For all intents and purposes, advertising and public relations are the same endeavor.
TABLE OF
CONTENTS ACCEPTABLE USE POLICY Clay County Rural
Telephone Cooperative, Inc., DBA Endeavor Communications (“Endeavor”) has published this acceptable use policy (“AUP”) in an effort to enhance the use of the Internet in general by promoting responsible use of the Internet, Endeavor’s Internet Service, and Endeavor’s website, currently found at weendeavor.com or any other website maintained by Endeavor or its affiliates in the future (“Site”). In that regard, Endeavor requires
its customers and other third-party users (collectively, its “Users”) to utilize Endeavor’s Internet Services, Endeavor’s network, facilities, equipment, wires, and cables (“Endeavor Network”), and Site responsibly and in compliance with all applicable laws. Users use of Endeavor’s Internet Service, Endeavor’s Network, or Site is also subject to any applicable service order, service agreement, the terms of this AUP, its Digital Millennium Copyright Policy (“DMCA Policy”) and other policies and
restrictions Endeavor may post on the Site from time-to-time. This AUP as well as other policies and restrictions posted by Endeavor on the Site supplements rather than supersedes any and all services orders and/or agreements between a User and Endeavor with respect to the use of Endeavor’s Internet Service, Endeavor’s Network, or Site by such User. Use by a User of Endeavor’s Internet Service, Endeavor’s Network, or Site constitutes acceptance by such User of the terms of this AUP and any other
policies or restrictions that Endeavor may post on its Site from time-to-time. Endeavor reserves the right to deny service to any user for any reason. (Back To Top) Prohibited Conduct Endeavor’s Internet Services, Endeavor’s Network or Site may only be used for lawful purposes. Transmission of any material in violation of any federal, state, or local law is
strictly prohibited. This may include, but is not limited to, copyrighted material, obscene material, or material protected by trade secrets. Please refer to Endeavor’s separate DMCA Policy, which describes its notice and takedown procedures for alleged copyright infringement. You agree to indemnify and hold harmless Endeavor from any claims resulting from your use of this service. (Back To
Top) System and Network Security Users are provided one publicly routed IP address with Endeavor’s Internet Services and may not use Endeavor’s Network, or Site to violate or to attempt to violate the security of any network, service, data, or other system without proper authorization, (Back To Top) Users may not use Endeavor’s Internet Services, Endeavor’s Network, or Site to transmit any unsolicited commercial or unsolicited bulk e-mail messages
(commonly known as “spam”). For purposes of this AUP, an e-mail message shall be deemed to be unsolicited if (i) it is sent to a recipient (a) who has not expressly requested or invited it, (b) with whom the sender does not have an existing personal or business relationship, or (c) who has requested that the sender not send it any further e-mail messages or (ii) such e-mail message is considered to be unsolicited under any applicable local, state, or federal law or regulation. (Back To Top) The resale, sharing, extension, redistribution or retransmission of Endeavor’s Internet access services via wired or wireless networks outside the customer’s premises is strictly prohibited. Customers engaged in a commercial enterprise may only share, extend, redistribute, or retransmit Internet access services to
other entities located within the customer’s premises with Endeavor’s express permission. (Back To Top) All postings to Usenet groups must comply with such group’s charter, rule, guidelines, and agreements (collectively, “Usenet Policies”). In addition to any such Usenet Policies, Users may not use Endeavor’s Internet Services, Endeavor’s
Network, or Site to post the same or similar messages to multiple Usenet groups (commonly known as “Usenet spam” or “cross-posting”). (Back To Top) In order to ensure server stability and uptime of the mail server, the following limits shall apply to all Users of Endeavor’s e-mail service: (i) maximum size of attachments: 100 MB
(incoming and outgoing) and (ii) maximum mailbox size: 16 Gig residential (total). (Back To Top) Consequences If
Endeavor determines that a User has violated any of the terms of this AUP or any other policies or restrictions posted on its Site, Endeavor shall have the right in its sole discretion (i) to demand immediate removal of the violating material and/or (ii) to terminate or to suspend such User’s services and/or use of Endeavor’s Network or Site without notice to Users. Endeavor may involve and shall cooperate with law enforcement authorities if criminal activity is suspected. In addition, Users who
violate this AUP or any other policies or restrictions posted on its Site may be subject to civil or criminal liability. Endeavor shall not be liable for any damages suffered by any User or third party resulting directly or indirectly from any actions taken by Endeavor pursuant to this AUP. (Back To Top) Violation Reporting Violations or potential violations
of this AUP or any other policies or restrictions posted on its Site may be reported to Endeavor at . Endeavor’s agent for purposes of reporting copyright infringement can be found in Endeavor’s DMCA Policy. (Back To Top) Modifications Endeavor reserves the right based
upon its sole and absolute discretion to modify this AUP as well as any other policies or restrictions from time to time without prior notice to Users. Such modifications shall be effective upon date of posting such modification. (Back To Top) No Third-Party Beneficiaries You agree that, except as otherwise expressly provided in this AUP, there shall be no
third-party beneficiaries to this agreement. (Back To Top) PLEASE READ THESE TERMS OF USE (“TERMS”) CAREFULLY BEFORE USING THE WWW.weendeavor.com WEB SITE OR ANY OTHER WEB SITE MAINTAINED BY ENDEAVOR OR ITS AFFILIATES (“SITE”). USING THIS SITE INDICATES THAT YOU ACCEPT THESE TERMS. IF
YOU DO NOT ACCEPT THESE TERMS, DO NOT USE THIS SITE. Copyright The entire contents of this Site are protected by the United States copyright laws. Clay County Rural Telephone Cooperative, Inc., DBA Endeavor Communications (“Endeavor”), is the owner of the copyright. Endeavor authorizes you to view and to use the materials at this Site only for your personal, non-commercial use. You may not modify the materials at this Site in any way or reproduce or publicly
display, perform, distribute, or otherwise use the materials for any public or commercial purpose. For the purposes of these Terms, any use of these materials on any other web site or networked computer environment for any purpose is prohibited. (Back To Top) Trademark (Back To Top) Material submitted to Endeavor Except as otherwise set forth in Endeavor’s Privacy Policy, any materials, information, or other communication that you transmit or post to this Site
(“Communication”) will be considered non-confidential and non-proprietary, and Endeavor and its designees will be free to copy, disclose, distribute, incorporate, and otherwise use the Communication and all data, images, sounds, text, and other things embodied therein for any and all commercial or non-commercial purposes. (Back To Top) Links to other web sites Links to third party web sites on this Site are provided solely as a convenience to you. If you use these links, you will leave this Site. Endeavor has not reviewed all of these third party sites and does not control and is not responsible for any of these sites or their content. Endeavor does not endorse or make any representations about these third party sites, or any advertising, information, software, or other products or materials found there, or any results that may be obtained from
using them. If you decide to access any of the third party sites linked to this Site, you do so entirely at your own risk. (Back To Top) Links to Endeavor’s web site With permission from Endeavor by sending an e-mail request to , you may create a hypertext link to this Site from your web site provided that the page containing the link
properly attributes the linked site to Endeavor. Neither your site nor your link to this Site (a) shall state or imply Endeavor’s sponsorship or endorsement of your site or the products, services, or materials promoted or set forth on your site; (b) shall contain republished, redistributed, or copied materials from this Site, including by framing or other means; or (c) shall misrepresent your relationship with Endeavor or contain any false, misleading, or derogatory information about Endeavor or
its products or services. (Back To Top) Content and Disclaimer of Warranties THE MATERIALS, INFORMATION, SOFTWARE, AND SERVICES PROVIDED INCLUDED IN OR AVAILABLE THROUGH THIS SITE (“CONTENT”) ARE PROVIDED “AS IS” FOR YOUR USE. THE CONTENT IS PROVIDED WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, IMPLIED WARRANTIES
OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON INFRINGEMENT OF INTELLECTUAL PROPERTY. ENDEAVOR ALSO DOES NOT WARRANT THE ACCURACY, RELIABILITY, OR COMPLETENESS OF THE CONTENT INCLUDED IN OR AVAILABLE THROUGH THIS SITE. THE CONTENT INCLUDED IN OR AVAILABLE THROUGH THIS SITE MAY BE OUT OF DATE AND ENDEAVOR MAKES NO COMMITMENT TO UPDATE THE CONTENT OF THIS SITE. THE CONTENT OF THIS SITE MAY INCLUDE INFORMATION ON PRODUCTS, PROGRAMS, OR SERVICES THAT ARE NOT AVAILABLE IN YOUR AREA.
