1. Service Agreement
*1.1. *The content, organization, graphics, design, compilation and other matters related to the TDS Site ["the Site"] are protected under applicable copyrights, trademarks and other proprietary rights. The copying, redistribution, use or publication by You of any such matters or any part of the Site, except as allowed under Section 1.3, is strictly prohibited. You do not acquire ownership rights to any content, document or other materials viewed through the Site or the Services.
1.2. TDS Telecom, TDS Metrocom and TDS Long Distance are the registered trademarks of TDS Telecommunications LLC. US LINK® is the registered trademark of U.S. Link, Inc. Other product and company names mentioned on the Site may be trademarks of those respective owners.
1.3. The viewing, printing or downloading of any content, graphic, form or document from the Site grants You only a limited, nonexclusive license for use solely by You for Your own personal use and not for republication, distribution, assignment, sublicense, sale, or preparation of derivative works.
1.4. TDS provides access to information, via the Internet, of all kinds relating to a wide variety of subjects on virtually any topic imaginable. Some of this material may be offensive, misleading, or controversial in nature. You might find some of this material offensive or inappropriate for You or for any minors who may be accessing the Internet through Your account. Please use good judgment when accessing the Internet, and supervise minors who may be using Your account. For more information on this topic, please see our Acceptable Use Policy.
*1.5. *TDS is continually updating and improving its Services as well as upgrading equipment to meet evolving technological standards used by the industry. These changes may occasionally cause degraded or interrupted services. TDS will make every attempt to communicate planned outages or interruptions through our notification process.
*1.6. *TDS may provide notice to You by the following methods: Electronic mail (email) addressed to Your email account; or by U.S. Mail or courier service at the address You provided TDS when You registered for the Service and general posting to TDS' Internet Web sites. The following is a list of current Web site addresses: For TDS Telecom: www.tdstelecom.com; www.tds.net TDS Metrocom: www.tdsmetro.com; www.tdsmetro.net; TDS Internet services: www.tds.net TDS Long Distance: www.tdstelecom.com. Unless otherwise stated in any such notice or communication, all notices or other communications to You shall be deemed effective on the first (1st) calendar day following the date of electronic mailing or posting or on the fourth (4th) calendar day following the date of first-class mailing or deposit with a commercial courier service. These are the only means of official communication recognized for the purpose of actively communicating with You regarding Your Service.
*1.7. *As a TDS customer, You are responsible for all activities that occur in relation to Your account. TDS provides You with a limited, non-exclusive license to user names and other specific account and network information related to the TDS Internet architecture. The responsibility for the use of those Services and any consequences of the use or abuse of those Services is Yours and Yours alone, whether this use was intentional or unintentional. Misuse or unlawful use of any equipment, Internet access or Services provided by TDS can result in the termination of some or all services at the sole discretion of TDS. Unless otherwise required under applicable law, including rules established by any state commission and/or the Federal Communications Commission (FCC). TDS is not required to provide Service to anyone for any reason, and reserves the right to terminate Service at any time.
1.8. Service is furnished subject to the condition that it will not be used for an unlawful purpose. Service will not be furnished if any law enforcement agency, acting within its jurisdiction, advises that such Service is being used or will be used in violation of the law, or if TDS receives other evidence that such Service is or will be used for such purposes.
1.9. You are responsible for the security of all Services provided by TDS. Because TDS holds You responsible for the activity on Your account, You will also be held responsible for actions on Your account performed by others who have acquired Your passwords or access to Your systems without Your knowledge.
1.10. With respect to each electronic mail address assigned to You, TDS reserves the right to deny delivery of any new email transmissions until Your electronic mail address information storage is reduced to below the maximum capacity. Refer to www.tds.net for product detail on email storage.
*1.11. *In order to maintain an account with TDS, you must be 18 years of age or older. By agreeing to these Documents, You certify You meet this minimum age requirement. Minors are permitted to use TDS Services with the express permission of a registered adult. The actions of that minor while using the account are the sole responsibility of the adult to whom the account is registered.
