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Effective July 31, 2001, Advanced Tel, Inc. and TLX
Communications, Inc. (the "Company") will
provide interstate long distance services ("Service")
between points within the United States at the rates,
and under the terms and conditions stated herein,
as the rates, terms and conditions may be modified
from time to time. As used herein, "you"
or "your" refers to the individual or entity
using or paying for the Service. USE OF THE COMPANY'S
SERVICE CONSTITUTES YOUR ACCEPTANCE OF THESE RATES,
TERMS, AND CONDITIONS.
1. AVAILABILITY OF SERVICE.
Subject to the availability of facilities and subject
to transmission and like conditions, Service is available
for your use twenty-four (24) hours a day, seven (7)
days a week. The rates for the Service are attached
hereto and are incorporated herein by reference.
2. USE OF SERVICE.
You may use the Service for any lawful purpose. Any
unlawful use of the Service is strictly prohibited
and may be grounds for immediate termination of Service
by the Company.
3. RATES AND CHANGES IN RATES,
TERMS AND CONDITIONS. Current rates are found
at www.eatel.com/terms. The Company reserves
the right to make price changes for Service or changes
in these terms and conditions upon providing five
(5) days advance notice, unless additional notice
is required by law. The Company may elect to provide
such notice by any reasonable commercial method including,
but not limited to, a bill insert or a bill message.
You agree that you will be bound by any change in
the rates, terms and conditions of the Service unless
you cancel your Service as provided for in paragraph
14 below prior to the effective date of the change.
The Company maintains updated rates, terms and conditions
at its business office at 913 South Burnside Avenue,
Gonzales, LA 70737 and on its website at www.eatel.com.
4. LIABILITY OF THE COMPANY.
The liability of the Company, if any, for interruption,
delays, or failures in transmissions ("Service
Problems"), whether caused by the negligence
of the Company or otherwise, is expressly limited
to credits issued by the Company to you. No credit
will exceed the charges billed by the Company to you
for the period during which the Service Problem occurred.
The Company will issue a credit only when the Service
Problem lasts more than twenty-four (24) hours. The
Company reserves the right to require you to apply
for any such credit in writing. The Company may also
deny your request for credit where your evidence is
inconclusive or the request for credit is otherwise
unwarranted or insufficient. In no event is the Company
liable to any person for any cost, damage or harm
whatsoever arising from: (a) your negligence or willful
act; (b) the attachment or use of any equipment or
wiring by you which you use in conjunction with the
Service; (c) the use of any facilities of other carriers
by the Company in rendering the Service to you; (d)
errors or omissions associated with your telephone
number or listing information provided via directory
assistance; or (e) any acts beyond the control of
the Company including, but not limited to: (1) acts
of God, riots, fire, flood, or other catastrophe;
or (2) any law, regulation, of directive ordered by
any federal or state governmental authority or agency
having jurisdiction over the Company. Under no circumstances,
whatsoever, will the Company or its officers, agents,
or employees be liable for indirect, incidental, special,
punitive, exemplary, or consequential damages.
5. INDEMNITY. You
agree to indemnify and hold harmless the Company for
any liability with respect to any and all claims and
damages, of every kind (including specifically special
or consequential damages), arising from your use of
the Service. Your indemnity of the Company also extends
to: (a) any claims or damages arising out of or attributed,
directly or indirectly, to Service Problems; (b) any
claims or damages of the owner of your premises or
equipment; or (c) any other third party claims and
damages.
6. NO WARRANTIES.
EXCEPT AS MAY BE EXPRESSLY SET FORTH HEREIN, THE COMPANY
MAKES NO WARRANTIES EXPRESS OR IMPLIED WITH RESPECT
TO THE PROVISION OF ITS SERVICES, AND EXPRESSLY DISCLAIMS
ANY IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS
FOR A PARTICULAR PURPOSE.
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