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LEGAL NOTICES
Copyright
Copyright 2009 TSC. All rights reserved. Permission to copy and distribute all documents and related graphics from this World Wide Web (WWW) server is granted subject to the following:
- The materials provided herein are for internal, non-commercial use only, and
- Any copies of documents contained within this server or portions thereof must include the above copyright notice.
Each document published by TSC on this server may contain other proprietary notices or describe products, services, processes or technologies owned by TSC or third parties. Nothing contained herein shall be construed as granting to the user a license under any copyright, trademark, patent or other intellectual property right of TSC or any third party.
Trademarks, Copyrights and Restrictions
The TSC name and logo and all related product and service names, design marks and slogans are trademarks, service marks or registered trademarks of TSC and may not be used in any manner without the prior written consent of TSC. All other product and service marks are trademarks of their respective owners.
Links
This site may contain links to other Web sites ("Linked Sites"). The Linked Sites are for your convenience only, and you access them at your own risk. TSC is not responsible for, and does not endorse, the content of any Linked Sites whether or not TSC is affiliated with the sponsors of a site. Visitors to any linked site are urged and expected to abide by the Terms of Use and Privacy Policies of that particular linked site. TSC welcomes links to this site. You may establish a hypertext link to this site, provided that the link does not state or imply any sponsorship or endorsement of your site by TSC. You may not use on your site any trademarks, service marks or copyrighted materials appearing on the TSC site, including but not limited to any logos or characters, without the express written consent of the owner of the mark or right. You may not frame or otherwise incorporate into another Web site any of the content or other materials on the TSC site without prior written consent of TSC.
Consent to Monitoring and Disclosure
TSC is under no obligation to monitor the information residing on or transmitted to this server. However, anyone using this server agrees that TSC may monitor the server contents periodically to (1) comply with any necessary laws, regulations or other governmental requests; (2) to operate the server properly or to protect itself and its users. TSC reserves the right to modify, reject or eliminate any information residing on or transmitted to its server that it, in its sole discretion, believes is unacceptable or in violation of these terms and conditions. Should any user of information on this server provide TSC with information, including but not limited to feedback, data, answers, questions, comments, suggestions, plans, ideas or the like, such information shall be deemed to be nonconfidential and TSC assumes no obligation to protect such information from disclosure. The submission of such information to TSC shall in no way prevent the purchase, manufacture or use of similar products, services, plans and ideas by TSC for any purpose whatever and TSC shall be free to reproduce, use, disclose and distribute the information to others without restriction.
Access
You agree that unless you have permission from TSC under a separate agreement: (1) you will not access the website by any means other than through the interface that is provided by TSC, and (2) you will not use any automated processes, systems or applications, including without limitation, spiders, robots, web crawlers, data miners or offline readers to: (a) access the website in a manner that sends more requests or transactions to the website in a specified period of time than a human can reasonably generate manually in such period using a traditional web browser; or (b) obtain information or content from the website. You further agree that you will not engage in any activity that interferes with or disrupts the website (or the servers and networks associated with or connected to the website) or otherwise causes harm to TSC's systems, networks or customers.
Jurisdictional Issues
Unless otherwise specified, the materials in the TSC Web site are presented solely for the purpose of entertainment and promoting programs and other products available in the United States, its territories, possessions, and protectorates. This site is controlled and operated by TSC from its offices within the State of Ohio, United States of America. TSC makes no representation that materials in TSC's Web site are appropriate or available for use in other locations. Those who choose to access this site from other locations do so on their own initiative and are responsible for compliance with their local laws, if and to the extent local laws may be applicable. This agreement shall be governed by, construed and enforced in accordance with the laws of the State of Ohio, as it is applied to agreements entered into and to be performed entirely within such State. Any action you, any third party or TSC bring to enforce this agreement or, in connection with, any matters related to this site shall be brought only in either the state or Federal Courts located in Auglaize County, Ohio, and you expressly consent to the jurisdiction of said courts. If any provision of this agreement shall be unlawful, void, or for any reason unenforceable, then that provision shall be deemed severable from this agreement, and shall not affect the validity and enforceability of any remaining provisions. This represents the entire agreement between the parties relating to the matters contained herein and shall not be modified except in writing, signed by TSC.
