CUSTOMER SERVICE AGREEMENT
Franklin Telephone Company, Inc., hereinafter at times referred to as the “Company” or “FTC”, provides services (“the Services”) to you in accordance with the terms and conditions set forth in this Service Agreement. The “Service Agreement” means the terms and conditions contained herein below, and all terms and conditions posted at www.franklintelephone.com relating to the manner in which we provide the Services, such as the rate plans, access charges, fees, taxes and surcharges,the terms of which are fully incorporated into this Agreement and shall survive the termination of this Agreement, including, but not limited to, the Domestic International Service Price List and Tariff.
TERMS AND CONDITIONS OF USE
You accept and agree to be bound by this Service Agreement by doing any of the following: (a) by agreeing in writing, by email, online or in person; or (b) by activating, using, logging in or paying for the Service(s). When you accept this Service Agreement, you are representing that you are at least eighteen (18) years old and legally able to accept a binding contract. If you are accepting for an entity, you are representing that you are authorized to bind that entity. You agree that you are responsible for access to or use of the Services, and payment of all charges incurred on your Account by any user of the Services. By accepting, you agree to each and every term and condition contained in the Service Agreement.
Failure to act in accordance with such terms, expectations and conditions shall result in the immediate cancellation of your service, as well as possible legal action by the Company to recover any and all damages directly or indirectly incurred by the Company because of such failure by you. 1. You agree that you have read and understood the separate “Acceptable Use Policy,” also contained at http://www.franklintelephone.com, which is incorporated by reference. You agree to abide by the guidelines. You agree that your account may be terminated if you do not follow the guidelines. 2. You agree to use the Services for only lawful purposes. You understand you may not transmit or store any information, data, or material in violation of US federal or state regulation or law. This includes, but is not limited to, material protected by copyright, trade secret, or any other statute, threatening material, or obscene material. 3. You understand that messages and data sent to destinations outside the United States must satisfy Department of Commerce regulations (either be within the GTDA guidelines for information which may generally be transmitted or have the required license). 4. You agree that the Services account cannot be transferred by you or used by anyone other than yourself. Account sharing is strictly prohibited. No more than one login session can be active at a time by the subscriber. Accounts which have been transferred to other parties, or show other activity in violation of this paragraph, are subject to
immediate termination. You agree not to resell, relicense or redistribute FTC’s Internet connection service to any individual, company or organization. 5. You agree that FTC is not responsible in any way for any information you may read, view, or retrieve while using the Services. FTC is not responsible for the content, accuracy, character, or attributes of any information. Information includes, but is not limited to, screen displays, data and text files, graphics files, and programs or executable files.
ACCOUNT SUSPENSION, CANCELLATION, CHANGE OR TERMINATION
1. You agree that the Company has the right to delete all data, files, or other information stored on FTC’s storage devices in your account, if your account is terminated, for any reason, by yourself or by the Company. 2. You agree the Company may cancel the Services at any time by sending written notice to your last known mailing or billing address. 3. You agree that you may cancel the Services by calling FTC or informing it in writing. You understand that if you cancel Service after you have accepted this Agreement and after FTC has begun installation necessary to provide services to you, or prior to the expiration of the term of service you agreed to, you may be charged a fee of Three Hundred Dollars ($300) in addition to any other damages caused by your early termination of the agreement. For month to month services, you agree that you may be responsible for the service fee for the month in which you disconnect. 4. You agree the Company has the right to suspend your service at any time, for any reason, without notice. If such a suspension is to last for more than 30 days, you will be notified as to the reason. 5. You agree that the first month’s service fee will be prorated from the date of activation through month end. First bill will include prorated charge of activation month and full charge of current month. 6. You agree that the charge for use may be changed from time to time upon prior notice to you. 7. You agree that account balances that are unpaid by the due date as shown on your monthly statement will be assessed a $4.25 late fee. 8. You agree that all return checks or drafts will have a $31.20 charge applied. Notations made on checks or accompanying material will not secure your rights. 9. You acknowledge and agree that the Company may from time to time, use other companies, including but not limited to affiliates and/or sister company with or without notice to you and provide any and/or all parts of the internet service covered by this agreement and to the extent of such provision all other entities are covered by and held harmless to the full coverage and protection of the provisions of this agreement, including but not limited to the provisions related to release, indemnifications and limitations of damages.