YOUR USE OF THIS SITE IS SOLELY AT YOUR RISK AND ENDEAVOR DOES NOT WARRANT THAT THE CONTENT IS FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. (Back To Top) Limitation of liability IN NO EVENT WILL ENDEAVOR, ITS SUPPLIERS, OR OTHER THIRD PARTIES MENTIONED AT THIS SITE BE LIABLE FOR ANY SPECIAL, DIRECT, INDIRECT, INCIDENTAL, PUNITIVE, OR CONSEQUENTIAL DAMAGES,
OR FOR ANY LOSS OF BUSINESS OR PROSPECTIVE BUSINESS OPPORTUNITIES, PROFITS, SAVINGS, INFORMATION, USE, OR OTHER COMMERCIAL OR ECONOMIC LOSS ARISING OUT OF THE USE, INABILITY TO USE, OR THE RESULTS OF USE OF THIS SITE, ANY WEB SITES LINKED TO THIS SITE, OR THE MATERIALS, INFORMATION, OR SERVICES CONTAINED AT ANY OR ALL SUCH SITES, REGARDLESS OF THE LEGAL THEORY UNDER WHICH SUCH LIABILITY IS ASSERTED, INCLUDING, WITHOUT LIMITATION, LEGAL THEORIES OF WARRANTY, CONTRACT, TORT, OR STRICT LIABILITY. (Back To Top) Indemnification You agree to defend, indemnify and hold harmless Endeavor and its subsidiaries and other affiliated companies, and their employees, contractors, officers, and directors from all liabilities, claims, and expenses, including attorney’s fees, that arise from your use or misuse of this Site. Endeavor reserves the right, at its own
expense, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you, in which event you will cooperate with Endeavor in asserting any available defense. (Back To Top) Governing law/Dispute resolution Any claims arising out of the use of this Site shall be resolved by binding arbitration in Indiana in accordance with
the then-current rules of the American Arbitration Association. These Terms are made under and will be governed by and construed in accordance with the laws of the State of Indiana, United States of America (other than conflict of law rules). (Back To Top) Modifications Endeavor may make revisions to the content included in or available through this Site, or
to the products, services, and prices described herein, at any time without notice. By using this Site, you agree to be bound by any such revisions and therefore should visit this Site periodically to determine the then-current Terms by which you are bound. (Back To Top) All customers of Clay County Rural Telephone Cooperative, Inc., DBA
Endeavor Communications (“Endeavor”), are subject to this billing and cancellation policy (this “Policy”). Use by a customer of Endeavor’s services or Endeavor’s Network constitutes acceptance by such customer of the terms of this Policy. All customers are required to provide Endeavor with accurate and complete billing information, including legal name, physical address, telephone number, and, if applicable, automatic payment
information (i.e., credit card or ACH). All customers are responsible for reporting to Endeavor any changes in such billing information within 30 days of such change. Invoices for services are mailed at the start of each service period. Customers shall be invoiced and charged monthly for standard service charges plus any additional usage or service charges, including, without limitation, toll-free usage charges. All customers are responsible for monthly payment of invoices regardless of
whether such invoices were actually received. For customers participating in the automatic payment plan, all customers are responsible for being aware of the amount that shall be automatically charged from such customer’s account each month. For customers paying by check, payments are due within 17 days after the date that the invoice is mailed by Endeavor to the customer. All charges invoiced to a customer shall be deemed to be valid and undisputed unless the customer disputes such
charges in writing within 60 days after the invoice is mailed by Endeavor to the customer. Each customer is responsible for payment for all services provided to such customer by Endeavor at Endeavor’s standard charges (unless otherwise set forth in the customer’s service agreement with Endeavor) and pursuant to Endeavor’s standard billing practices, regardless of whether the provided service is specifically set forth in the customer’s service agreement with Endeavor. (Back To Top) Cancellation Information A customer may terminate its account with Endeavor by providing notification to Endeavor of its intent to terminate via one of the following procedures: Written notification of termination must include login name, customer name, address, and telephone number, and the effective date of termination of the account, which, for month-to-month accounts (i.e., non-term accounts) only, must be the last day of a billing cycle; provided, however, that
written notification of termination must be received by Endeavor for month-to-month accounts no less than 10 business days prior to the next billing cycle to be effective on the last day of the current billing cycle. Accounts that are not terminated in accordance with the above procedures shall remain active and shall continue to incur monthly service charges until properly terminated. Term accounts may only be terminated in accordance with the terms of the applicable service agreement. (Back To Top) Privacy Statement (Back To Top) Use of Personal Information Endeavor may gather information about you through this Site in three ways. First, Endeavor may collect and store some personally identifiable information (such as your name, telephone number, and e-mail address) that you provide to us through surveys, job applications, contests, service orders, or inquiries on this Site.
Second, we may collect and store information about your visit to this Site in collective or aggregated data that does not identify you specifically. Third, Endeavor may collect and store information through the use of “cookies.” The term “cookies” refers to lines of test that are transmitted to your web browser when you click on a site, providing a way for a server to recall a previous request or previous registration, or keep track of a transaction as it progresses, so that information does not
have to be repeated. Endeavor uses all of this information to help maintain accurate accounts, to provide and to change services, to provide accurate billing and shipping to answer your inquiries, to market services and products, and to help make this Site useful to you. Additionally, Third parties may be placing and reading cookies on end users’ browsers, or using web beacons or similar technologies to collect information in the course of advertising being served on the web site. (Back To Top) Sharing Information The information that we obtain from you is generally necessary for us to provide your services and to design new services for your future use. As a general rule, Endeavor will not sell, trade, or disclose to third parties personal information gathered online about you without your consent. The only exceptions to this rule are: (i)
when Endeavor works with affiliated businesses, partners, or agents to develop a relationship with you or to perform services for you on our behalf or (ii) as may be required by subpoena, search warrant, or other legal process or in the case of imminent physical harm to you or others. In the case of (i) above, we require the relevant businesses, partners, or agents to adhere to our policies regarding the use and protection of your personal information. (Back To Top) E-mail Communication Endeavor and its affiliated businesses, partners, and agents may use e-mail to communicate with customers, respond to visitors’ e-mails, or to inform you about events or new products. Endeavor will not send commercial solicitation via e-mail to you if you request that it not be sent. (Back To Top) Modifications ENDEAVOR reserves the right to modify this Privacy Policy based on its sole and absolute discretion from time to time and without prior notice to users. Such modifications shall be effective when posted. (Back To Top) It is Endeavor’s policy to expeditiously respond to clear notices of alleged copyright infringement that comply with the United States Digital Millennium Copyright Act (DMCA). This page describes the information that should be present in these notices. It is designed to make submitting notices of alleged infringement to Endeavor
as straightforward as possible while reducing the number of notices that Endeavor receives that are fraudulent or difficult to understand or verify. The form of notice specified below is consistent with the form suggested by the DMCA, but Endeavor will respond to notices of this form from other jurisdictions as well. It is expected that users of any part of the Endeavor site will comply with applicable copyright laws. However, if Endeavor receives proper notification of claimed
copyright infringement, our response to these notices will include removing or disabling access to the material claimed to be the subject of infringing activity and/or terminating subscribers, regardless of whether Endeavor may be liable for such infringement under United States law or the laws of another jurisdiction. If we remove or disable access in response to such a notice, we will make a good faith attempt to contact the owner or administrator of the affected site or content so that
they may make a counter notification pursuant to Sections 512(g)(2) and (3) of the DMCA. We may also document notices of alleged infringement on which we act. Endeavor’s Designated Agent to receive notification of alleged infringement under the DMCA is: Dennis Johnson Director of Network Operations E-mail: Physical Mail:
2 South West Street, P.O. Box 237, Cloverdale, IN 46120 Upon receipt of proper notification of claimed infringement, Endeavor will follow the procedures outlined herein and in the DMCA. If you believe that your work has been copied in a way that constitutes copyright infringement, or your intellectual property rights have been otherwise violated, please provide Endeavor’s Registered Agent listed above the following information in a written
communication (preferably by e-mail): Please note that you may be liable for damages (including costs and attorneys’ fees) if you materially misrepresent that
material is infringing your copyrights. Accordingly, if you are not sure whether material available online infringes your copyright, we suggest that you first contact an attorney. A provider of content subject to a claim of infringement may make a counter notification pursuant to sections 512(g)(2) and (3) of the DMCA. To file a counter notification with us, please provide Endeavor’s Registered Agent (listed above) the following information in a
written communication (preferably via e-mail): Upon receipt of such counter notification, Endeavor will promptly provide the person who
provided the original infringement notification with a copy of the counter notification, and inform that person that Endeavor will replace the removed material or cease disabling access to it in 10 business days. Endeavor will replace the removed material and cease disabling access to it not less than 10, nor more than 14, business days following receipt of the counter notice, unless our Designated Agent first receives notice from the person who submitted the original infringement
notification that such person has filed an action seeking a court order to restrain the subscriber from engaging in infringing activity relating to the material on our system or network. In accordance with Section 512(i)(1)(a) of the DMCA, Endeavor will, in appropriate circumstances, disable and/or terminate the accounts of users who are repeat infringers. It is Endeavor’s policy to accommodate and not
interfere with standard technical measures used by copyright owners to identify or protect copyrighted works that Endeavor determines are reasonable under the circumstances. You have the right to stop receiving unwanted marketing phone calls at home. The Federal government created a National Do Not Call Registry to make it easier for
residential telephone customers to stop getting telemarketing calls they don’t want. It’s convenient, efficient and it’s FREE. There are certain exceptions that apply to the Do Not Call Registry. It does not cover the following: To register, file a complaint or for more information visit www.donotcall.gov or call 1.888.382.1222, (TTY) 1.866.290.4236 Bills are mailed on the 1st of the month. Current charges
