Communications Service Agreement

By accessing Internet or other communications services provided by Hill Country Telecommunications, LLC, (“HCTC”), the customer agrees to the following terms and conditions of service, intending to be legally bound thereby:

1. Customer agrees and understands that the only warranty or guarantee made concerning the fitness, quality, design, condition, capacity, suitability, reliability, or performance of any hardware or software sold or provided to customer by HCTC is made by the manufacturer of said product and set forth in the literature or documentation accompanying the product. Customer agrees and understands that HCTC makes no warranty whatsoever as to such product. HCTC shall not be liable in any event for loss of use, profit, revenue, consequential damage, or any claim for damage resulting from the use of purchased hardware, use of the Internet and software, or interruption of such service for any cause. In the unlikely event HCTC is found liable in any manner whatsoever, then and in that event the liability of HCTC for any cause shall never exceed the actual amount paid to HCTC by the customer, without interest.
2. Customer agrees and understands that HCTC has no control of information and services provided through the Internet and the customer hereby expressly releases, holds harmless and agrees to indemnify HCTC from any and every claim which might be made by any person by virtue of customer’s access to and use of the Internet.
3. Customer agrees and understands that the Internet is unrestricted and uncensored, and that certain material may be distasteful, and/or unsuitable for children. Customer agrees and understands that HCTC has no control over other Internet sites and that it is the customer’s sole responsibility to prevent viewing of inappropriate material by children.
4. By executing this agreement and/or using the system, the customer expressly agrees to abide by all system rules as published from time to time by HCTC. Customer hereby acknowledges receipt of a current copy of the system rules in effect at the time of activation. System rules may be modified at any time by HCTC, with such changes to be published on the HCTC Home Page. Customer agrees to accept HCTC’s interpretation of all system rules.
5. HCTC agrees to use its best reasonable efforts to keep all electronic mail (E-mail) messages private and confidential and agrees that the customer is the sole owner of any E-mail messages posted by customer to the system. In the event HCTC reasonably believes customer is violating system rules, HCTC may review customer’s E-mail. If it is determined that a violation has occurred, HCTC may exercise the remedies provided in Section 6 of this agreement. Customer acknowledges and agrees that the recipients of e-mail are under no obligation to keep it confidential, and that in the event governmental authorities investigate or seize the system, customer E-mail may be reviewed.
6. If HCTC has reason to believe customer is in violation of any system rules, or is conducting any activities it believes harmful to HCTC, the system, or other users, customer expressly agrees that HCTC may exercise any or all of the following remedies:
   a. HCTC may immediately terminate customer’s access to the system and shall have no obligation to return E-mail or other files stored on the system.
   b. HCTC may report the matter to the proper authorities and fully cooperate within any official investigation.
   c. HCTC may exercise any other right, remedy or action which is appropriate in view of the nature of the violation of system rules or other harmful activity.
7. Customer agrees to pay for all services used in a timely manner, in accordance with HCTC’s billing policies. Customer agrees and understands that base service is billed one month in advance, and that any overages are billed one month in arrears.
8. Customer recognizes and acknowledges that any software provided by HCTC for access to the system is copyrighted material, and that customer may not sell, give, transfer, or copy said software without the express written permission of the copyright holder and HCTC.
9. Customer acknowledges and agrees that any passwords issued by HCTC for system access are for the sole use of customer, and that customer may not allow others to use their password to access the system. Violation of this article shall be cause for immediate termination of service.
10. Customer may not resell any services purchased from HCTC without the express written consent of HCTC.
11. Customer agrees to all terms and conditions in the above application for HCTC Internet Services.
12. Customer hereby agrees and consents to the obtainment by HCTC of any and all personal credit and/or financial information and does hereby agree and consent to HCTC’s use thereof for the purposes of waiving any security deposit or determining whether or not service to customer should be initiated or continued. Customer agrees to indemnify, hold harmless, and release HCTC from any claim made as a result of the use and/or obtainment of such information. HCTC reserves the right to charge a security deposit.
13. Customer agrees he has read and agrees to all the terms and conditions shown on both the front and reverse side of this application for service.