1.12. By using the Service You grant and authorize TDS the right to send data packets to Your IP address (the address assigned to Your computer or mobile device by TDS while You are online). These packets will be used to determine if Your computer or mobile device is vulnerable to common Internet attacks that may cause problems for You and for TDS. The packets will allow TDS to detect and log any potential vulnerability that may be exploited by hackers or viruses in junk email. The packets are in no way harmful to Your computer or mobile device. If TDS detects a vulnerability, our Customer Service Staff will contact You as soon as possible to ensure that Your configuration is remedied to remove this vulnerability. If You do not remedy the vulnerability to our satisfaction, TDS reserves the right, in its sole discretion, to suspend and/or terminate Your Internet access.
1.13. Bandwidth Usage – TDS reserves the right to impose limits on TDS internet customers with Excessive Bandwidth Usage via any means available to TDS. Excessive Bandwidth Usage, as defined by TDS, is usage that places an excessive burden on the TDS network, is above and beyond what is considered normal usage, and/or usage that can impair the TDS network and TDS’ ability to provide service to other TDS customers. For customers in the business offices listed below, click here. List of Specific TDS Business Offices: Oakman, AL; Quartzsite, AZ; Hornitos, CA; Hyden, KY; St. Stephen, KY; The Island, ME; Island, MI; Leakesville, MS; Stonewall, OK; North, SC; Norway, SC; Williston, SC; Salkum, WA.
2. Financial Responsibility
2.1. You agree to provide TDS with accurate and complete billing information including Your legal name, address, and telephone number. All changes to this information must be reported to TDS within 30 days of the change. Customer authorizes TDS to obtain credit and/or employment or trade information to verify creditworthiness.
2.2. You agree to pay TDS all fees and charges for the Service including but not limited to all applicable start-up fees, monthly or yearly usage fees (or other rate plan selected), early termination charges, late fees, invoice surcharges, cashiers check fees or other special money transfer fees, deposits, if applicable, or software purchases. Fees and rates established for TDS Long Distance are set forth at www.tdstelecom.com Otherwise, fees to be paid by You to TDS for the Service shall be established at the published rate and terms and by TDS Long Distance and local tariffs, where applicable. Setup fees are non-refundable. TDS Internet Customers will be issued pro rata refunds for monthly fees paid in advance only if such refunds are in excess of $20.00 and subject to any termination charges. Customer deposits plus any accumulated interest will be refunded to Customer upon or prior to termination of Service.
2.3. You agree to pay all sales and use taxes, duties, or levies which are required by law as well as all attorney and collection fees arising from efforts to collect any unpaid balance on Your account. TDS shall have the right to bill and collect any applicable taxes where required by law.
2.4. Unless otherwise provided by written agreement between You and TDS or by local tariff, TDS reserves the right to change its rates or institute new charges or fees for the Service at any time upon 30 days notice to You. Notice will be provided in accordance with Section 1.6 above. Current prices for TDS Service are obtained by calling the phone number provided on your monthly statement.
2.5. If you are paying by check, You agree to pay monthly charges by the date printed on the bill. If Your account is in default, You are subject to an interest charge of 1.5% per month, or the maximum allowable rate under state law. If any instrument received in payment is returned to TDS unpaid, Your account will be considered to be in default, and in addition to the amount past due and any late payment charges due, You will be subject to the banks current returned check charge and any applicable TDS returned check charge. In addition, if You default on Your account, You shall also be subject to pay to TDS its reasonable expenses, including attorneys' fees and collection agency fees, incurred in enforcing its rights under this Agreement, or the Acceptable Use Policy.
*2.5.1. *If You pay by credit card, You expressly authorize TDS to charge the credit card account number associated with Your account for any Service charges. If you choose recurring credit card payment, You reauthorize TDS to charge Your designated credit card account each time You use the Service. This authorization will remain valid until You terminate Your authorization in writing. If Your credit card is declined, You will be subject to the interest charges set forth above. In addition, unless prohibited by law, TDS may terminate Your account, in its sole discretion, for recurring declined credit cards, returned checks, or any other non-payment of account charges.
