EasyTEL Communications Carrier Corporation (ECCC) provides services which may be
regulated by the Federal Communications Commission (FCC) or the Oklahoma Corporation
Commission (OCC). ECCC provides such services under tariffs approved by or under
rules promulgated by these agencies. Although not limited to the following examples,
these services would typically be Local Exchange Services (e.g. telephone services),
Long Distance Services, regulated Data Services or similar related services. Therefore,
the Standard Terms and Conditions set forth below only apply in the case of services
provided which not covered by tariffs on file with and/or approved by the agencies
set forth above. Regulated services provided by any EasyTEL Communications Company
are deemed provided by ECCC, even though charges for such services may be made on
invoices sent by another EasyTEL Communications Company.
EasyTEL Communications, Inc. (ECI) provides services which are not regulated by
the FCC or OCC. ECI provides such services as well as equipment under the Standard
Terms and Conditions which are set forth below. Non-Regulated services provided
by the EasyTEL Communications Companies are deemed provided by ECI, even though
charges for such services may be made on invoices sent by another EasyTEL Communications
Company. Although not limited to the following examples, these services or products
would typically be non-regulated data services (e.g. Internet, email, etc.), website
utilities, equipment, facilities, labor or related items.
BY YOUR USE OF THIS WEB SITE OR BY YOUR PURCHASE OF PRODUCTS OR SERVICES FROM EASYTEL
COMMUNICATIONS, INC. (COMPANY), YOU ARE INDICATING YOUR ACCEPTANCE OF THE TERMS
OF THIS AGREEMENT. BY YOUR USE OF THIS WEB SITE, BY YOUR PURCHASE OF PRODUCTS OR
SERVICES OR BY YOUR CONTINUED USE THE SERVICES PROVIDED BY OUR COMPANY, YOU ARE
ENTERING INTO A BINDING AGREEMENT WHICH MAY AFFECT YOUR RIGHTS REGARDING THE USE
OF THE TOOLS ACCESSED THROUGH THIS WEB SITE AS WELL AS THE USE OF THE SERVICES PROVIDED
BY THIS WEB SITE OR BY OUR COMPANY TO YOU, YOUR EMPLOYEES, AND THOSE WHO MAY BE
CLAIMING BY OR THROUGH YOU. IF YOU ARE NOT IN AGREEMENT WITH THE TERMS AND CONDITIONS
SPECIFIED HEREIN YOU MAY NOT USE THIS SITE NOR MAY YOU PURCHASE, USE, OR CONTINUE
TO USE THE SERVICES OR PRODUCTS PROVIDED BY OUR COMPANY.
This agreement is made on the date which a person, partnership, corporation or other
entity, hereinafter referred to as the Customer, first acquires products or accesses
or uses any tools, content or services provided by the Company by any means including
through this web site. This agreement is by and between the Customer and EasyTEL
Communications, Inc., hereinafter referred to as Company.
- This agreement applies when the Company directly or indirectly supplies its products
or services to a Customer. Any sale to the Customer is made on a non-exclusive basis
and the Customer understands that the Company is selling the same or similar products
and services to other customers. Fees for the use or continued use of any such services
or products will be determined by the Company and be paid by the Customer upon demand
made by the Company. The Customer acknowledges that this agreement will apply to
all products and services sold to the Customer by the Company including the continued
Terms and Conditions Agreement" may change from time to time and that the Customer
agrees that the continued use of any products or services by the Customer or his
employees, and those who may be claiming by or through him signifies the Customer's
acceptance and agreement with any changed terms and conditions. This agreement and
future modifications to the agreement will be posted on the Company's web site and
the Customer will access and review the agreement as necessary to assure the Customer's
compliance with this agreement.
- The Customer acknowledges that the cost of telephone support, consultation, maintenance
or other services which the Customer may need for the products and services acquired
from the Company is not included. Should the Customer desire to acquire telephone
support, consultation, maintenance or other services, the Customer shall pay the
then prevailing rate charged by the Company for such telephone support, consultation,
maintenance or other services. All such charges for hourly rate services shall be
calculated at one quarter hour intervals. All such charges for materials shall be
made at a cost determined by the Company. The Customer shall pay any and all such
charges on demand. Although the Company may make available any such support, consultation,
maintenance or other services, nothing shall require the Company to supply support,
consultation, maintenance or other services.
