I. Service Contract - This is an Agreement ("the Service") provided to the customer (“You"), subject to all applicable state and federal laws, rules and regulations. Any use by You of the Service shall be governed by the terms and conditions of this Agreement.
II. Agreement Terms - You acknowledge that this Agreement and the S&T service price list contain the entire Agreement between the parties and shall not be affected or altered by any other Agreement or representation, oral or otherwise, not contained herein. This instrument shall not be amended, altered or changed except by a written Agreement signed by the parties to this Agreement. You acknowledge that no S&T supplier, employee or agent is authorized to make any representation or warranty with respect to this Agreement, or to waive or alter any term or condition of this Agreement.
III. Governing Law - This Agreement shall be governed by applicable Federal law, the regulations of the Federal Communications Commission (FCC), by the laws of the State of Kansas, and by any tariff filed by S&T pursuant to such laws. This Agreement is subject to amendment, modification or termination if required by such regulation or laws. If any section of this contract is determined to be unenforceable, the contract shall be deemed to be amended so that the remaining provisions are enforceable. The parties agree that any dispute concerning the construction and/or validity of this Agreement shall be determined in the District Court of Thomas County, Kansas.
IV. Taxes and Surcharges - Except for the amount, if any, of state and local tax stated on the front page of this document, the prices set forth herein are exclusive of any amount of Federal, State and/or Local excise, sales, use, property, retailer's occupation or similar taxes. If any such excluded tax is determined to be applicable, then You shall pay to S&T the full amount of any such tax no later than Ten (10) days after receipt of an invoice therefore.
V. Limitations and Conditions of Liability/Indemnity - Service may be temporarily interrupted, delayed or otherwise limited due to: 1) transmission limitations; 2) system capacity limitations; 3) equipment modifications, upgrades, relocations, failures, repairs and/or similar activities; 4) failure of S&T suppliers; and 5) negligence of S&T. S&T therefore, assumes no duty to provide uninterrupted service to You or your authorized user. S&T and its suppliers shall not be in default nor shall they have any liability of any sort, including, but not limited to, direct, indirect, special, incidental, or consequential damages and no credits shall be given for interruptions, delays, or failures in transmission as a result of: 1) any of the above referenced conditions; 2) your negligent or willful act; 3) the failure of equipment or service not provided through S&T facilities; and 4) acts of God, fire, riots, government authorities or other causes beyond the control of S&T. You agree that the liability of S&T if any, for interruptions, delays, and failures in transmission of service (service problems) to You, whether caused by the negligence of S&T or otherwise, is hereby limited to the allowance of a credit in the form of an adjustment for no more than the charges billed by S&T to You for service for the period during which the service problem occurred, except that no credit shall be given for a service problem of less than 24 hours duration. No credit shall exceed the service charges billed for the period during which the service problem occurred. S&T has the right to require that credit be applied for upon written request and to deny any request for credit for an alleged service problem where the evidence of such problem is inconclusive or the request is otherwise unwarranted or insufficient. Except as provided above, You hereby agree that S&T shall not be liable for and shall be held harmless by You from and against any and all claims and damages arising out of the use of any service and/or equipment provided under this contract as well as any damages arising out of or attributed, directly or indirectly, to service problems. S&T makes no express or implied warranties except as specifically set forth on this contract and specifically disclaims any warranty of merchantability fitness for a particular purpose.
VI. Notices - Service of all notices under this Agreement shall be sufficient if given personally or mailed to the party involved at its respective address or at such other address as the party may provide in writing. Any notice mailed to such address shall be effective when deposited in the United States mail, properly addressed and with prepaid postage.
VII. Changes in Charges, Terms and Conditions - Charges, Terms, and Conditions are subject to change by S&T You will be notified of any rate increases 30 days in advance.
VIII. Use of Service - Service is provided for your use. You are responsible for ensuring that the unit is technically and operationally compatible with S&T's system and in conformance with applicable statutes, rules and regulations. You will not use the unit for any unlawful or abusive purposes either to the Company, its employees, to third parties or the general public. If your use of the unit adversely affects the service provided to other customers, S&T reserves the right to terminate this Agreement without notice. S&T reserves the right to disconnect if You use the Internet service in an "unacceptable" manner as determined by S&T "Unacceptable" includes, but is not limited to: 1) use in violation of any laws of U.S. or Kansas or in any other illegal manner; 2) use which violates "basic politeness," as defined by S&T, 3) use to communicate threats via the e-mail; and 4) use to send unsolicited electronic messages that constitute a "nuisance" as defined by S&T.
IX. Termination - Upon nonpayment of any sum due S&T hereunder for any service, repair, or equipment furnished in connection with your equipment, or upon a violation of any of the conditions of this contract, subject to any applicable regulation, S&T may, by notice in writing to You, without incurring any liability, either temporarily discontinue your service or terminate the contract. S&T may also terminate service in the event of your insolvency, receivership, voluntary or involuntary bankruptcy, assignment for the benefit of creditors or sale of substantially all of your assets. Service may be refused or discontinued without notice in the event that: 1) service is used in such a manner that will adversely affect S&T's service to others or is otherwise in violation of any statutes, rules or regulations; 2) services are not available from the network provider or its successor; 3) your credit information provided to S&T is inaccurate; 4) S&T becomes aware of facts indicating that your credit standing has deteriorated; or 5) any information provided is incorrect or incomplete. If your service(s) become(s) temporarily disconnected, whether voluntarily, or involuntarily, you will be subjected to a monthly fee.
X. Miscellaneous - Any failure of S&T to require strict performance by You or any waiver by S&T of any provision herein shall not be construed as consent or waiver of any other breach of the same or any other provision. In the event legal action is initiated by either party concerning this Agreement, the most prevailing party therein shall be entitled to costs and reasonable attorney's fees, including costs and fees on appeal, unless otherwise prohibited by law. S&T may assign all or part of this Agreement by giving You written notice of such assignment and You shall make all subsequent payments as instructed in such notice. You may not assign your rights or delegate your duties under this Agreement without S&T's prior written consent.
XI. Billing - You are responsible for paying the monthly service charges and feature charges. Prepaid charges will not be refunded for termination of service prior to the end of the billing cycle. All services that S&T performs on your equipment to make it compatible with S&T's service, will be billed to you at the current hourly rate.