2.5.2. TDS offers an Expedited Payment option through the use of a third party when You pay by check or credit card. An Expedited Payment applies Your payment to Your account the day of the transaction. Expedited payment options incur a nominal processing fee. If the payment option You choose requires a processing fee, TDS will disclose to You at the time of transaction the processing fee charged by third-party merchants for the expedited payments. Expedited Payments through our third party vendor are available through TDS online or by phone. The processing fee from our third party vendor will appear as a separate charge on your bank and/or credit card statement.
2.6. You must contact TDS at the phone number provided on your monthly statement within 60 days of the invoice or transaction date of any charge if You believe TDS has made a billing error. Refunds, credits or adjustments may not be given for any charges which are more than 60 days old. [Note, TDSLD customers must provide such notice within 3 months of the date of the applicable invoice.]
2.7. You are responsible for all financial transactions made between Your account and third parties using TDS Services, knowingly or unknowingly. Please keep Your password confidential, and ensure You know of all activity that takes place on Your account. Use caution when providing personal information while connected to the Internet, as TDS cannot protect You from potential fraud or charges occurring through third party vendors with whom You may be in contact through Your Service.
2.8. ACCESS TO DIALUP INTERNET SERVICE WILL BE PROVIDED VIA A LOCAL MODEM POOL NUMBER. INTERNET ACCESS IS OFFERED BY TDS SUBJECT TO THE FOLLOWING LIMITATIONS: ACCESS DIALUP NUMBERS MAY NOT BE AVAILABLE IN ALL AREAS. IT IS YOUR SOLE RESPONSIBILITY TO DETERMINE IF USE OF A PARTICULAR TDS DIALUP NUMBER WILL CAUSE YOU TO INCUR LONG-DISTANCE, TOLL OR OTHER CHARGES. TDS IS NOT RESPONSIBLE FOR ANY LONG-DISTANCE OR TOLL CHARGES INCURRED BY YOU THROUGH YOUR USE OF THE SERVICE. YOU ARE SOLELY RESPONSIBLE FOR ALL TELECOMMUNICATIONS CHARGES INCLUDING LOCAL AND LONG-DISTANCE TELEPHONE CHARGES FOR CONNECTION TO THE SERVICE BY YOU AND BY THOSE WHO ACCESS THE SERVICE THROUGH YOUR ACCOUNT.
3. Termination of Agreement
3.1. You may change or cancel Your Service by the following means only: (i) first-class registered or certified mail, return receipt requested addressed to TDS, Account Termination, P.O. Box 44984, Madison, Wisconsin 53744; or (ii) by calling the telephone number on your monthly statement.
3.2. Subject to payment of any applicable early termination or equipment charges, You shall have the right to terminate this Agreement at any time with or without cause upon notice to TDS as described above. Charges to Your account will stop accruing the day of receipt of notice of cancellation by TDS. You will still be responsible for any outstanding charges for Services provided by TDS prior to such notice of cancellation. In the event You terminate Service prior to expiration of the term of Service You originally ordered, You may be required to pay an early termination charge. The early termination charge will be an amount equal to the applicable charge for Service as if You had initially ordered the Service at the most recently expired term offered for Service. Any refund due You will be adjusted to reflect the higher service charge rate applicable to such shorter term.
3.3. TDS may terminate or suspend service for any delinquent account. In the case of suspension, standard charges for the Service shall continue to accrue until the account is cancelled by You as described in Section 3.1. Reactivation fees may apply if Your Service has been terminated or suspended.
*3.4. *TDS may immediately terminate or suspend Service at any time for a violation by You of our Acceptable Use Policy. In addition, TDS may remove or refuse material posted by You if we believe, in our sole discretion that it infringes on another's property rights.
4. Limitation of Liability and Indemnification
*4.1. *If You are dissatisfied with the Service or any of its terms, conditions, rules, policies, guidelines, or practices, Your sole and exclusive remedy against TDS or the TDS Affiliated Parties is to terminate this Agreement and discontinue using the Service by canceling the account by following the procedures described in this Agreement.
