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GENERAL
Please read the following Terms
of Use carefully. By using this site, you acknowledge
that you have read these Terms of Use and that you accept
and will be bound by the terms thereof, as they may
be modified by Telephone Service Company, from time
to time, as posted on this Web site. When such a modification
is made, we will post a revised version of the Terms
of Use on this Web site. Changes will be effective when
they are posted. Telephone Service Company, is not required
to provide you with notification that any such change
has been made. It is your responsibility to review these
Terms of Use from time to time to be aware of any such
change. Your continued use of the service will indicate
your agreement to any such change. We reserve the right
to add to, remove, change or terminate access to any
of the content or functions of the service without giving
specific notice to you. If you do not agree to the Terms
of Use, you may not use this Web site. Access to this
Web site is restricted to those persons who have a valid
Login Name and Password and who have accepted these
Terms of Use. Access or attempted access by unauthorized
individuals may be subject to prosecution. Any use of
the Web site is at the sole risk of the user. When used
in these Terms of Use, "Telephone Service Company" shall include any affiliates, directors, officers, and employees.
INFORMATION COPYRIGHT 2006 TELEPHONE SERVICE COMPANY
Except as otherwise indicated,
information on this Web site is protected by copyright
in the United States of America and in other countries.
Unless otherwise specified (see the Limited Disclaimer
of Copyright below), no one has permission to copy or
republish, in any form, any information found on this
Web site. The posting of information or other materials
to this Web site does not constitute a waiver of any
proprietary right in such information and materials
(such as, but not limited to, copyright, service marks,
trademarks, trade names, or other intellectual property)
and does not transfer any rights to a user of the Web
site or any other third party, except as expressly provided
herein.
SERVICE MARKS AND TRADEMARKS
TSC, Telephone Service Company,
TSC Television, TSC Communications, BrightLightning,
3wMail, Group Call, are service marks or trademarks of
Telephone Service Company. bright.net is a trademark of Com Net, Inc. and is used under license.
LIMITED DISCLAIMER OF COPYRIGHT
Any authorized person may view
the information (and incidentally create an electronic
copy of the information) available from this Web
site for informational purposes only. No part of the
information
at this Web site can be otherwise redistributed,
copied, or reproduced in any form without prior written
consent
of Telephone Service Company
DISCLAIMER OF WARRANTIES
This information is provided "AS IS" without warranty of any kind, either expressed or implied, including, but not limited to, the implied warranties of merchantability, fitness for a particular purpose, or non-infringement.
TELEPHONE SERVICE COMPANY,
MAKES NO REPRESENTATION AS TO THE ACCURACY, TIMELINESS,
OR
COMPLETENESS OF THE WEB SITE MATERIALS. TELEPHONE SERVICE
COMPANY, PERIODICALLY AMENDS, CHANGES, ADDS, DELETES,
UPDATES OR ALTERS THE INFORMATION, INCLUDING, WITHOUT
LIMITATION, THE TERMS OF USE, AT THE WEB SITE WITHOUT
NOTICE. FURTHER, TELEPHONE SERVICE COMPANY, ASSUMES
NO LIABILITY OR RESPONSIBILITY FOR ANY ERRORS OR OMISSIONS
IN THE CONTENT OF THE WEB SITE.
REFERENCE TO TELEPHONE SERVICE
COMPANY, AND ITS SERVICES AND PRODUCTS ARE PROVIDED "AS
IS" WITHOUT
WARRANTY OF ANY KIND, EITHER EXPRESSED OR IMPLIED. IN NO EVENT SHALL TELEPHONE
SERVICE COMPANY, OR ANY OTHER PARTY INVOLVED IN THE CREATION, PRODUCTION, OR DELIVERY
OF THE INFORMATION AT THIS WEB SITE BE LIABLE FOR ANY DIRECT, INDIRECT, SPECIAL,
INCIDENTAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES OF ANY KIND, OR ANY DAMAGES WHATSOEVER
RESULTING FROM LOSS OF USE, COMPUTER VIRUS OR SYSTEM FAILURE, DATA OR PROFITS,
WHETHER OR NOT ADVISED OF THE POSSIBILITY OF DAMAGES, AND ON ANY THEORY OF LIABILITY,
ARISING OUT OF OR IN CONNECTION WITH THE USE OR PERFORMANCE OF THIS WEB SITE (OR
THE INFORMATION OR SERVICES PROVIDED AT THIS WEB SITE) ON ANY WEB SITE RELATED
TO ANY THIRD PARTY, OR USERS' INABILITY TO USE THE INFORMATION OR MATERIALS CONTAINED
IN THE WEB SITE (OR ANY OTHER WEB SITE). IN NO EVENT SHALL TELEPHONE SERVICE COMPANY'S
LIABILITY TO USERS FOR ALL DAMAGES, LOSSES, AND CAUSES OF ACTION (WHETHER IN CONTRACT
OR TORT, INCLUDING, BUT NOT LIMITED TO, NEGLIGENCE OR OTHERWISE) EXCEED THE AMOUNT,
IF ANY, PAID BY USERS TO TELEPHONE SERVICE COMPANY, FOR ACCESSING THE WEB SITE.