are due upon receipt. Charges are delinquent after the due date of the 24th of the month and a $5 penalty applies. If payment is not received on or before the second Wednesday of the following month, disruption of service may occur and a reconnection fee will apply. For your convenience in making payments, we accept Cash, Checks or Credit Cards (Visa, Discover, and Mastercard) in our local offices in Cloverdale. You may also make a credit card payment 24/7 on our
automated secure payment system at 1-855-313-6315. Your account number and pin are required when calling the automated system. You may also access and pay your bill online by going to weendeavor.smarthub.coop. Reconnect Fee* A $75.00 reconnect fee will be applied if past due charges are paid within thirty (30) days of disconnection to restore service. Disconnected Customer Equipment Charges*
Thirty (30) days after disconnection the following charges will be added to a customer’s past due balance for equipment that has not been returned to Endeavor: $250.00 for the indoor ONT box; $100 per plume (whole home wifi device), $225.00 per set-top box; and $25 for each power supply cord. To re-establish service more than thirty (30) days after disconnection a new activation charge will apply and a security deposit may be required. Customers have
120 days from the disconnection of service date to return any equipment including ONT indoor boxes, plume (whole home wifi devices), set-top boxes (TV receiver boxes), power supplies, etc. If the equipment is returned before the 120-day deadline, the customer’s past due balance will be reduced by the corresponding amounts listed above. Approximately 120 days after a permanent disconnection of service, an account with a past due balance will be sent to a collection
agency. When an account enters the collection process, all equipment becomes the property of the customer. Endeavor will not accept the return of any equipment past this date nor will it utilize this equipment for future services. If you wish to contact us at any time, please call Endeavor Communications at 765.795.4261 during business hours, write to us at Endeavor Communications, PO Box 237, Cloverdale, IN 46120, or email us at
. This policy concurs with the Rules, Regulations, and Standards of Service for Telephone Utilities of Indiana. *Subject to change based on credit history. BY ACCEPTING THESE HOSTED COMMUNICATIONS SOLUTIONS TERMS AND CONDITIONS, YOU ACKNOWLEDGE THAT YOU HAVE READ, UNDERSTAND AND AGREE TO THE TERMS AND CONDITIONS BELOW. ALL SERVICE ORDERS AND SERVICES ARE SUBJECT TO THESE TERMS AND CONDITIONS. These Hosted Communications Solutions Terms and Conditions (the “Agreement”) are entered into by and between, Clay County Rural Telephone Cooperative, Inc. (d/b/a/ Endeavor Communications) and the
customer purchasing products or services from Provider (“Customer”). The following terms will have the meanings set forth below. 1.1. “Customer Data” means any data, information or other materials of any nature whatsoever provided to Provider by Customer or a User in the course of implementing or using the Services. 1.2. “Service Descriptions” means user manuals and other documentation relating to
the Services that are made available to Customer by Provider in digital or hardcopy form, as updated from time to time. 1.3. “Service Fee” or “Service Fees” means the monthly or annual fees set forth in the Service Order to be paid by Customer to Provider as consideration for Provider’s provision to Customer of the Services, but does not include usage fees, taxes or regulatory fees or surcharges, which Customer must pay in addition to the Service Fees. 1.4. “Service
Order” means an order for Services or products. 1.5. “Service Plan” means the monthly or annual subscription plan a Customer agrees to in the Service Order. 1.6. “Service Order Addendum” means a Service Order agreed to by Customer subsequent to the initial Service Order. 1.7. “Services” means the products or services that are being provided to Customer as described in the Service Order, including any Additional
Services set forth in a Service Order Addendum accepted by Provider. 1.8. “Software” means any proprietary software owned by, licensed by or which Provider has a right to sublicense that is used in or used to provide the Services. “Software” includes, without limitation, any application that Provider makes available to the Customer for use on a mobile device. 1.9. “User” means a user of the software, client, mobile application or other
web-based application, equipment, feature or functionality provided by Provider in conjunction with the Services. 2.1. Generally. Provider will provide the Services set forth in an accepted Service Order subject to the terms and conditions of this Agreement. Provider hereby grants Customer limited, the Service Order, for Customer’s own internal business purposes. Provider grants Customer a limited,
revocable, non-exclusive, non-transferable access to the Services for use by the number of Users set forth in the Service Order, for Customer’s own internal business purposes. Provider grants Customer a limited, revocable, non-exclusive, non-transferable right to use the Services Descriptions in connection with its use of the Services. Each Service Order will be subject to Provider’s acceptance, which will be deemed given if Provider thereafter provides the Services to Customer. 2.2.
Conditions. Customer agrees that Provider’s obligations to provide the Services are expressly conditioned upon (a) Customer’s payment of the fees as and when due, and (b) Customer’s satisfaction of the technical requirements set forth in the Services Descriptions for the Services made available to Customer by Provider, as the same may be updated by Provider from time to time. 2.3. Additional Services. Customer may request an
increase in Users or additional Services at any time during the Term (any such increase, “Additional Services”) by submitting a Service Order Addendum setting forth the specific Additional Services desired. Each Service Order Addendum will be subject to Provider’s acceptance, which will be deemed given if Provider thereafter provides the Additional Services to Customer. Upon acceptance by Provider, such Service Order Addendum will be deemed an amendment to the Agreement, subject to all of the
terms and conditions herein, and the Service Fees will be increased to reflect the Additional Services, subject to the same pricing and payment terms as are set forth in the Service Order or the Service Order Addendum as applicable. This Agreement will commence on the date Provider accepts the Service Order and will continue for the period of time specified in the Service Order (the “Initial Term”). At the end of the Initial Term, the Agreement will
automatically renew for an additional one-year period (a “Renewal Term”), and will renew at the end of each Renewal Term for an additional one-year Renewal Term, unless either party provides the other party, at least thirty (30) days prior to the end of the Initial Term or applicable Renewal Term, written notification in accordance with Section 20.1 of its desire to cancel the Services. The Initial Term and any Renewal Terms are collectively the “Term”. 4.1.
Early Termination by Customer. If Customer terminates the Agreement, or some of the Services provided under the Agreement, before the end of the Initial Term or any Renewal Term (the “Terminated Term”), Provider will charge Customer, and Customer will pay, an early termination charge equal to 100% of the monthly Service Fee for the terminated Services, multiplied by the number of months remaining in the Terminated Term on the date of termination. The early termination charge is in
addition to the full monthly Service Fee payable for the month of, and months prior to, termination. Provider will also charge Customer, and Customer will pay, (a) any unpaid recurring or non-recurring charges waived by Provider at the beginning of or during the Terminated Term, and (b) the difference between the MSRP and the price paid by Customer for any equipment purchased at the beginning of or during the Terminated Term. If Customer or its User transfers or ports its phone number to a
service provider other than Provider, Customer must also contact Provider to terminate the Services provided to Customer by Provider. 4.2. Termination by Provider. (a) Provider is entitled, at its sole discretion, to suspend, terminate or change the Services without advance notice upon any misuse of the Services in any way, Customer’s breach of the Agreement, Customer’s failure to pay any sum due hereunder, suspected fraud or other activity by
Customer or a User that adversely affects the Services, Provider, Provider’s network or another customer’s use of the Services. Provider will be entitled to determine, at its sole discretion, what constitutes misuse of the Services, and Customer agrees that Provider’s determination is final and binding on Customer. Provider may require, and if required, Customer will pay, an activation fee as a condition to changing or resuming a terminated or suspended account. (b) Provider
is entitled to terminate any affected portion of the Services if: (i) Provider is prohibited by law from providing such portion of the Services; or (ii) any material rate or term contained herein and relevant to the affected Services is substantially changed by or as a result of any regulation or order issued by any court of competent jurisdiction, the Federal Communications Commission (FCC), any other local, state or federal government authority, or any carrier or Internet service provider. (c) Upon termination of this Agreement under this Section 4.2, Customer will be responsible for the full monthly Service Fee for the month in which termination occurs, in addition to any accrued but unpaid usage and other charges. 5.1. Payment of Service Fees. Customer will pay the Service Fees for Services ordered by Customer, and all other amounts due under the Agreement, pursuant
to the terms of this Section 5. 5.2.Credit. The provision of Services is contingent upon establishment of and continuing credit approval by Provider. Customer hereby consents to Provider’s procurement of a credit score or report regarding Customer. At any time during the Term, Provider is entitled to require a deposit or other acceptable form of security from Customer, as it deems appropriate. In addition, if requested by Provider, Customer agrees to
provide, within two (2) business days of request, appropriate financial records to evaluate Customer’s continuing ability to pay. Provider may, immediately and without notice, suspend or terminate the Services if Customer fails to comply with these security obligations. Upon a payment default by Customer not cured in a timely manner, Provider will have the right to offset against any security or deposit held any amounts owed to Provider by Customer, and to invoice and collect all other amounts
owed. 5.3.Billing. Provider will provide Customer with a monthly online billing statement for the Services provided each calendar month and bill all charges invoiced to Customer’s account. Such charges will include monthly service fees, storage charges, activation charges, equipment charges, toll charges, shipping charges, taxes, regulatory recovery fees and any other applicable charges. Monthly Service Fees will be paid in advance of each month’s
service; any variable charges associated with usage and any other applicable charges associated with such usage shall be billed in arrears. Billing for monthly Service Fees commences upon ordering of the Services, and monthly Services Fees will be billed pro rata in the months in which such Services commence. Customer agrees to provide Provider with complete and accurate contact and payment information, which may include Customer’s credit card information and Customer, agrees to advise Provider
of any changes thereto. To the extent Customer’s payment method is by credit card, Customer authorizes Provider to charge Customer’s credit card automatically to pay for Customer’s charges. If a charge to Customer’s credit card is declined or reversed, or if the account or credit card has expired or been suspended or closed, or if Customer fails to provide Provider with accurate or complete credit card information, Provider may suspend or terminate the Services. 5.4.