*4.2. *ALL INFORMATION YOU RECEIVE FROM OR THROUGH THE SERVICE IS PROVIDED "AS-IS," "AS AVAILABLE," AND ALL WARRANTIES, EXPRESS OR IMPLIED, ARE DISCLAIMED (INCLUDING BUT NOT LIMITED TO ANY IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE, COURSE OF DEALING OR USAGE OF TRADE). THE INFORMATION AND SERVICE MAY CONTAIN BUGS, ERRORS, PROBLEMS OR OTHER LIMITATIONS. TDS AND TDS AFFILIATED PARTIES HAVE NO LIABILITY WHATSOEVER FOR YOUR USE OF THE SERVICE, INABILITY TO USE THE SERVICE OR YOUR RELIANCE ON OR USE OF INFORMATION FROM THE SERVICE OR THROUGH THE SERVICE THAT RESULTS FROM MISTAKES, OMISSIONS, INTERRUPTIONS, DELETIONS OF FILES, ERRORS, DEFECTS, DELAYS IN OPERATION OR ANY FAILURE OF PERFORMANCE. IN PARTICULAR, BUT NOT AS A LIMITATION, TDS AND ITS AFFILIATED PARTIES ARE NOT LIABLE FOR ANY INDIRECT, SPECIAL, INCIDENTAL OR CONSEQUENTIAL DAMAGES, INCLUDING DAMAGES FOR LOSS OF BUSINESS, LOSS OF PROFITS, LITIGATION OR THE LIKE, WHETHER BASED ON BREACH OF CONTACT, BREACH OF WARRANTY, TORT, (INCLUDING NEGLIGENCE) PRODUCT LIABILITY OR OTHERWISE, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. THE NEGATION OF DAMAGES SET FORTH ABOVE ARE FUNDAMENTAL ELEMENTS OF THE BASIS OF THE BARGAIN BETWEEN TDS AND YOU. THE SERVICE WOULD NOT BE PROVIDED WITHOUT SUCH LIMITATIONS. NO ACTION, REGARDLESS OF FORM, ARISING OUT OF THE PROVISION OF SERVICES OR ITS PERFORMANCE MAY BE BROUGHT BY YOU MORE THAN SIX (6) MONTHS AFTER THE CAUSE OF ACTION HAS ACCRUED.
*4.3. *YOU ACKNOWLEDGE THAT ACCESS TO AND USE OF THE SERVICE MAY EXPOSE YOUR DATA, COMPUTER SYSTEM AND NETWORK TO VIRUSES, ADWARE, SNOOPWARE, SPYWARE, MALWARE, HIJACKWARE, KEY LOGGERS, TROJAN HORSES, WORMS AND OTHER MALICIOUS CODE THAT MAY THREATEN THE SECURITY AND OPERATION OF YOUR SYSTEM AND NETWORK (COLLECTIVELY, "MALICIOUS CODE"). ALL RESPONSIBILITY OR LIABILITY FOR ANY DAMAGES, LOSS OF DATA, OR INVASION OF YOUR PRIVACY CAUSED BY MALICIOUS CODE CONTAINED WITHIN ANY ELECTRONIC FILE YOU ACCESS THROUGH OR OBTAIN FROM THE SERVICE IS DISCLAIMED. TDS' MAXIMUM LIABILITY TO YOU UNDER ALL CIRCUMSTANCES RELATING TO OUR PROVISION OF THE SERVICE SHALL NOT EXCEED THE FEES YOU HAVE PAID IN THE PREVIOUS TWELVE (12) MONTHS FOR THE SERVICE GIVING RISE TO, OR WHICH IS THE SUBJECT OF, THE CLAIM WHETHER SUCH CLAIM ALLEGES BREACH OF CONTRACT, OR TORTIOUS CONDUCT INCLUDING, BUT NOT LIMITED TO, NEGLIENCE OR ANY OTHER THEORY.
*4.5. *You agree to defend, indemnify, and hold TDS and TDS Affiliated Parties harmless from any and all liabilities, costs, and expenses, including reasonable attorneys' fees, related to or arising from: any violation of this Agreement by You or those who access the Service(s) through Your account and, the use of the Service or the Internet and the placement or transmission of any message, information, software, or other materials on the Internet by You or by those who have access to the Service(s) through Your account.
*5.2. *TDS's failure to enforce strict performance of any provision of this Agreement shall not be construed as a waiver.
*5.3. *This Agreement shall be governed by and construed in accordance with the laws of the State where the Services are performed (without giving effect to conflicts of law).
