current and projected available capacity, taking into account forecasted customer requirements. Company may suspend or terminate Service upon notice to Customer whenever Company deems it to be necessary because of circumstances beyond Company’s control, including situations involving customer traffic volumes or patterns that result, or could result, in Company network blockages, degradation of service furnished to Customer or to other customers, or Company’s inability to bill to it’s reasonable satisfaction for Service provided.
	4.4	Call Blocking, Service Suspension, and Network Control. Without notice, Company may block calls or connectivity to or from certain domain names, realms, customers, locations, addresses, countries, country codes, cities, city codes, NPA and NXX exchanges, individual telephone stations, groups or ranges of individual telephone stations or calls that use certain authorization codes, whenever Company deems it appropriate to take such action to prevent: (a) the unlawful use of Service; (b) fraud; (c) nonpayment for Service; (d) the use of Service in violation of the requirements of the Agreement; or (e) Company network blockage or the degradation of service furnished to Customer or to other customers; or when actions taken by foreign governments or foreign telecommunications agencies, or responsive actions taken by the U. S. Government or any instrumentality thereof, render it impossible or impracticable to provide Service. As soon as Company determines it can do so without undue risk, Company will unblock and, upon request by an affected Customer, assign new authorization codes (as applicable) to replace any that were deactivated.
5.	Term.
	5.1	Length of Commitment. Unless otherwise specified in the Agreement, Customer will receive Service on a month-to-month basis, and either Company or Customer may terminate Service on one month’s prior notice.
	5.2	Minimum Service Period. Except as otherwise specified in the Agreement, Service is furnished and billed on the basis of a minimum period of one month, beginning on the date Service is first made available to Customer.
6.	Taxes.
	6.1	Company’s rates and charges for Service are exclusive of all taxes and do not include:
		6.1.1	applicable federal, state, local, and foreign sales, use, excise, utility, gross receipts and value added taxes;
		6.1.2	any tax imposed by an authority on the benefits of a promotion offered by Company involving services or goods of a third party;
		6.1.3	other taxes;
		6.1.4	tax-like charges to recover amounts Company is required or permitted by a governmental or quasi-governmental authority to collect from others or pay to others in support of statutory or regulatory funds or programs;
		6.1.5	other tax-like charges; and
		6.1.6	a tax-related surcharge imposed on all charges (net of bad debts) for outbound Service originating in, or inbound Service terminating in, a jurisdiction which levies, or asserts a claim of right to levy:
			6.1.6.1	a gross receipts tax, a license tax, or other tax-like charge on Company's operations in that jurisdiction based on Company's gross receipts, revenues or operations in that jurisdiction; or
			6.1.6.2	a tax on interstate access charges incurred by Company for access to telephone exchanges in that jurisdiction based on the amount paid for interstate access charges in that jurisdiction; or
			6.1.6.3	an ad valorem tax on Company property located in that jurisdiction and used to provide interstate or international Service, based on Company’s property located in that jurisdiction and used by Company to provide interstate or international Service, the amount for which is derived by multiplying the ratio of interstate plus international revenue in the jurisdiction’s state to total revenue in that state times total ad valorem taxes imposed on Company in that state during the current calendar year.
	6.2	All taxes, tax-like charges and the tax-related surcharge are referred to collectively as "Tax(es)." Company may elect to impose and collect such Taxes, unless otherwise constrained by court order or direction. Customer agrees to pay all Taxes imposed. If Company has collected Taxes and a challenged Tax is found to have been invalid and unenforceable, and if the amounts collected were retained by Company or delivered over to the jurisdiction and returned to Company, Company, in its sole discretion, may (a) reduce Service rates for a fixed period of time in the future in order to flow-through to customers an amount equivalent to the amounts collected, (b) credit or refund such amounts to affected customers (less its reasonable administrative costs), or (c) negotiate an arrangement with the jurisdiction to provide a future benefit for customers in that jurisdiction.