Late/Non-payment. If any charges for the Services are due but unpaid for any reason, Provider may suspend or terminate the Services and all accrued charges will be immediately due, plus a late fee of $5.00 per month. A fee may also be charged to activate a suspended or terminated account. No suspension or termination of the Services or of this Agreement will relieve Customer from paying any amounts due hereunder. 5.5. Taxes. All Service Fees and other
charges are exclusive of any taxes, surcharges, public utility fees and regulatory fees (including, without limitation, Universal Service Fees and E911 taxes). Such taxes and fees will be billed by Provider and paid by Customer. Taxes and regulatory fees may increase during the Term, and Customer will pay such increased fees commencing with the next monthly bill. Should Customer claim an exemption of any taxes or regulatory fees, Customer must provide official documented and certified proof of
such exemption. In no event will Provider be liable for any taxes due by Customer or its User, and Customer will defend, indemnify and hold harmless Provider if any claim for taxes or fees is made. If any amounts paid for the Services are refunded by Provider, applicable taxes and regulatory fees may not be refundable. 5.6. Regulatory Recovery Fee. A regulatory recovery fee may be charged monthly to offset costs incurred by Provider in complying with inquiries and
obligations imposed by federal, state and municipal regulatory authorities and the related legal and billing expenses. This fee is not a tax or charge required or assessed by any government. The regulatory recovery fee will apply to every phone number assigned, including toll free and virtual numbers. The regulatory recovery fee may increase during the Term, and Customer will pay such increased fee commencing with the next monthly bill. 5.7. Service Fee Changes. Provider
may change the Service Fees, the types of Service Plans and any additional usage charges without advance notice. Provider will post such changes to its website (http://www.weendeavor.com). Notwithstanding the foregoing, the Service Fees agreed upon in Customer’s Service Order will not be increased during the Initial Term. With respect to any Renewal Term, the Customer will be charged Provider’s then-current Service Fees in effect at
the commencement of the Renewal Term. 5.8. Availability. Customer acknowledges and agrees that the Services may not be available 100% of the time. Additionally, Services will not be available in the event of interruption in Customer’s or its User’s internet or broadband service. Provider will not credit Customer for any interruptions in Service. 5.9. Discounts. From time to time in its sole discretion, Provider may offer promotions or discounts. Any promotion or discount codes must be provided to Provider upon purchase of the Services. Customer will not be entitled to a subsequent credit for such promotions or discounts if not requested at the time of account creation or change of Service. Promotions and/or discounts may not be used cumulatively or be used for Services retroactively. 5.10. Billing Disputes. Customer must dispute any charges for the Services in writing to within thirty (30) days of the date of the charge by Provider, or Customer waives any objection and further recourse with regard to such charges. Notwithstanding the foregoing, Customer shall pay all undisputed charges in accordance with this Agreement. 5.11. Usage Charges. Every call using the Services that originates or terminates in the Public Switched Telephone Network (“PSTN”), including without limitation other VoIP networks, accrues applicable toll charges. Customer will not be charged for monthly usage within the limits of its then-current Service Plan. Usage which exceeds the limits, if any, of Customer’s then-current Service Plan will be charged to Customer in accordance with the Service Descriptions. 6. TELEPHONE NUMBERAny telephone number provided by Provider (“Number”) to the Customer will be leased and not sold. Provider reserves the right to change, cancel or move the Number should Provider reasonably determine, its sole discretion, that it is required to do so as a result of its agreements with its underlying services providers or for other business purposes related to the provision of the Services. 7. PRIVACYThe Services use the public Internet and third-party networks to transmit voice communications and data. Provider is not liable for the interception, use or disclosure of Customer’s or its User’s voice communications or data. Provider does not represent, warrant or covenant that the Services will maintain the privacy or security of Customer’s or its Users’ voice communications or data. Customer agrees that Provider is entitled to monitor Customer’s and Users’ use of the Services to protect, maintain, or improve the Services; to prevent fraud or misrepresentation by affirmative acts and/or omissions; to protect Provider, its customers or other third parties affiliated with Provider; or for any other good cause. If required by law, Customer will inform its Users that Provider may monitor the Users’ communications and store and use the Users’ personally identifiable information as necessary to provide the Services. For Provider’s Privacy Policy, please visit http://www.weendeavor.com. 8. LICENSE; PROHIBITED USES; CUSTOMER RESPONSIBILITIES; LIMITATIONS
9. USE AND STORAGEProvider reserves the right to establish or modify general practices and limits concerning use of the Services and Software, including, without limitation, the maximum number of days that content will be retained by the Service and the maximum disk space or bandwidth capacity that will be allotted on servers owned or operated by Provider on Customer’s behalf. Where practical, Provider will provide Customer with prior notice of such new or modified practices; provided, however, that Provider will have the absolute right to implement such new or modified practices without prior notice in its sole discretion and without liability of any kind. 10. ELECTRONIC RECORDINGCustomer agrees that there are federal and state statutes governing the electronic recording of telephone conversations and that Provider will not be liable for any illegal use of any recording services provided to Customer or its Users. It is Customer’s responsibility to determine if the electronic recordings are legal under applicable federal and state laws and to comply with those laws. Customer will defend, indemnify and hold harmless Provider for any claims, damages, fines, penalties or costs (including, without limitation, attorneys’ fees) arising out of Customer’s or its User’s failure to adhere to applicable electronic recording laws. 11. RESPONSIBILITY FOR REGISTRATION INFORMATION AND CONTENT OF CUSTOMER COMMUNICATIONSCustomer is solely responsible for maintaining the confidentiality of Customer’s account login information (including, without limitation, its Users’ account login information), and will not allow a third party to use the Services. Customer is solely responsible for any and all activities that occur under Customer’s account or its User’s account, including, without limitation, fraudulent use of the account. Customer and its Users must comply with laws regarding online behavior, acceptable content and the transmission of equipment and information under applicable export laws. Customer also agrees to comply with applicable local rules or codes of conduct (including, if applicable, codes of conduct or policies imposed by employers) regarding online behavior and acceptable content. Use of the Services is void where prohibited. Customer will immediately notify Provider of any unauthorized use of Customer’s account or its User’s account or any other breach of security related to Customer’s account, its User’s account or the Provider Services. Customer and each User must “log off” at the end of each session. Provider is not liable for any loss or damage arising from Customer’s or its User’s failure to comply with any of the foregoing obligations. In consideration for using the Provider Services, Customer will: (a) provide certain current, complete and accurate information about Customer and Users when prompted to do so by the Provider Services, and (b) maintain and update this information as required to keep it current, complete and accurate. Customer agrees that Customer is solely responsible for the content of all visual, written or audible communications (“Content”) sent, displayed or uploaded by Customer or a User in using the Services. Although Provider is not responsible for any such communications, Provider may reject or remove any Content that violates a law or this Agreement. Customer or the User retains copyright and any other rights already held in Content that Customer or the User submits, posts or displays on or through, the Services, or any music or ring-tones Customer or a User uses in connection with the Service. Customer understands and agrees that by displaying, exchanging or uploading Content to a Provider website, transmitting Content using the Services or otherwise providing Content to Provider, Customer automatically grants (and warrants and represents that it has a right to grant) to Provider a world-wide, royalty-free, sub-licensable (so Provider affiliates, contractors, resellers and partners can deliver the Services) perpetual, irrevocable license to use, modify, publicly perform, publicly display, reproduce and distribute the Content in the course of offering the Services, including, without limitation, on associated websites (“Sites”). Furthermore, Customer represents and warrants that it has all necessary consents and rights to transmit Content and other communications from its users to Provider. 