THE USER SHOULD CONSULT HIS OR HER OWN LEGAL ADVISORS REGARDING THE APPLICABILITY
OF STATE STATUTES REGARDING LIMITATIONS ON LIABILITY.
DESCRIPTIONS OF, OR REFERENCES
TO, PRODUCTS, SERVICES OR PUBLICATIONS WITHIN THE TELEPHONE
SERVICE COMPANY, WEB SITE DO NOT IMPLY ENDORSEMENT OF
THAT PRODUCT, SERVICE,
OR PUBLICATION. TELEPHONE SERVICE COMPANY, MAKES NO WARRANTY OF ANY KIND WITH
RESPECT TO THE SUBJECT MATTER INCLUDED HEREIN OR THE
PRODUCTS LISTED HEREIN. TELEPHONE
SERVICE COMPANY, SPECIFICALLY DISCLAIMS ALL WARRANTIES, EXPRESSED, IMPLIED,
OR OTHERWISE, INCLUDING, WITHOUT LIMITATION, ALL WARRANTIES
OF MERCHANTABILITY AND
FITNESS FOR A PARTICULAR PURPOSE.
Some states do not allow the
disclaimer of warranties or the exclusion of liability
for consequential damages, so the above limitations
may not apply to you in all cases.
TYPOGRAPHIC ERRORS
This Web site could include technical
inaccuracies or typographical errors.
INDEMNIFICATION BY USER
USER AGREES TO INDEMNIFY, DEFEND
AND HOLD TELEPHONE SERVICE COMPANY, HARMLESS FROM ANY
LIABILITY, LOSS, CLAIM AND EXPENSE, INCLUDING ATTORNEY'S
FEES RELATED TO A USER'S VIOLATION OF THESE TERMS AND
CONDITIONS OR THE USE OF THE SERVICES AND INFORMATION
PROVIDED AT THIS WEB SITE.
VIRUSES
All responsibility or liability
for any damages caused by viruses contained within the
electronic files or at this Web site is disclaimed.
LINKS TO OTHER WEB SITES
This Web site may contain links
to other Web sites not owned or managed by Telephone
Service Company, or its affiliates. Telephone Service
Company, is not responsible for the content, accuracy,
or opinions expressed in such Web sites, and such
Web sites are not investigated, monitored, or checked
for
accuracy or completeness by Telephone Service Company
Inclusion of any such linked Web site does not imply
approval or endorsement of the linked Web site by
Telephone Service Company
SUBMISSION OF INFORMATION
All information transmitted or
otherwise submitted to Telephone Service Company, via
this Web site shall be deemed to be the property
of Telephone Service Company, and Telephone Service
Company, shall be free to use such information
for any lawful purpose.
LOGIN NAME AND PASSWORD
You may be required to have a
valid account identification and password to use sections
of this Web
site. You
are responsible for maintaining
the confidentiality of your account identification
and
password and are fully responsible for all activities
that occur under your account identification or
password. You agree to immediately notify Telephone
Service
Company, of any unauthorized use of your account
identification or password or any other breach of the
security
of your
account or this Web site. You must ensure that
you exit from your account at the end of each session.
GOVERNING LAW
These Terms of Use will be governed
by and construed in
accordance with the laws of the United States of America
and
the State of Ohio without regard to conflict of
law principles,
and users agree that all legal proceedings related
to the matters herein shall be adjudicated solely
in the courts of Auglaize County, Ohio, United
States of America. Users consent to extra-territorial
service of process and submit to the jurisdiction
of said courts.
To the extent any portion of
these Terms of Use shall be determined to be unenforceable
by a court of competent jurisdiction, such portion
will be modified by the court solely to the
extent necessary to cause such portion to be enforceable,
and these Terms of Use as so modified will remain
in full force and effect.
Any waiver of any provisions
contained in these Terms of Use by Telephone Service
Company, shall not be deemed to be a waiver
of any other right, term, or provision of these Terms
of Use. Any waiver of these Terms of Use must
be in writing and signed by our authorized representative.
A printed version of these Terms of Use and
of
any notice given in electronic form shall be
admissible in judicial or administrative proceedings
based
upon or relating to these Terms of Use to the
same extent and subject to the same conditions
as other business documents and records originally
generated and maintained in printed form.
These Terms of Use were last
updated on June 12, 2006.
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