	6.3	Taxes based on Company's net income will be Company's sole responsibility.
7.	Payment Terms.
	7.1	Service Charges. Customer will pay Company or any entity designated by Company as its collection agent all charges for Service furnished to Customer or any Authorized User, including any applicable underutilization or early termination charges. Customer’s responsibility for payment is not changed by virtue of any use, misuse, or abuse of Customer's Service or Customer-provided systems, facilities or services interconnected to Customer's Service, by third parties including, without limitation, Customer's employees or other members of the public. Customer is responsible for paying at the rates and charges in effect on the date invoice calculations are made.
	7.2	Payment Period. Invoices are due and payable in U.S. dollars within thirty (30) days of the invoice date. If Company becomes concerned at any time about the ability of a Customer to satisfy its payment obligation, Company, in its sole discretion, may require that Customer pay its invoices within a shorter time period. A 1.5 percent fee is applied to unpaid balances after the sixteenth day of each calendar month.
	7.3	Security Deposits. Company may require at any time that Customer or prospective customers whose financial condition is either unknown or unacceptable to Company provide a security deposit to Company. The amount of the security deposit will not exceed three (3) times the monthly charges for service. Company at any time also may require Customer or a prospective customer to provide such other assurances of, or security for, payment as Company may deem necessary including, without limitation, advance payments, third party guarantees, pledges or other grants of security interests in Customer’s assets, and other similar arrangements. At Company’s election, a deposit may be refunded by crediting it to Customer's account at any time. Company may refuse to accept or process Service requests if the Customer’s account with Company is past due.
	7.4	Installation Charges. All installation charges assume installation at normal locations under normal working conditions and normal time intervals. Any installation made under other circumstances may be subject to additional charges.
	7.5	Service Credits.
		7.5.1	No Credit. No credit will be given for service interruptions: (a) caused by the negligence of Customer or an Authorized User; or (b) due to the failure of power, equipment, systems, facilities or services not provided by Company.
		7.5.2	Interruption Period. Credit will only be provided when requested by the Customer. For interrupted service, an interruption period begins when the Company receives notification that Service has been interrupted and Service has been released for testing and repair, and the period ends when Service is restored. If Customer reports that Service has been interrupted, but refuses to release it for testing and repair, the Service will be deemed to be impaired but not interrupted for crediting purposes.
		7.5.3	Use of Alternative Service. If Customer elects to use an alternative service after a Service interruption has occurred, or during a period when it is unable to use Service, Customer is responsible for paying the charges for the alternative service used and will not be reimbursed by Company other than via the appropriate credit as set forth in the Agreement.
8.	Service Termination or Suspension.
	8.1	Termination for Cause. Either party may terminate the Agreement for Cause. Except for failure to pay as specifically provided by in the following Section 8.2, “Cause” means a breach by a party of any material provision of the Agreement that is not cured within thirty (30) days after delivery of written notice by the other party.
	8.2	Termination by Company. If Customer fails to pay an invoice within thirty days of invoice date, Company may issue a notice of default. If Customer has not fully paid all undisputed invoices within seven days of the default notice, such nonpayment is considered “Cause” for termination, and Company may discontinue Service and/or terminate the Agreement immediately without any further notice. In addition, Company may discontinue Service and/or terminate the Agreement immediately upon notice to Customer: (a) if Customer fails, after Company’s request, to provide a bond or security deposit; or (b) if Customer provides false information to Company regarding Customer’s identity, creditworthiness, or its planned use of Service. Company may discontinue Service immediately, and without notice, if interruption of Service is necessary to prevent or protect against fraud or otherwise protect Company's personnel, facilities or services.