12. RESPONSIBILITY FOR CONTENT OF OTHERSCustomer acknowledges that Users may violate one or more of the above prohibitions, but Provider assumes no responsibility or liability for such violation. If Customer becomes aware of misuse of the Services by any person, entity or organization, Customer agrees to contact Provider Customer Support at 800-922-6677 or . Provider may investigate any complaints and violations that come to its attention and may take any action that it believes is appropriate, including, but not limited to, issuing warnings, removing the content or terminating accounts and/or User profiles. Under no circumstances will Provider be liable in any way for any data or other content available on a Site or actions taken while using the Services, including, but not limited to, any errors or omissions in any such data, content or activity or any loss or damage of any kind incurred as a result of the use of, access to or denial of access to any data, content or activities on a Site. Provider does not endorse and has no control over what Users post, submit to or do on a Site. Customer acknowledges that Provider cannot guarantee the accuracy of any information submitted by any User of a Site, nor any personally identifiable information about any User. Provider reserves the right, in its sole discretion, to reject or remove content. 13. EMERGENCY 911 SERVICES
14. DISCLAIMER AND LIMITATION OF LIABILITYPROVIDER DISCLAIMS ALL WARRANTIES, EXPRESS, IMPLIED, STATUTORY OR ARISING FROM A COURSE OF DEALING OR PERFORMANCE OR CUSTOM, WITH RESPECT TO THE SERVICES, EQUIPMENT, AND ANY OTHER PROVIDER PRODUCTS, SERVICES OR EQUIPMENT PROVIDED HEREUNDER, INCLUDING, BUT NOT LIMITED TO, WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, PERFORMANCE IN A WORKMAN-LIKE MANNER, COMPLIANCE WITH LAWS, QUALITY, ACCURACY, COMPLETENESS OR CURRENCY OF INFORMATION, SYSTEM INTEGRABILITY, TITLE, QUIET ENJOYMENT AND NON-INFRINGEMENT. PROVIDER DOES NOT REPRESENT, WARRANT OR COVENANT THAT THE PRODUCTS, SERVICES OR EQUIPMENT PROVIDED WILL OPERATE UNINTERRUPTED, ERROR FREE OR WITHOUT DEGRADATION OR LOSS OF DATA, OR BE SECURE. NEITHER PROVIDER NOR ITS SERVICE PROVIDERS WILL BE LIABLE FOR UNAUTHORIZED ACCESS TO OR ALTERATION, THEFT OR DESTRUCTION OF CUSTOMER’S OR A USER’S DATA FILES, PROGRAMS, PROCEDURES OR INFORMATION, INCLUDING, WITHOUT LIMITATION, ANY SUCH DATA IN PROVIDER’S POSSESSION, CUSTODY OR CONTROL, THROUGH ACCIDENT, FRAUDULENT MEANS OR DEVICES, OR ANY OTHER METHOD, REGARDLESS OF WHETHER SUCH DAMAGE OCCURS AS A RESULT OF PROVIDER’S OR ITS SERVICE PROVIDER’S NEGLIGENCE. IN NO EVENT WILL PROVIDER OR ITS AFFILIATE, SERVICE PROVIDER, FACILITY OPERATOR OR CARRIER, OR THEIR RESPECTIVE OWNERS, DIRECTORS, MANAGERS, OFFICERS, EMPLOYEES OR AGENTS (COLLECTIVELY, “PROVIDER PARTIES”) BE LIABLE FOR ANY DIRECT, ACTUAL, INDIRECT, CONSEQUENTIAL, SPECIAL, PUNITIVE OR OTHER DAMAGES, OR FOR ANY COST OF COVER OR LOST PROFITS OF ANY KIND OR NATURE WHATSOEVER, ARISING FROM OR RELATED TO THIS AGREEMENT OR A PROVIDER PARTY’S PERFORMANCE OR NONPERFORMANCE OF OBLIGATIONS HEREUNDER, A FAILURE OF OR A DEFECT IN THE SERVICES, EQUIPMENT OR ANY PRODUCT, A PROVIDER PARTY’S VIOLATION OF A THIRD PARTY’S RIGHT, OR A PROVIDER PARTY’S ACTS OR OMISSIONS. PROVIDER WILL NOT BE LIABLE FOR THE ACTS OR OMISSIONS OF, A FAILURE OF OR A DEFECT IN ANY PRODUCT OR SERVICE PROVIDED BY, OR VIOLATION OF ANY THIRD PARTY’S RIGHTS BY ANY THIRD-PARTY SERVICE PROVIDER, FACILITY OPERATOR OR CARRIER. THE PROVIDER PARTIES’ MAXIMUM TOTAL LIABILITY TO CUSTOMER WILL NOT EXCEED THE AMOUNTS PAID BY CUSTOMER TO PROVIDER IN THE THREE (3) MONTHS PRECEDING THE DATE THE CLAIM ACCRUED. THE PROVIDER PARTIES WILL NOT BE LIABLE IN ANY WAY TO ANY USER. 15. INDEMNIFICATIONCustomer will defend the Provider Parties, at Customer’s expense, against any third-party claim or action, and indemnify and hold harmless the Provider Parties from any and all losses, damages, liabilities, penalties, settlement obligations, costs, attorneys’ fees and other legal expenses related to such third-party claim or action, arising from or related to: (a) Customer’s breach of this Agreement or an agreement between Customer and a third party; (b) Customer’s violation, infringement or misappropriation of the third party’s intellectual property or other rights in Customer’s use of the Services; (c) Customer’s violation of the third party’s privacy, publicity, personality or other rights; (d) Customer’s fraud in use of the Services or fraud or misrepresentation regarding the nature or volume of Customer’s traffic; (e) Customer’s violation of an applicable law; (f) bodily injury, death or property damage to the extent such claim or action arises from the negligence, gross negligence or willful misconduct of Customer, or in the case where strict liability applies; (g) Customer’s business, acts or omissions; or (h) acts or omissions by Users that, if done by Customer, would constitute a breach of this Agreement. Customer will not settle any claim or action without Provider’s prior written consent. Provider will have the option, at its expense, to participate in the defense or settlement of the claim or action with counsel of its own choosing. If a conflict of interests arises or exists between the parties or if Provider has a good faith belief that its rights are being harmed by the counsel selected by Customer, Provider will have the right to retain separate counsel to represent its interests at Customer’s sole cost and expense. Customer will not settle any claim without Provider’s prior written consent. 16. EQUIPMENT
17. MOBILE APPLICATIONProvider may make a mobile application for the Services available to Customer. Subject to this Agreement, Provider grants to Customer a limited, personal, revocable, nonexclusive, non-transferable and non-sublicensable license to install and use the mobile application during the Term. Customer has no other rights in or to the mobile application. The mobile application is licensed, not sold. The terms of this Agreement apply to any updated, upgraded or new versions of the mobile application. Use of the mobile application constitutes use of the Services. Provider may require Users to agree to additional terms and conditions governing use of the mobile application, and Customer agrees that its Users will not be permitted to use the mobile application unless they agree to such terms and conditions. Customer agrees that from time to time and without notice Provider may amend, modify, update or upgrade the mobile application or create new versions of the mobile application. Customer agrees that Provider may automatically update the version of the mobile application that a User is using on a mobile device. Customer consents, on behalf of itself and its Users, to such updating on mobile devices. Updates may cause Customer or a User to lose data, and Provider will not be liable for such loss. Customer agrees that Provider has no obligation to provide support, maintenance or updates for or to the mobile application. To the extent the mobile application contains any third-party software, Customer’s and User’s rights and obligations with respect to such software will be subject to and governed by the third party’s terms and conditions. Provider does not make a representation or warranty that the mobile application will operate on any particular device or operating system. The mobile application is commercial computer software, and to the extent any U.S. government agency uses the mobile application, the U.S. government is only granted the limited rights granted to all other Provider customers. Provider is not a wireless licensee of the FCC, and the mobile application will not be able to provide access to E911 service unless Customer subscribes to wireless service that complies with the FCC’s E911 program, as further explained in Section 13.6. 18. INTELLECTUAL PROPERTYThe Services and Software, and all intellectual property therein, are and will remain the exclusive property of Provider. Provider reserves all rights not expressly granted under this Agreement. The Software may contain third-party software that is subject to the terms and conditions of third-party licenses. Neither Customer, Users nor any other third party has a right to inspect, possess, use, copy, or attempt to discover the source code of (or any portion of) the Software, except to the extent that Customer, a User or a third party is expressly permitted to decompile the Software under applicable law and Customer, the User or the third party notifies Provider in writing in advance of its intention to decompile the Software and its reason for doing so. 19. PORTAL UPGRADES; PHONE NUMBERS AND WEB PORTAL DISCONTINUANCEProvider may update the Customer and User portals, and Customer agrees that Service may be unavailable during the implementation of such updates. Upon expiration, cancellation or termination of the Services, Customer and Users will relinquish and discontinue use of any accounts, Numbers, voice mail access numbers, and/or web portal Sites assigned to Customer by Provider or its service providers. 20. MISCELLANEOUS
Effective November 13, 2017 1.1 DEFINITIONS
1.1.1 Account
1.1.2 Cancellation Charge
1.1.3 Commission
1.1.4 Custom Local Area Signaling Services (CLASS)
1.1.5 Customer Premises Visit Charge
1.1.6 Customer Premises Inside Wire
1.1.7 Customer-Provided Terminal Equipment
1.1.8 Demarcation Point
1.1.9 Directory Assistance Service
1.1.10 Directory Listing
1.1.11 Disconnect/Reconnect
1.1.12 Early Termination Charge
1.1.13 Exchange
1.1.14 Exchange Area
1.1.15 Exchange Service
1.1.16 Extended Area Service