5.4. ANY CONTROVERSY OR CLAIM ARISING OUT OF OR RELATING TO THIS AGREEMENT SHALL BE RESOLVED BY BINDING ARBITRATION AT THE REQUEST OF EITHER PARTY PURSUANT TO THE COMMERCIAL ARBITRATION RULES AS MODIFIED BY THIS AGREEMENT AND AS ADMINISTERED BY THE AMERICAN ARBITRATION ASSOCIATION (“AAA”). WE SHALL BE FULLY RESPONSIBLE FOR FILING, ADMINISTRATION AND ARBITRATOR FEES AND WE WILL ADVANCE, OR REIMBURSE YOU FOR, ANY REASONABLE FILING, ADMINISTRATION AND ARBITRATOR FEES FOR ANY ARBITRATION INITIATED IN ACCORDANCE WITH THIS PARAGRAPH. WE WILL REIMBURSE YOU FOR YOUR REASONABLE ATTORNEYS’ FEES AND COSTS IF THE ARBITRATOR AWARDS YOU AN AMOUNT EQUAL TO OR GREATER THAN THE AMOUNT YOU HAVE DEMANDED IN SUCH ARBITRATION. THE AAA SHALL ADMINISTER THE ARBITRATION AND JUDGMENT ON THE AWARD RENDERED BY THE ARBITRATOR MAY BE ENTERED IN ANY COURT HAVING JURISDICTION. BOTH PARTIES ACKNOWLEDGE THAT THIS AGREEMENT IS A TRANSACTION INVOLVING INTERSTATE COMMERCE, AND IS THEREFORE GOVERNED BY THE FEDERAL ARBITRATION ACT. BY AGREEING TO ARBITRATION, BOTH PARTIES ARE WAIVING THEIR RIGHT TO LITIGATE IN COURT INCLUDING ANY RIGHT TO A JURY TRIAL. UNLESS TDS AND YOU OTHERWISE MUTUALLY AGREE, ALL HEARINGS UNDER SUCH ARBITRATION SHALL TAKE PLACE IN THE COUNTY OF YOUR BILLING ADDRESS. AT YOUR OPTION, YOU MAY BRING AN ACTION AGAINST US IN SMALL CLAIMS COURT, NOTWITHSTANDING THIS AGREEMENT. THE PARTIES AGREE THAT ALL CLAIMS, WHETHER IN ARBITRATION OR IN SMALL CLAIMS COURT, SHALL BE TREATED INDIVIDUALLY AND THERE SHALL BE NO CONSOLIDATION OF CLAIMS, CLASS ACTIONS, REPRESENTATIVE ACTIONS OR PRIVATE ATTORNEY GENERAL ACTIONS. TDS EXPRESSLY REJECTS AND DOES NOT CONSENT TO ANY CONSOLIDATION OF CLAIMS OR CLASS ACTION IN THE ARBITRATION. THIS ARBITRATION AGREEMENT SURVIVES THE TERMINATION OF THIS SERVICE AGREEMENT. FOR ADDITIONAL INFORMATION ON COMMENCING ARBITRATION AND HOW THE ARBITRATION PROCESS WORKS, YOU MAY CALL THE AMERICAN ARBITRATION ASSOCIATION AT 800-778-7879 OR VISIT THEIR WEBSITE AT WWW.ADR.ORG.
*5.5. *Neither this Agreement, nor any of Your rights or obligations arising hereunder, shall be transferable or assignable by You to any third party without TDS's prior written consent. TDS shall have the right to assign all or part of its rights and obligations under this Agreement.
5.6. No amendment or modification to this Agreement by You shall be valid or binding on TDS unless made in writing and signed by an authorized representative of TDS.
5.7. Any and all representations, promises, warranties or statements by any TDS agent that differs in any way from these terms and conditions shall have no force or effect. This Agreement shall at all times be subject to such modifications as a state commission and/or the FCC may, from time to time, require under their respective jurisdictions.
5.8. Unless specifically exempted, Service shall be subject to all general regulations applicable to the provision of Service and rates charged for such Service by TDS and stated in its general tariff including late payment charges, termination charges, and related expenses.