Disclaimer of Liability
THE USER OF THIS SYSTEM ASSUMES ALL RESPONSIBILITY AND RISK FOR THE USE OF THIS SERVER AND THE INTERNET GENERALLY. TSC AND ITS AFFILIATES DISCLAIM ALL WARRANTIES, REPRESENTATIONS OR ENDORSEMENTS, EXPRESS OR IMPLIED, WITH REGARD TO THE INFORMATION ACCESSED FROM, OR VIA, THIS SERVER OR THE INTERNET, INCLUDING, BUT NOT LIMITED TO, ALL IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NONINFRINGEMENT. TSC DOES NOT ASSUME ANY LEGAL LIABILITY OR RESPONSIBILITY FOR THE ACCURACY, COMPLETENESS, OR USEFULNESS OF ANY INFORMATION, APPARATUS, PRODUCT OR PROCESS DISCLOSED ON THE SERVER OR OTHER MATERIAL ACCESSIBLE FROM THE SERVER. IN NO EVENT SHALL TSC BE LIABLE FOR ANY SPECIAL, INDIRECT, OR CONSEQUENTIAL DAMAGES OR ANY DAMAGES WHATSOEVER RESULTING FROM LOSS OF USE, DATA, OR PROFITS, WHETHER IN AN ACTION OF CONTRACT, NEGLIGENCE OR OTHER TORTIOUS ACTION, ARISING OUT OF OR IN CONNECTION WITH THE USE OR PERFORMANCE OF THE INFORMATION ON THIS SERVER OR THE INTERNET GENERALLY.
No Warranties
Any TSC material on this server may include technical inaccuracies or typographical errors. TSC has the right to make changes and updates to any information contained within this server without prior notice. THE INFORMATION PROVIDED ON THIS SERVER IS PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, WARRANTIES OF TITLE, NONINFRINGEMENT OR IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE. NO ADVICE OR INFORMATION GIVEN BY TSC, ITS AFFILIATES OR THEIR RESPECTIVE EMPLOYEES SHALL CREATE ANY WARRANTY. NEITHER TSC NOR ITS AFFILIATES WARRANTS THAT THE INFORMATION ON THIS SERVER OR ON THE INTERNET GENERALLY WILL BE UNINTERRUPTABLE OR ERROR FREE OR THAT ANY INFORMATION, SOFTWARE OR OTHER MATERIAL ACCESSIBLE FROM THIS SERVER IS FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS.
Disclaimer of Endorsement
Reference herein to any products, services, processes, hypertext links to third parties or other information by trade name, trademark, manufacturer, supplier or otherwise does not necessarily constitute or imply its endorsement, sponsorship or recommendation by TSC. Product and service information is the sole responsibility of each individual vendor. The TSC name and logo and other trademarks and trade names owned by TSC may not be used in any commercial manner without the prior written consent of TSC.
Long Distance Terms & Conditions
TSC is a carrier providing intrastate, interstate
and international domestic communications services to
Customers for their direct transmission of voice, data and other types of
telecommunications
within the United States.
Limitations
- The services are provided subject
to the availability of facilities and the other provisions
of this document.
- TSC does not undertake
to transmit communications
or messages, but rather furnishes facilities, service
and equipment for such transmissions by the Customer.
- TSC retains the right to deny or terminate Service
to any Customer who fails to comply with the rules and regulations of this
Document, or other applicable rules, regulations or laws.
Obligations
of the Customer
- All Customers assume general responsibilities
in connection with the provision and use of TSC's
Service. General responsibilities
are described in this section. When facilities, equipment,
and/or communication systems provided by others are
connected to TSC's facilities,
the Customer assumes the additional responsibilities
as set forth here.
- The Customer is responsible for
the payment of all charges for any and all Services
or facilities provided by TSC to the Customer.
- The Customer shall indemnify and save harmless TSC from and against all loss, liability, damage
and expense, including reasonable
counsel fees, due to claims for libel, slander, or
infringement of copyright or trademark in connection
with any material transmitted by
the Customer
using TSC's Services; and any other claim
resulting from any act or omission of the Customer to
the use of TSC's facilities.
- The Customer shall reimburse TSC for damages to TSC's
facilities caused by any negligence or willful act
or acts on the part of the Customer.
- In the event
a suit is brought by TSC, or an attorney is
retained by TSC to collect any bill or enforce the terms of
this Document against a Customer, that Customer shall
be responsible for payment of all reasonable attorney's
fees, court costs, costs of
investigation and any and all other related costs and
expenses incurred
by TSC in connection therewith.
- The Customer
understands that the Services are furnished subject
to the condition that there will be no abuse, fraudulent
and/or illegal use thereof. Such activity includes,
but is not limited to:
- Using the Service for any purpose that is in
violation of any law.
- Obtaining or attempting to
obtain Services through any scheme, false representation
and/or use of any fraudulent means or devices whatsoever
with the intent to avoid payment, in whole or in part,
of charges for Services, or assisting any other person
or firm in such regard.
- Attempting to, or actually
obtaining, accessing, altering, or interfering with
the communications and/or information by rearranging,
tampering with or making any connection with any facilities
of TSC or assisting any other person or firm
in such regard.
- Using the Services in a manner that
interferes unreasonably with the use of Service by
one or more other Customers.