EQUIPMENT. You understand and acknowledge that, for Company to provide the Services, certain Equipment must be provided to you at the physical address where the Service will be provided and as specified on the reverse hereof (the “Premises”). You acknowledge that the Equipment requirements are subject to change depending upon the specific installation environment provided by You, and Company makes no representation or warranty that additional Equipment will not be needed. You agree to maintain in good working condition and repair, at your sole cost and expense, the Equipment requirements for each Service provided by Company. Company will install or arrange for the installation of the Equipment at the Premises. You agree to provide an installation environment and electrical and telecommunications connections as provided for in any applicable supplier or manufacturer installation manual or as otherwise specified by the supplier or manufacturer of the Equipment. The Equipment may only be used in the Premises, and You acknowledge that you may not remove, relocate or reinstall the Equipment at a location other than the Premises. You acknowledge that you are responsible for loss, repair and replacement of the Equipment. Upon termination of this Agreement, You shall return and/or provide Company the ability to remove the Equipment from the Premises. For unreturned or unrecoverable Equipment, You will pay Company the current market price of the Equipment.
RIGHT OF WAY EASEMENT. For and in consideration of FTC providing the Services set forth herein, you grant FTC a perpetual right-of-way and easement to lay, construct, place, repair, operate, test, maintain, improve, replace, remove, in whole or in part, as FTC may from time to time require, one telecommunications system and all appurtenances or appliances necessary or useful in carrying signals, voices, data, pictures, images and other information in any form of any kind or nature which can now or may hereafter be capable of being carried over a telecommunications system (said systems consisting of underground fiber optics, digital systems, cables, splice boxes, conduits, wires, surface testing terminals, manholes, markers, and other appurtenances and appliances) (hereinafter, collectively referred to as the “System”) under a strip of land five feet (5′) wide across your property, together with the right of reasonable ingress and egress to and from said easement by FTC and its authorized representatives for the purposes set forth herein. The consideration herein paid includes all damage which may be caused on the easement from the construction of the System. FTC is further granted the right to sell, assign, transfer, and/or convey to others the rights granted herein.
The Services purchased by you under this Service Agreement may be provided by FTC or any of its affiliates. If you are purchasing multiple categories of Services under this Service Agreement or another
agreement, then your Customer Proprietary Network Information (as defined in 47 U.S.C. § 222(h)(1)) will be shared between FTC and its affiliates as necessary to provide all the categories of Services ordered by you as permitted by 47 C.F.R. § 64.2005(a)(1). Customer Proprietary Network Information (CPNI) is information created by virtue of your relationship with FTC. This information includes: services purchased (including specific calls you make and receive), related local and toll billing information, the type, destination, technical configuration, location and amount of use of purchased services.