1.1.17 Installation Charge
1.1.18 Maintenance Service Charge
1.1.19 Service Call
1.1.20 Service Charge
1.1.21 Service Order Charge
1.1.22 Termination of Service
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1.2.1 General
(Back To Top) 1.2.2 Specific Application of Service Charges A. Service Order Charges
B. Customer Premises Visit Charge
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1.4.2 Rates and Charges
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1.5.1 General
1.5.2 Rates and Charges
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1.6.1 General
1.6.2 Rates and Charges
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1.7.1 Lifeline Terms & Conditions Endeavor offers Lifeline program-supported service to qualified low-income residential consumers for one telephone line or qualifying broadband internet access service (BIAS) per eligible household. The Lifeline program provides discounts to eligible low-income consumers to help them establish and maintain telephone service or qualifying BIAS Eligible consumers can receive $9.25 per month in discounts. In addition, the Federal Universal Service Charge is not assessed to consumers participating in Lifeline. Toll blocking prevents the placement of all long-distance calls for which a subscriber would be charged. Toll blocking is available to eligible consumers at no cost. Also, by choosing this option, consumers are usually not charged a deposit. 1.7.2 Lifeline Eligibility Information Program Based Eligibility Consumers are eligible for Lifeline if they, one of their dependents or their household participate in one of the following qualifying assistance programs: – Federal Public Housing Assistance (Section 8) – Supplemental Nutrition Assistance Program (SNAP) – Medicaid – Supplemental Security Income (SSI) – Veteran’s Pension and Survivor Benefit Lifeline applicants must present documentation demonstrating eligibility either through participation in one of the qualifying federal assistance programs or through income-based means. Acceptable documentation of program-based eligibility includes: current or prior year’s statement of benefits from a qualifying state, federal or Tribal program; notice letter of participation in a qualifying state, federal or Tribal program; program participation documents; or another official. Income Based Eligibility In addition, consumers are eligible for Lifeline if their household income is at or below 135% of the federal poverty guidelines. 2022 Federal Poverty Guidelines
Acceptable documentation of income eligibility includes: prior year’s state, federal or Tribal tax return; current income statement from an employer or paycheck stub; social security statement of benefits; Veterans Administration statement of benefits; retirement/pension statement of benefits; unemployment/workmen’s compensation statement of benefits; federal or Tribal notice of letter participating in General Assistance; or a divorce decree or child support award or other official document containing income information. Lifeline Program Service Endeavor’s Voice Lifeline service includes unlimited local minutes-of-use within the toll-free calling area. Endeavor’s Voice Lifeline Plan does not include any free minutes-of-use for toll. Toll is billed at the standard toll rate depending on which interexchange carrier the consumer subscribes to for toll service. As part of the Lifeline service, Toll blocking is available to eligible consumers at no cost. BIAS minimum speed and usage allowance standards are required for the service to qualify. Lifeline recipients may transfer the Lifeline benefit to a new company once every sixty days for telephone service and once every 12 months for BIAS. Rates Subscribers may receive the Lifeline credit on any type or grade of local service, including bundled services that are normally offered by [Company]. Advertised rates do not include any applicable taxes or surcharges. Recertification of Lifeline Eligibility Lifeline recipients are required to recertify their eligibility annually. Failure to properly recertify a recipient’s continued eligibility for the Lifeline program will result in termination of the Lifeline recipient’s monthly Lifeline discount and de-enrollment from the Lifeline Program. Additional Lifeline Program Information The Lifeline program is limited to one benefit per household, consisting of either telephone or BIAS. A household is defined, for purposes of the Lifeline program, as an individual or group of individuals who live together at the same address and share income and expenses. Lifeline is a government benefit program, and consumers who willfully make false statements in order to obtain the benefit can be punished by fine or imprisonment or can be barred from the program. (Back To Top) 1.7.4 Credit and Billing
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1.8.1 General
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1.9.1 General
1.9.2 Rates and Charges
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2.0.1 General
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2.1.1 General
2.1.2 Rates and Charges
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2.2.1 General
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2.3.1 Operator Assisted Charges
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2.4.1 General
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2.5.1 General
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3.1.1 General
3.1.2 Base Rates
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3.2.1 General
3.2.2 Rates
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3.3.1 General
3.3.2 Rates
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INCLUDING THE FOLLOWING INDIANAPOLIS PREFIXES
*NOTE: Some ranges of numbers in these prefixes may generate long distance charges. Call customer service for assistance. (Subject to change without notice.) All Cooperative members in the Monrovia exchange must pay $5.75/month for Extended Area Services. (Back To Top)
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(Back To Top) Digital Subscriber Line Service GuideGENERAL
APPLICATION SECTION 1 GENERAL APPLICATIONThis Service Agreement (“Agreement”) constitutes your agreement with Endeavor Communications (“Endeavor”) for any Services, as defined by this Agreement, you subscribe to or receive from us, to the extent not governed by any governmentally-regulated tariffs or other written agreement between us, which tariffs or other agreement will supersede this agreement only concerning provisions that are not consistent with this Agreement.This Agreement is effective now for customers already subscribing to Services, or the date customers subscribe to Services on or after July 1, 2009. This Agreement incorporates by reference our rates, charges, terms and conditions for Services as posted and amended from time to time, and appears on our Internet website www.weendeavor.com. If you do not have internet access to our website, you may request a written copy of these Prices and Rules by calling or writing to us at the telephone number and address on our bills. Your subscription to, use of, or payment for Services constitutes your acceptance of this Agreement and our Prices and Rules Contact us at 1-800-922-6677 immediately to cancel Services if you do not agree to any part of this Agreement. If you cancel Services, you will be responsible for all usage charges and the pro-rata portion of all monthly recurring charges incurred prior to cancellation. Changes to this Agreement We reserve the right to change the terms and prices of the Services at any time, including this Agreement and the Prices and Rules incorporated in this Agreement. You will be provided written notice of changes in pricing and other terms and conditions relative to this Agreement in accordance with Section 9. The change will become effective on the date described in the notice. We will not provide notice to you regarding price decreases or the expiration of promotional pricing, offers, and terms. We will not provide notice of changes to applicable taxes or surcharges, unless required by law or regulation, but we may post such changes to the Prices and Rules page on our Website. Your continued use of the Services after any change constitutes your acceptance of any such changes in the Prices and Rules. Your sole remedy for any changes made by us is your right to cancel the affected Service or terminate this Agreement. THIS AGREEMENT REQUIRES THE USE OF ARBITRATION AND WAIVES ANY RIGHT TO TRIAL BY JURY TO RESOLVE CERTAIN DISPUTES AND OTHERWISE LIMITS THE REMEDIES AVAILABLE TO YOU IN THE EVENT OF A DISPUTE. You should carefully read all terms in this Agreement, including a Mandatory Arbitration of disputes provision. (Back To Top) SECTION 2 DEFINITIONS
(Back To Top) SECTION 3 SERVICE PROVISION AND USE
(Back To Top) SECTION 4 CHARGES AND PAYMENT
(Back To Top) SECTION 5 TERMINATION OF SERVICE
(Back To Top) SECTION 6 DISCLAIMER OF WARRANTIES
(Back To Top) SECTION 7 LIMITATION OF LIABILITY
(Back To Top) SECTION 8 DISPUTE RESOLUTION
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(Back To Top) Terms and Conditions of Services ENDEAVOR COMMUNICATIONS FOR WIRELESS PHONE SERVICESIf you activated your Endeavor Communications Wireless Phone Services before the effective date of these terms and conditions, these terms and conditions replace and supersede any previous terms and conditions. The terms and conditions included with your mobile phone may not be the most current version. For the most current version of the terms and conditions, please visit our website at www.weendeavor.com or call Customer Care at 1.800.922.6677.