14. Acceptance of this application is at HCTC’s sole discretion and shall be evidenced by its duly authorized signature in the space provided hereon.
15. Upon acceptance by HCTC, this Customer Service Agreement and any exhibits, riders, amendments or supplements attached hereto shall constitute the entire Agreement between Customer and HCTC and shall supersede any prior or contemporaneous understandings or written or oral agreements between the parties respecting the subject matter within.
16. Customer assents to any terms and conditions of this agreement which are additional or are different from those proposed either orally or in writing by customer.
17. At the sole discretion of HCTC, service may be commenced prior to or subsequent to the obtaining and verifying of credit and financial information as authorized herein. HCTC reserves the right to demand a deposit and/or terminate service if, in the sole discretion of HCTC, customer’s credit or financial information proves unsatisfactory during the term of this agreement.
18. Customer certifies and warrants that the information given in this application is true and correct.
19. Prices charged for services under this agreement are subject to change without notice.
20. No right or remedy herein conferred upon or reserved to HCTC is exclusive of any other right or remedy herein or by law or equity provided or permitted, but each shall be cumulative of every other right or remedy given hereunder or now or hereafter existing at law or equity and may be enforced concurrently or from time to time.
21. Customer hereby waives and agrees not to assert any and all existing or future claims, defenses, and offsets against any payment due hereunder. Customer agrees to pay all charges due hereunder, regardless of any claim, defense or offset which may be exerted by Customer or on Customer’s behalf.
22. A delegation of any obligation hereunder by Customer shall not relieve Customer of said obligation.
23. No term or condition of this agreement may be waived or modified except by the written consent of HCTC. Forbearance or indulgence by HCTC in any regard whatsoever shall not constitute waiver of any term or condition, nor shall it constitute a waiver as to any future default or defaults, whether of like or different character.
24. Service of all notices under this agreement shall be deemed sufficient if given personally or mailed to the party involved at its respective address set forth in this agreement, by U. S. Mail, or at such address as the notified party may from time to time request in writing. Any notice mailed to such address shall be considered effective at the time of mailing.
25. This agreement shall be construed under and in accordance with the laws of the State of Texas and the venue for any suit pertaining hereto shall be maintained in Kerr County, Texas. If any one or more of the provisions contained herein shall be held to be invalid, illegal, or unenforceable in any respect, such invalidity, illegality, or unenforceability shall not affect any other provision hereof, and this agreement shall be construed as if such invalid, illegal or unenforceable provision had never been contained herein.
26. A service charge may be imposed for all returned checks, not to exceed the maximum allowed by law.
27. HCTC assumes no responsibility for interruptions of service caused by Acts of God, force majeure, catastrophe, etc.
28. A service charge may be imposed to reactivate service if service is disconnected by HCTC for nonpayment or any other cause.
29. Initial activations, renewals, reactivations, and plan changes may only include those rate plans being offered at the time of activation, renewal, reactivation, or plan changes.
30. Customer assumes responsibility for any and all charges associated with the use of their account.

System Rules

1. The system may not be used for any activity which may violate any criminal or civil laws. These include any activities involving drugs, gambling, prostitution, pornography, spreading computer viruses, cracking computer security systems, infringing on intellectual property, trafficking in credit card numbers, fraudulent marketing schemes, or trafficking in cellular telephone fraud information.
2. The system may not be used to distribute mass unsolicited E-mail containing commercial advertisements or to post commercial advertisements to inappropriate locations on the Internet.
3. The system may not be used to publish defamatory statements directed to or about other persons or entities on the Internet.
4. Customers must respect the conventions and rules of news groups, mailing lists, and other networks, even if those conventions and rules are more restrictive than ours.
5. The system may not be used to violate the copyright interests or other intellectual property interests of any person or entity. This includes but is not limited to the distribution or sharing of copyrighted software in violation of the copyright holder’s rights.
6. Customers, including Home Page Customers, may not post any material to the system which is obscene, vulgar, or blatantly offensive to the prevailing moral standards of the community.