WARRANTY AND LIABILITY
1. You agree to indemnify, release, and hold harmless the Company from any claims or damages resulting from use of the Services. 2. No warranty is made by the Company regarding any information, services or products provided through, in connection with, or located on the computer systems of the express access service or other services provided by the Company, and the Company hereby expressly disclaims any and all warranties, including without limitation: 1) any warranties as to the availability, accuracy, or content of information product, or services; and 2) any warranties of merchantability or fitness for a particular purpose. 3. Any liability of the Company, including without limitation any liability for damages caused or allegedly caused by any failure of performance, error, omission, interruption, deletion, defect, delay in operation or transmission, communications line failure, theft or destruction of or unauthorized access to, alteration of, or use of records, whether for breach of contract, tortuous behavior, negligence, or under any other cause of action, shall be strictly limited to the amount paid by or on behalf of the subscriber to the Company for the current month. 4. In addition to and without limiting all other terms and conditions of your Service Agreement, by using the Services, you agree and acknowledge that the Internet is a public network and that FTC does not have any means by which to control or regulate the use of such network by others. You assume all risks of intrusion or infiltration into your computer or computing system, including without limitation, sabotage, destruction of files, damage or alteration of software or of the components of your computer or computing system, fraud, theft, loss of data, invasion of privacy, and use of your computer or computing systems by third parties to intrude upon or infiltrate any other computer or computing system for such purposes. Further, by using the Services you agree to release and indemnify and hold harmless FTC against any and all claims related to such risks. 5. You do not acquire any property or contractual rights in or to any electronic mail or web site address assigned to you by the Services. FTC reserves the right to change any address assigned to you as it deems necessary in its sole discretion without liability to you for damages of any type, including without limitation, consequential
damages. YOU ARE SOLELY RESPONSIBLE FOR ALL USE AND ANY MISUSE OF YOUR THE SERVICES ACCOUNT, REGARDLESS OF WHETHER SUCH USE IS AUTHORIZED BY YOU, AND YOU FURTHER AGREE TO INDEMNIFY AND HOLD HARMLESS FTC FROM ANY AND ALL LOSSES, DAMAGES AND COSTS, INCLUDING ATTORNEYS FEES, ARISING FROM OR RELATED TO USE OF YOUR THE SERVICES ACCOUNT IN VIOLATION OF THIS ACCEPTABLE USE POLICY OR THE SERVICE AGREEMENT. COMPANY HAS NO OBLIGATION TO MONITOR ANY ELECTRONIC COMMUNICATION, INCLUDING ELECTRONIC MAIL, TRANSMITTED OR STORED ON THE SERVICES. HOWEVER, YOU AGREE THAT COMPANY HAS THE RIGHT TO MONITOR THE SERVICES ELECTRONICALLY FROM TIME TO TIME AND TO DISCLOSE ANY INFORMATION AS NECESSARY TO SATISFY ANY LAW, REGULATION OR OTHER GOVERNMENTAL REQUEST, TO OPERATE THE SERVICES PROPERLY, OR TO PROTECT ITSELF OR ITS SUBSCRIBERS. COMPANY WILL NOT DISCLOSE ANY PRIVATE ELECTRONIC-MAIL MESSAGE UNLESS REQUIRED BY LAW. THE COMPANY RESERVES THE RIGHT TO REFUSE TO POST OR TO REMOVE ANY INFORMATION OR MATERIALS, IN WHOLE OR IN PART, THAT, IN ITS SOLE DISCRETION, ARE UNACCEPTABLE, UNDESIRABLE, OR IN VIOLATION OF THIS AGREEMENT.
This Service Agreement shall be governed by and construed in accordance with the laws and statutes of the State of Mississippi without regard to its conflicts of laws principles.
You acknowledge and agree that use of the Services or the Internet pursuant to this Service Agreement and/or any controversy or claim arising out of or relating to this Service Agreement or the breach thereof touches and concerns interstate commerce. You further agree that any controversy or claim arising out of or relating to this Service Agreement or the breach thereof shall be submitted to binding arbitration at a mutually agreeable site in Mississippi, or if no site can be agreed upon, then in Jackson, Mississippi. Such arbitration shall be binding upon both you and the Company and shall be conducted under the rules of the American Arbitration Association (AAA), including selection of the arbitrator(s), which shall be accomplished in accordance with the rules of the AAA. The prevailing party in such arbitration shall be entitled to recover the costs of such arbitration from the other party, including reasonable attorneys’ fees. The arbitrator(s) shall provide a written explanation of any decision, citing the facts and any applicable law upon which such decision is based. Judgment on the award rendered by the arbitrator(s) may be entered in any court having jurisdiction thereof.
AGE OF CUSTOMER
If you are less than 18 years old, you must have the permission of your parent or guardian before logging onto the Services. If you do log on, you represent that you have such permission, you agree to be bound by the terms hereof, and that your parent or guardian promises on your behalf to be bound by this service agreement and acceptable use policy. The use of the the Services Service is subject to the provisions of the Service Agreement and Acceptable Use Policy contained at http://www.franklintelephone.com at the time of each log-on, as amended from time to time by FTC in its sole discretion. Revised 1.27.22