Endeavor’s credit promotion offer(s) are based on a 1 or 2-year agreement. If you terminate or downgrade your agreement within the first 12 months, you will be subject to a charge back penalty. Certain restrictions may apply. Endeavor Communications does not manufacture the wireless devices or equipment used by customers for its services. Endeavor Communications disclaims any harm that may result from the use or misuse of any wireless device or equipment provided by Endeavor Communications for use of its Services. Verizon Wireless® and Sprint PCS® provide access to their Networks for Endeavor Communications subscribers but are not responsible for quality, billing, customer care, warranty, maintenance, or other aspects of subscriber service. Verizon Wireless® is a registered trademark of Verizon Wireless Communications Company L.P. Sprint PCS® is a registered trademark of Sprint PCS. ENDEAVOR’S GIG FOR LIFE INTERNET SERVICE – Customer speed experiences will vary, particularly when accessing the Internet wirelessly from various devices. Download speeds are via a wired connection. Internet speeds are not guaranteed due to conditions outside of network control, including customer location, devices, equipment, and access through a wired or wireless connection. Service and offer are not available everywhere. Residential customers only. Limited time offer. Credit check, deposit or prepayment with a credit or debit card may be required. Rate requires new Internet subscription and paperless billing. If paperless billing is cancelled or not activated in a timely manner, the then-current standard rate and term will apply. Endeavor provided ONT/Router may be required for Internet; lease (subject to increase, even with Gig for Life). Tech installation fee (up to $100) may or may not apply depending on time of contract signature. Month to month (referred to as “no contract”) service means no term commitment and may be cancelled at any time without an early termination fee. When cancelling service on any day other than the last day of your billing cycle, all monthly rates, fees, and taxes, will apply in full and payments received for unused service will not be refunded or credited to account. Plan cannot be combined with other promotions. Customer must remain in good standing and offer terminates if customer changes their account in any manner, including change of address (even if plan is available), change to service, and service suspension (Vacation Program) or disconnection willingly or for non-pay. Endeavor’s terms and conditions of service, as amended from time to time, apply. Other than promotional rates, plans with monthly rates that don’t change, and monthly rates offered with a term commitment, your monthly rates for services, leased equipment, fees, or surcharges are not guaranteed and may increase during the time of your service. Additional restrictions may apply. Endeavor may change, cancel, or substitute offers and services, or vary them by service area, at its sole discretion without notice for new subscribers. Moreover, federal and state taxes, charges and other regulatory fees are not included in the price. Service automatically renews monthly until cancelled by customer. Clay County Rural Telephone Cooperative, Inc.(d/b/a Endeavor Communications)NETWORK MANAGEMENT STATEMENTEndeavor Communications commits to the open and non‐discriminatory use of the Internet by its customers and commits to use reasonable network management practices to ensure an open Internet. Endeavor Communications will manage its network and provide access in accordance with the Federal Communications Commission’s (FCC’s) Open Internet Rules (adopted December 21, 2010 in 25 FCC Rcd 17905) and in compliance with any future rules adopted by the FCC. TRANSPARENCYEndeavor Communications shall make available public information on its website (www.weendeavor.com), regarding its network management practices, performance and commercial terms of its service sufficient for consumers to make an informed choice regarding their use of such services. NETWORK SECURITY AND CONGESTION MANAGEMENTEndeavor Communications uses generally accepted technical measures to provide acceptable service levels to all customers, such as application‐neutral bandwidth allocation, as well as measures to address service attacks, illegal content and other harmful activities to protect network integrity and reliability. Endeavor Communications monitors customer usage to efficiently manage the performance of the network to ensure a sustainable quality broadband service is provided. Peak network usage is between 4 pm and 11 pm Monday – Friday and 10 am – 11 pm Saturday and Sunday. During peak usage times, priority is given to applications such as browsing, email, streaming, instant messaging, gaming and VoIP. Congestion due to malfunctioning hardware and/or software will be remedied as quickly as network engineers can diagnose and identify the offending hardware / software. Congestion due to malice will be remedied using any technique available, including protocol‐aware filtering and rate‐limiting, to control and limit the offending source. Endeavor Communications may seek criminal charges against those who inflict network malice. Endeavor Communications may also attempt to recover costs incurred from network malice. It is not acceptable to use the Endeavor Communications network for any purpose that violates local, state or federal laws or to transmit communications that might be highly offensive or damaging to any recipients or to use the service in a manner that is unintended. It is not acceptable to interfere with, violate, circumvent, misuse, distribute or disrupt network users, equipment or services, which include but are not limited to:
Endeavor Communications provides Spam filtering with each customer’s email address. Details of this service are listed on Endeavor Communications website. Endeavor Communications will not ask you for your password in an unsolicited telephone call or email. If you believe your password has been compromised, you should immediately change your password to prevent the unauthorized use of it. BLOCKINGEndeavor Communications shall not unjustly or unreasonably block access to lawful content, applications, services or non‐harmful devices, subject to reasonable network management. DISCRIMINATIONEndeavor Communications shall not unreasonably discriminate in transmitting lawful network traffic over a consumer’s broadband Internet access service, subject to reasonable network management practices. PRICINGPlease click on the following website link for pricing information including monthly prices and fees for early termination or additional network services: www.weendeavor.com/internet CONTACT INFORMATIONIf you have any questions regarding this policy, please contact Endeavor Communications customer service at: 1‐800‐922‐6677 TABLE OF CONTENTS CHILDREN’S PRIVACY POLICY Clay County Rural telephone Cooperative, Inc., dba Endeavor Communications (Endeavor), is committed to protecting your privacy and developing/using technology that gives you a powerful and safe online experience. This Statement of Privacy applies to Endeavor Communications and its website and governs data collection and usage. By using the Endeavor services, including the website, you consent to the data practices described in this statement. SECTION 1 CHILDREN’S PRIVACY POLICYBecause we care about the safety and privacy of children online, we comply with the Children’s Online Privacy Protection Act of 1998 (COPPA). COPPA and its accompanying FTC regulations establish United States federal law that
protects the privacy of children using the Internet. We do not knowingly contact or collect personal information from children under 13 nor is our site intended to solicit information of any kind from children under 13. (Back To Top) SECTION 2 COLLECTION OF YOUR PERSONAL INFORMATIONEndeavor and/or the Endeavor website collects personally identifiable information you provide directly to us in the course of conducting business. This information can include name, address, e-mail address, telephone number, date of birth, social security number, etc. This personally identifiable information is only used to conduct business with you, provide you with specific services and/or communicate with you. We may also use this information to send you information about new products and services. If you create a personal account with us and provide us with the above information for the purpose of conducting business, you authorize us to store that information. Endeavor and/or the Endeavor website also collects anonymous demographic information, which is not unique to you, such as your ZIP code, age, gender, preferences, interests and favorites. Other anonymous information collected would include the number of lines, products/services used on a monthly basis, the minutes of use, etc. This generic information keeps us up-to-date on how we are doing compared to others in the industry, Information about your computer hardware and software is automatically collected by Endeavor and/or the Endeavor website. This information can include: your IP address, browser type, domain names, access times and referring web site addresses. This information is used by Endeavor and/or the Endeavor website for the operation of the service, to maintain quality of the service, and to provide general statistics regarding use of the Endeavor website. Please keep in mind that if you directly disclose personally identifiable information or personally sensitive data through the Endeavor website public message boards, this information may be collected and used by others. Note: Endeavor and/or its website does not read any of your private online communications. However, Endeavor and/or its website reserves the right to review materials posted to bulletin board services, chat areas, news groups, forums, communities, personal web pages, calendars, and/or other message or communication facilities designed to enable you to communicate with the public at large or with a group, and to remove any offensive or inappropriate materials in its sole discretion. The Endeavor website may contain links to other web sites (linked sites). The Endeavor Website is providing these links to you only as a convenience, and the linked sites are not under the control of Endeavor and/or its website. Endeavor is not responsible for the privacy policy of any linked site, or the absence of such a policy. Endeavor encourages you to review the privacy statements of linked sites so that you can understand how those linked sites collect, use and share your information. Endeavor and/or its website are not responsible for the privacy policies or other content on websites outside of the Endeavor family of web sites. (Back To Top) SECTION 3 USE OF YOUR PERSONAL INFORMATIONEndeavor collects and uses your personal information to operate and deliver the services you have requested. Endeavor also uses your personally identifiable information to inform you of other products or services available from Endeavor. Endeavor may also contact you via surveys to conduct research about your opinion of current services or of potential new services that may be offered. Endeavor does not sell, rent or lease its customer lists to third parties Endeavor may, from time to time, contact you on behalf of external business partners about a particular offering that may be of interest to you. In those cases, your unique personally identifiable information (e-mail, name, address, telephone number) is not transferred to the third party. In addition, Endeavor may share data with trusted partners to help us perform statistical analysis, send you email or postal mail, provide customer support, or arrange