RTC High-Speed Internet Service - Terms and Conditions
Reserve Long Distance Company, Inc. (“RTC”) is a best effort service, which can provide speeds up to 12 Mbps downstream (from the RTC facility to the customer location) and 2 Mbps upstream (from the customer location to the RTC facility). The actual speed experienced by customers will be variable and depends on several factors including customer location, destination on the Internet, traffic on the Internet, interference with high frequency spectrum on the customer service line, etc. No minimum level of speed is guaranteed.
There is no contract required for residential service unless otherwise determined by RTC. However, if a business or special residential service contract is required, there is no cancellation fee after the term has expired. Once the term has expired, Internet service can be provided on a month-to-month basis upon thirty (30) days notice prior to the expiration of the term. For individual service contracts or customers receiving month-to-month service, the customer is required to give a thirty (30) day notice prior to cancellation of Internet service. There is no refund for any applicable installation or service activation fees. RTC may assess a cancellation fee equal to the outstanding amount contractually owed to RTC for the termination of Internet services by the customer prior to the expiration of a term or for those customers found in violation of RTC’s Acceptable Use Policy.
Sending unsolicited mail messages, including, without limitations, commercial advertising and informational announcements, is explicitly prohibited. A user shall not use another site’s mail server to relay mail without the express permission of the site.
Posting the same or similar messages to one or more newsgroups (excessive cross posting or multiple posting, also known as “SPAM”) is explicitly prohibited.
INDIRECT OR ATTEMPTED VIOLATIONS OF THE POLICY, AND ACTUAL OR ATTEMPTED VIOLATIONS BY A THIRD PARTY ON BEHALF OF A RTC CUSTOMER OR A CUSTOMER’S END USER, SHALL BE CONSIDERED VIOLATIONS OF THE POLICY BY SUCH CUSTOMER OR END USER.
Notification of Claimed Infringement, illegal use, e-mail abuse, Usenet abuse or Spam can be sent to:
Reserve Long Distance Company, Inc.
P.O. Drawer T
Termination of Services
Any violation of the Acceptable Use Policy will result in immediate termination of services and may result in a civil suit at RTC’s discretion
RTC’s Conditions for Internet Access Service to Customers
- RTC exercises no control over, and accepts no responsibility for, the contents of the information passing through its host computers, network hubs and points of presence (the “RTC Network”). RTC (a) makes no warranties of any kind, whether express or implies, for the services and equipment it is providing, (b) disclaims any warranty of merchantability, non-infringement or fitness for a particular purpose, and (c) will not be responsible for any damages a customer suffers, including any damages for loss of data resulting for delays, non-deliveries, mis-deliveries, or service interruptions. Use of any information obtained via the RTC Network is at Customer’s own risks. RTC specifically denies any responsibility for the accuracy or quality of information obtained through its services. RTC shall not be liable for any delay or failure in performance due to Force Majeure, which shall mean acts of God, earthquake, hurricane, wind storms, labor dispute, and changes in law, regulation or government policy, riots, war, fire, epidemics, acts or omissions of vendors or suppliers, transportation difficulties, or other occurrences which are beyond RTC’s reasonable control.
- All use of the RTC Network and the service must comply with the then-current version of the RTC Acceptable Use Policy (“Policy”) available at the following URL: http://www.rtconline.com/. RTC reserves the right to amend the Policy from time to time, effective upon posting of the revised Policy at the URL. RTC reserves the right to suspend the service or terminate this Agreement effective upon notice if RTC determines that there has been a violation of the Policy. Customer agrees to indemnify and hold harmless RTC from any losses, damages costs or expenses resulting from any third party claims or allegation (“Claim”) arising out of or relating to use of the service, including any Claim which, if true, would constitute a violation of the Policy.
- Network (IP) addresses assigned from a RTC net-block are non portable. Network (IP) address space allocated by RTC must be returned to RTC in the event Customer discontinues service or RTC discontinues service to Customer.
- Payment is due upon receipt and is late after the 20th of each month. Accounts are in default if payment is not received within 20 days after invoicing. If payment is returned to RTC unpaid, Customer is immediately in default and subject to a return check charge of $20.00 from RTC. Accounts unpaid 40 days after date of invoice may have service interrupted. Such interruption does not relieve Customer of the obligation to pay the Monthly Fee. Only a written request to terminate Customer’s service relieves Customer of the obligation to pay the monthly fee. Accounts in default are subject to a late fee on the outstanding balance of the lesser of 1.5% per month or the maximum rate permitted by law. Customer agrees to pay RTC reasonable expenses, including attorney fees and collection agency fees, incurred in enforcing its rights under these Terms and Conditions. Prices are exclusive of any taxes which may be levied or assessed upon the equipment or services provided hereunder. If a Customer is exempt from otherwise applicable taxes, Customer must submit its tax identification number and exemption certificate at the same time it submits this Agreement.
- Billing for RTC service will commence when billing for the corresponding telephone or cable service commences, or monthly in advance if these other services are not provided. The Start-up Charge (if any) may be invoiced upon acceptance of this Agreement by RTC. Charges for equipment shall be invoiced upon delivery. Service is invoiced monthly in advance. RTC reserves the right to change the rates by notifying Customer 30 Days in advance of the effective date of the change.
These Terms and Conditions supersede all previous representations, understandings or agreements and shall prevail notwithstanding any variance with terms and conditions of any order submitted unless and except to the extent such variance is expressly set forth in a Special Exceptions section of the Order. Acceptance of this Agreement by RTC may be subject, at RTC’s absolute discretion, to satisfactory completion of a credit check. Activation of service shall indicate RTC’s acceptance of this Agreement. Use of the RTC Network constitutes acceptance of these Terms and Conditions.
Acceptable Use Policy
This Acceptable Use Policy specifies the actions prohibited by RESERVE LONG DISTANCE COMPANY, INC. (“RTC”) to users of the RTC Network. RTC reserves the right to modify the Policy at any time, effective upon posting of the modified Policy to this URL: http://www.rtconline.com/.
The RTC Network may be used only for lawful purposes. Transmission, distribution or storage of any material in violation of any applicable law or regulation is prohibited. This includes, without limitation, material protected by copyright, trademark, trade secret or other intellectual property right used without proper authorization, and material that is obscene, defamatory, constitutes an illegal threat or violates export control laws.
System and Network Security
Violations of system or network security are prohibited and may result in criminal and civil liability. RTC will investigate incidents involving such violations and in cooperation with law enforcement if a criminal violation is suspected. Examples of system or network security violations include, without limitation, the following:
- Unauthorized access to or use of data systems or networks including any attempt to probe, scan or test the vulnerability of a system or network or to breach security or authentication measures without express authorization of the owner of the system or network.
- Unauthorized monitoring of data or traffic on any network or system without express authorization of the owner of the system or network.
- Interference with service to any user, host or network including, without limitation, mail-bombing, deliberate attempts to overload a system and broadcast attacks.
- Forging of any TCP-IP packet header or any part of the header information in an email or a newsgroup posting.