9.	Information Security.
	9.1	Confidential Information. During the term of a Agreement and continuing for a period of three years from the termination of that Agreement, each party shall protect as confidential, and shall not disclose to any third party, any Confidential Information received from the disclosing party or otherwise discovered by the receiving party during the Term of the Agreement, including, without limitation, the pricing and terms of the Agreement, and any information relating to the disclosing party's technology, business affairs, and marketing or sales plans (collectively the "Confidential Information"). The parties shall use Confidential Information only for the purpose of the Agreement. The foregoing restrictions on use and disclosure of Confidential Information do not apply to information that: (a) is in the possession of the receiving party at the time of its disclosure and is not otherwise subject to obligations of confidentiality; (b) is or becomes publicly known, through no wrongful act or omission of the receiving party; (c) is received without restriction from a third party free to disclose it without obligation to the disclosing party; (d) is developed independently by the receiving party without reference to the Confidential Information; or (e) is required to be disclosed by law, regulation, or court or governmental order.
10.	Content Disclaimer. Company exercises no control over and has no responsibility for the accuracy, quality or any other aspect of any Content accessed or transmitted through the Internet, Network, Service Equipment or a Service. Customer accesses, uses, discloses or transfers any Content at its own risk. “Content” means anything that can be accessed or transmitted, actively or passively, including any form of information, audio, image, computer program or other functionality.
11.	Disclaimer of Warranties. Except as otherwise specifically set forth in the Agreement, Company makes no warranties, express or implied, as to any Service, related products, equipment, software or documentation. Company specifically disclaims any and all implied warranties, including without limitation any implied warranties of merchantability, fitness for a particular purpose, or title or noninfringement of third party rights.
12.	Limitation of Liability. The total liability of Company to Customer in connection with the Agreement, for any and all causes of actions and claims including, without limitation, breach of contract, breach of warranty, negligence, strict liability, misrepresentation and other torts, is limited to the lesser of: (a) direct damages proven by Customer; or (b) the amount paid by Customer to Company under this Agreement for the one month period prior to accrual of the cause of action for which liability is claimed. Nothing in this Section 12 limits the Company’s liability: (i) in tort for its willful or intentional misconduct; or (ii) for bodily injury or death proximately caused by Company’s negligence; or (iii) loss or damage to real property or tangible personal property proximately caused by Company’s negligence.
13.	Disclaimer of Certain Damages. Neither party is liable to the other for any indirect, consequential, exemplary, special, incidental or punitive damages, including without limitation loss of use or lost business, revenue, profits, or goodwill, arising in connection with the Agreement, under any theory of tort, contract, indemnity, warranty, strict liability or negligence, even if the party knew or should have known of the possibility of such damages.
14.	Assignment. Neither party may assign the Agreement or any of its rights under the Agreement without the prior written consent of the other party, which consent shall not be unreasonably withheld; provided that Company may assign the Agreement to an affiliate or successor without Customer’s written consent.
15.	Governing Law. The Agreement is governed by the laws of the State of Georgia without regard to its choice of law principles.
16.	Force Majeure. Except for credits for Service interruptions provided for in Section 7.5, the Company will not be liable for any failure of performance due to causes beyond its control, including without limitation acts of God, terrorism, fires, floods or other catastrophes; national emergencies, insurrections, riots or wars, strikes, lockouts, work stoppages or other labor difficulties.
17.	No Waiver, Severability and Remedies.
	17.1	No Waiver. Neither Company’s nor Customer’s failure, at any time, to enforce any right or remedy available in the Agreement will be interpreted as a waiver of such party’s right to enforce each and every provision of the Agreement in the future.
	17.2	Severability. All provisions of the Agreement are severable, and the invalidity or unenforceability of any provision will not affect the validity or enforceability of the remaining provisions. The remaining provisions will be interpreted in such a manner as to carry out the full intention of the parties.
	17.3	Remedies. All remedies set forth in the Agreement are cumulative. Use by a party of one remedy may not be construed as its waiver of any other remedy.
18.	Interpretation.
	18.1	Defined terms include the plural as well as the singular and words in one gender include both genders.
	18.2	A reference to: (a) any party includes its successor(s) in title and permitted assignees; (b) a "person" includes any individual, firm, body corporate, association or partnership, government or state (whether or not having a separate legal personality); and (c) any undertaking not to do any act or thing includes an undertaking not to permit the doing of that act or thing.