for deliveries. All such third parties are prohibited from using your personal information except to provide these services to Endeavor and they are required to maintain the confidentiality of your information. Email accounts are subject to Google’s Privacy policy and terms of conditions. http://www.google.com/intl/en/policies/privacy http://www.google.com/intl/en/policies/terms/ (Back To Top) SECTION 4 YOUR CUSTOMER PROPRIETARY NETWORK INFORMATION (CPNI) RIGHTSIn the normal course of providing your telephone service, Endeavor maintains certain information about your account. This information, when matched to your name, address and calling or originating billing telephone number, is known as your customer specific “Customer Proprietary Network Information,” or CPNI. As a customer of Endeavor Communications, the FCC has determined that you have a legal right to control certain proprietary information in your account. Under the law, Endeavor has the duty to protect this information, thus, will not use or share this information unless you give us permission to do so. Endeavor reserves the right, afforded by law, to use your CPNI to market additional services to you. The Federal Communications Commission has adopted rules staging that telecommunications related services or features to you if you have requested that the CPNI be considered “restricted/opt-out” for this purpose. If you wish to have your CPNI “restricted/opt-out,” call Endeavor Communications at 765-795-4261. Tell us that you wish to restrict our use of your customer note that restricting your CPNI will not eliminate all of our marketing contacts with CPNI. Also, we are permitted to use your CPNI to contact you about additional services when we already provide you that same type service. Finally, even if your CPNI is restricted, we may still use it to market any other telecommunications services or features with your permission or if you contact us and ask about them. For more detailed information visit www.fcc.gov. (Back To Top) SECTION 5 USE OF COOKIESThe Endeavor website uses “cookies” to help you personalize your online experience. A cookie is a text file that is placed on your hard disk by a web page server. Cookies cannot be used to run programs or deliver viruses to your computer. Cookies are uniquely assigned to you, and can only be read by a web server in the domain that issued the cookie to you. One of the primary purposes of cookies is to provide a convenience feature to save you time. The purpose of a cookie is to tell the web server that you have returned to a specific page. For example, if you personalize Endeavor’s website’s pages, or register with Endeavor website or its services, a cookie helps Endeavor’s website to recall your specific information on subsequent visits. This simplifies the process of recording your personal information, such as billing addresses, shipping addresses, and so on. When you return to the same Endeavor website, the information you previously provided can be retrieved, so you can easily use the Endeavor website features that you customized. You have the ability to accept or
decline cookies. Most Web browsers automatically accept cookies, but you can usually modify your browser setting to decline cookies if you prefer. If you choose to decline cookies, you may not be able to fully experience the interactive features of the Endeavor’s website services or web sites you visit. (Back To Top) SECTION 6 SECURITY OF YOUR PERSONAL INFORMATIONEndeavor and/or its website maintains the personally identifiable information you provide on computer servers in a controlled, secure environment, which is protected by means reasonably designed to prevent unauthorized access, loss, alteration, use or disclosure of such information. When personal information (such as a credit card number) is transmitted to other web sites, it is protected through the use of encryption, such as the Secure Socket Layer (SSL) protocol. However, the nature of the Internet is such that information may be transmitted over networks without appropriate security measures and may be accessed, deleted, altered, used or disclosed by unauthorized persons. (Back To Top) SECTION 7 DISCLAIMER OF LIABILITYEndeavor shall not be held liable for any improper or incorrect use of the information described and/or contained herein and assumes no responsibility for anyone’s use of the information. In no event shall the Endeavor website, Endeavor Communications, or employees of the foregoing be liable for any direct, indirect, incidental, special, exemplary, consequential, or any other damages (including, but not limited to, procurement or substitute goods or services; loss of use, data, or profits; or business interruption) however caused and on any theory of liability, whether in contract, strict liability, or tort (including negligence or otherwise) arising in any way out of the use of this system, even if advised of the possibility of such damage. This disclaimer of liability applies to any damages or injury, including but not limited to those caused by any failure of performance, error, omission, interruption, deletion, defect, delay in operation or transmission, computer virus, communication line failure, theft or destruction or unauthorized access to, alteration of, or use of record, whether for breach of contract, tortuous behavior, negligence or under any other cause of action. (Back To Top) SECTION 8 DISCLAIMER OF WARRANTIES AND ACCURACY OF DATAAlthough the data on Endeavor’s website have been produced and processed from sources believed to be reliable, no warranty, expressed or implied, is made regarding accuracy, adequacy, completeness, legality, reliability or usefulness of any information. This disclaimer applies to both isolated and aggregate uses of the information. ENDEAVOR PROVIDES THIS INFORMATION ON AN “AS IS” BASIS. ALL WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANT ABILITY, FITNESS FOR A PARTICULAR PURPOSE, FREEDOM FROM CONTAMINATION BY COMPUTER VIRUSES AND NON-INFRINGEMENT OF PROPRIETARY RIGHTS ARE DISCLAIMED. Changes may be periodically made to the information herein; these changes may or may not be incorporated in any new version of the publication. If you have obtained information from Endeavor’s web pages from a source other than the official Endeavor website of www.weendeavor.com, be aware that electronic data can be altered subsequent to original distribution. Data can also quickly become out of date. It is recommended that careful attention be paid to the contents of any data associated with a file, and that the originator of the data or information be contacted with any questions regarding appropriate use. If you find any errors or omissions, we encourage you to report them to Marketing, by e-mail at or by writing a letter to our attention at Endeavor Communications, P.O. Box 237, Cloverdale, IN 46120. (Back To Top) SECTION 9 CHOICE OF LAWConstruction of the disclaimers above and resolution of disputes thereof are governed by the laws of the State of Indiana. The laws of the State of Indiana, U.S.A., shall apply to all uses of this data and this system. By use of this system and any data contained therein, the user agrees that the use shall conform to all applicable laws and regulations and user shall not violate the rights of any third parties. Any lawsuit concerning the activities described in this Agreement, including, but not limited to, actions for breach of this Agreement or negligence shall be brought in Putnam County Indiana, which shall be the sole proper venue for the same. (Back To Top) SECTION 10 CHANGES TO THIS STATEMENTEndeavor will occasionally update this Statement of Privacy to reflect company and customer feedback. Endeavor website encourages you to periodically review this Statement to be informed of how Endeavor and/or its website are protecting your information. (Back To Top) SECTION 11 CONTACT INFORMATIONEndeavor and/or its website welcome your comments regarding this Statement of Privacy. If you believe that Endeavor and/or its website have not adhered to this Statement, please contact Endeavor at . We will use commercially reasonable efforts to promptly determine and remedy the problem. This statement applies to the following website only: www.weendeavor.com (Back To Top) SECTION 12 INDIRECT END USER PHONE CONTACT INFORMATION (PERSONAL IDENTIFIABLE INFORMATION)GigTel acts as a data processor with regard to indirect end user personal identifiable information and our Clients act as the data controller of such data. In the course of GigTel processing and protection of such data, all use will be in conformity with the data controllers instructions. Specifically, only when enabled via system permission on GigTel Mobile Android and GigTel Mobile iOS, GigTel shows personal contacts within the respective application. When the user sends an SMS message to one of his/her phone contacts, or when the user initiates a call to one of his/her phone contacts, the phone number is sent securely through the GigTel API. GigTel does not store this number with any other PII, and it cannot be directly or indirectly attributed to any person or persons; GigTel stores only the phone number and pertinent metadata so as to be compliant with all applicable state and federal laws, and GigTel does not share this data with any advertisers or third parties under any circumstances. A user can revoke phone contact access on his/her mobile device at any time, and his/her app experience is not hindered or interrupted. GigTel Mobile Android and iOS also uses Gravatar, only when enabled via Settings and UIConfigs, which is a service that provides avatar images linked to the MD5 hash of the user’s email address. This means that, only when Gravatar use is enabled, we hash each contact’s email address and send it to Gravatar to try and retrieve an avatar image. MD5 hashes cannot be directly or indirectly attributed to any person or persons, and we only send the MD5 hash to Gravatar, never the email address in plain text. As with phone contacts, a user can revoke Gravatar access at any time in Settings or via UIConfig, and his/her app experience is not hindered or interrupted. (Back To Top) Endeavor Communications has made the difficult decision to discontinue television services effective May 31, 2022 Endeavor Communications has made the difficult decision to discontinue television services effective May 31, 2022What is a main difference between advertising and public relations quizlet?What is a main difference between advertising and public relations? Advertisers can control their ads precisely; public relations firms cannot control how their press releases are used.
How is public relations related to marketing quizlet?Marketing: researching, creating, refining, and promoting a product or service and distributing that product or service to targeted consumers. Public Relations: values-driven management of relationships between an organization and the publics that can affect its success.
When public relations professionals directly interact with elected officials or government regulators and agents they are engaging in?Stat. § 24-6-301. “Lobbying” means communicating directly or soliciting others to communicate with any official or his staff in the legislative or executive branch of government or in a quasi-public agency, for the purpose of influencing any legislative or administrative action.
What is the concept of public relation?A more modern definition of public relations was drafted several decades later, a definition that still stands today: “Public relations is a strategic communication process that builds mutually beneficial relationships between organizations and their publics.” PRSA.
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