- Using the Service to
convey information deemed to be obscene, salacious,
or prurient, to impersonate another person with fraudulent
or malicious intent, to call another person or persons so frequently,
at such times, or in such a manner as to annoy, abuse,
or harass, or to convey information
of a nature or in a manner that renders such conveyance
unlawful.
Liabilities of TSC
- Except as stated
in this section, TSC shall have no liability
for damages of any kind arising out of or related to
events, acts, rights or privileges contemplated through acceptance of the
service.
- The liability of TSC for damages resulting
in whole or in
part from or arising in connection with the furnishing
of Service under this Document, including, but not
limited to, mistakes, omissions, interruptions,
delays, errors or other defects or misrepresentations
shall not exceed an amount equal to the charges under
this Document applicable to the
specific call (or portion thereof) that was affected.
No other liability shall attach to TSC.
- TSC
shall not be liable for any failure of performance
hereunder due to causes beyond its control, including,
but not limited to: (1)
acts of God, fires, flood or other catastrophes; (2)
any law, order, regulation, directive, action or request
of the United States Government,
or any other government, including state and local
governments having jurisdiction over TSC, or
of any department, agency, commission,
bureau, corporation or other instrumentality of any
one or more of said
governments, or of any civil or military authority;
or (3) national emergencies, insurrections, riots, wars
or other labor difficulties.
- TSC shall not
be liable for any act or omission of any other entity
furnishing facilities, equipment, or services used by
a Customer, with TSC's Services. In addition, TSC
shall not be liable for any damages or losses due
to the failure or negligence of any Customer
or due to the failure of Customer Provided Equipment,
facilities or services.
Charges and Payments for
Service or Facilities
- TSC may, in order
to safeguard its interests, require Customers to make
a suitable deposit as a guarantee of the payment of
charges.
- Any deposit as referred to in this Section shall
be held by TSC to secure the payment of the
Customer's bill. At TSC's option, the deposit may be refunded
or credited to the Customer at any
time prior to the termination of Service.
- The fact
that a deposit is made does not relieve the Customer
from making advance payments or from complying with
TSC's regulations for the payment of bills in accordance with the
terms
herein and does not constitute a waiver or modification
of the regulations
of TSC
providing for the discontinuance of Service for nonpayment
of any sums due TSC for Service rendered.
- Upon termination of Service any remaining deposit
amounts will be credited to the Customer's account and
any credit balance will be refunded
after all amounts due TSC have been paid.
- Service is provided and billed on a monthly basis.
Service continues to be provided and billed on a monthly
basis until cancelled by the
Customer through notice given to TSC.
- When
a Local Exchange Carrier (LEC) performs billing functions,
commercial credit card company or others, the payment
conditions and requirements of such LECs apply, including any applicable
interest.
- In the event a Local Exchange Carrier,
commercial credit card company
or others ceases efforts to collect any amounts associated
with TSC's charges, TSC may bill the
Customer or the called party
directly, and may utilize its own billing and collection
procedures which shall be consistent with all applicable
statutes, rules and regulations.
- In addition to all
recurring, non-recurring, minimum, usage, surcharges
or special charges, the Customer identified in this Document shall also
be responsible for and shall pay all applicable federal, state
and local taxes or surcharges, including sales, use,
excise, gross earnings, and gross income taxes. All
such taxes shall be separately shown and
charged on bills rendered by Company or its billing
agent pursuant to applicable rules or laws. Sales and
use taxes shall be applied to all
charges and shall also be applied to all applicable
gross earnings, gross revenue and gross income taxes.
- Payment will be due as specified on the Customer bill.
Commencing after that due date, a late charge of up
to the highest interest rate
allowable by law will be applied to all amounts past
due.
- Collection procedures and the requirement for a deposit are
unaffected by the application of a late payment charge. The late payment
charge does not apply to unpaid balances associated with disputed
amounts. Undisputed amounts on the same bill are subject
to the late payment charge if unpaid and carried forward
to the next bill.
- Service may be denied or discontinued at TSC's
discretion
for nonpayment of amounts due TSC past the
due date as specified in here. Restoration of Service
will be subject to all applicable installation
charges.
- In cases where TSC issues direct
bills to Customers, and payment by check is returned for insufficient
funds, or is otherwise not processed for payment, there
will be a charge of $20 or the maximum
amount allowed by law, whichever is less. Such charge
will be applicable on each occasion when a check is
returned or not processed.
- In the event of nonpayment of any bill rendered
or any required deposit, TSC may, after written
notice, suspend Service to the
Customer.
- Credit for failure of Service will be
allowed only when failure is caused by or occurs in
TSC's facilities or equipment owned,
provided and billed for by TSC.
- Credit allowances
for failure of Service or equipment starts
when the Customer notifies TSC of the failure and ceases
when the operation has been restored and an attempt
has been made to notify the Customer by TSC.
- Only those portions of the Service or equipment operation
disabled will be credited.
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