	18.3	Unless otherwise expressly stated, (a) the words “include” and “including” mean “including without limitation”; (b) the words “day,” “month,” and “year” mean, respectively, calendar day, calendar month and calendar year, and (c) the words “writing” or “written” mean preserved or presented in retrievable or reproducible form, whether electronic (except for voice mail) or hard copy.
	18.4	The word "or" means "and/or".
19.	Notice. All notices (including Customer’s notice of termination or disconnect), requests, or other communications (excluding invoices) under the Agreement must be in writing and either transmitted via overnight courier, electronic mail, hand delivery or certified or registered mail, postage prepaid and return receipt requested to the parties at the following addresses. Notices will be deemed to have been given when received.
	To Customer: At Billing address				To Company: Ringgold Telephone Company PO Box 869, Ringgold, Georgia 30736



SERVICE-SPECIFIC TERMS AND CONDITIONS
1.	AgreementFormation, Interpretation, Renewal, Change and Termination
	1.1	Integration. Service furnished by the Company is governed exclusively by the Service Request, whether signed in written or electronic form, as supplemented by these Service-Specific Terms and Conditions and the General Terms and Conditions of Service, both of which may be modified from time to time by the Company and bind the customer (collectively, the “Agreement”), effective with publication on the Company’s website. In all events, Customer’s use or receipt of any service establishes Customer’s obligation to be bound as though the Customer had entered a written agreement, even if none ever existed or if the written Agreement had expired.
	1.2	Order of Precedence. If there is an inconsistency between a term in the Service Request and a term in these Service-Specific Terms and Conditions and/or in the General Terms and Conditions of Service, the inconsistency will be resolved by applying the following order of precedence, beginning with the controlling term: (a) the term or condition in the signed Service Request; (b) the service-specific term or condition; and (c) the general term or condition of service.
	1.3	AutomaticTerm Renewal.Upon the expiration of any service term, including the InitialService Term, an automatic twelve-month renewal term will takeeffect, unless the Customer elects to discontinue service andso notifies the Company at least 30 days prior to the expirationof his/her/its current service term.
	1.4	RenewalTerm Pricing and Price Changes. Any automatic renewal ofa service term shall result in the imposition of the servicerates and charges in effect at the end of the expired serviceterm. If the Company changes the rates and charges during a Customer'srenewal service term, the changed rates and charges will be applicableto Customer beginning on the date of their publication on thiswebsite.
	1.5	Cancellation Charge. If Customer cancels service prior to the completion of service installation and the beginning of the Initial Service Term, or if Customer terminates service within fourteen (14) days of the beginning of the Initial Service Term, Customer will be billed and required to pay, in addition to all other charges due and owing for service except for the applicable standard installation charge, an amount equal to $75.00, multiplied by the total number of hours expended by the Company in installing service.
	1.6	Early Termination Charge. If Company terminates service for cause, or if Customer terminates service for convenience, after the beginning of the Initial Service Term and before the expiration of said Initial Service Term or any renewal service term, the Customer will be charged, and required to pay, $100 for QuikServ DSL with RTC Internet or NexTV service. All leased modems and/or Set-top boxes must be returned, at Customer's cost, to the Company at 6203 Alabama Highway, Ringgold, Georgia 30736 immediately following service disconnection. If any equipment is not returned, or if returned equipment is damaged, the Customer will be charged, and required to pay, an additional $75 for each unreturned or damaged modem and $175 for each unreturned or damaged Set-top box.
	1.7	Promotions. From time to time, the Company will offer promotions designed to induce prospective Customers to subscribe to Company products offered on this website or to cause existing Customers to remain subscribed to such Company products.A promotional offer will describe the promotion, indicate the special pricing, credits or other benefits conferred, set forth the terms of availability and eligibility for the promotion, and establish other applicable conditions.To receive a promotion, an eligible Customer will be required to execute a special Company order form binding the Customer to the terms and conditions pertaining to the promotion, as well as execute a Service Request relating to the promoted product.

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