- The Company may make available updates, enhancements, or modifications to the
products or services acquired under this agreement to the Customer. However, nothing
in this agreement shall be construed to require the Company to supply any such updates,
enhancements, or modifications.
- The Customer agrees that his use of any web hosting,
services, or services which may be used to access the Internet will not be used
to access, communicate or display any content which may be considered to be illegal,
against public policy, or consists of content of a highly sexual nature or may be
considered to be pornographic. The Customer agrees that the Company reserves the
right to cancel the supply of services or products which it deems, in its sole judgment,
may be used to access or supply such content or content which is deemed offensive.
The Company reserves the right to access, review, and delete any material on web
sites hosted by the Company that the Company determines is unprofessional, inaccurate,
or contains objectionable material. Although the Company may make such reviews of
web sites or decisions regarding any content within services offered or acquired
by the Customer, the Company shall not be responsible for review, editing or taking
any other steps to monitor the content of web sites hosted by the Company or downloaded
by its customers.
- The Customer agrees not to send unsolicited
, also referred to as spam, through the use of any of the products or services supplied
by the Company. The Customer agrees that the Company may, although it will not be
required, to take steps necessary to prohibit such unsolicited
and that it may immediately discontinue any service to any Customer for any reason
- The Customer acknowledges that the use of any of the Company's Web Products, Consultation,
Communication Products or Services which relate to the Internet may be highly unreliable
and that access to said Products, Consultation, or Services may not be available.
In addition, the Customer agrees that the Company has taken measures to provide
security, but that there can be no guarantee of the security of information submitted
through the Internet. The Customer expressly waives any and all claims against the
Company from these events.
- The Customer agrees that damage to Customer's property may result from the installation
or removal of any equipment installed by the Company on the Customer's premises.
In addition, damage to the Customer's property may result from power surges, lightening
strikes, and other such events. The Customer agrees that the Company will not be
liable for any such damages.
- IT IS AGREED AND UNDERSTOOD THAT THE COMPANY MAKES NO WARRANTY WITH REGARD TO
THE PERFORMANCE OF ANY OF ITS PRODUCTS OR FOR CONSULTATION AND SERVICES SUPPLIED
BY THE COMPANY. IT IS FURTHER UNDERSTOOD THAT THE COMPANY MAKES NO WARRANTIES, EXPRESS
OR IMPLIED, INCLUDING WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR
PURPOSE. THE COMPANY, ITS EMPLOYEES OR REPRESENTATIVES, SHALL NOT BE LIABLE FOR
ANY LOSS OR CONSEQUENTIAL DAMAGES THAT MAY RESULT TO THE CUSTOMER OR OTHERS THROUGH
THE USE OF ANY OF THE PRODUCTS SUPPLIED BY THE COMPANY INCLUDING THE SUPPLY OF CONSULTATION
OR SERVICES OR FOR THE FAILURE TO SUPPLY ANY PRODUCTS OR FOR THE FAILURE TO SUPPLY
ANY CONSULTATION OR SERVICES AND IN NO EVENT WILL THE COMPANY BE LIABLE FOR AN AMOUNT
GREATER THAN THE ORIGINAL AMOUNT PAID BY THE CUSTOMER, TO THE COMPANY, FOR THE PURCHASE
OF ANY PRODUCTS, CONSULTATION OR SERVICES.
- The Customer agrees that any IP address assigned by the Company to the Customer
are the property of the Company or the Company's suppliers. The Company may reassign
any IP addresses or change IP addresses assigned to the Customer at any time. The
Customer will not use any device which would limit the use of non-assigned IP addresses
and will cooperate with the Company in the management of any of the Company's network
services. The Customer acknowledges that certain of the Company's products and services
used by him are proprietary property of the Company or have been licensed by the
Company from a third party and have been developed as trade secrets at the Company's
expense. The Customer acknowledges that the products and services also include any
related documentation and any enhancements, updates, or modifications supplied for
the products and services to the Customer. The Customer will not, nor will the Customer
permit any of its employees, agents or representatives to assign, resell, or divulge
the products, services or the technology used in the products or services.
- The Company may terminate any services to the Customer at any time without any
penalty or liability whatsoever. The Customer expressly waives any and all claims
against the Company from any such termination of services. Upon a 30 day notice,
the Customer may terminate service from the Company. Should the Customer terminate
services the Customer will pay the remaining balance due on any term contract or
other amount for termination as may be specified in the agreement between the Company
and the Customer. A termination by the Company due to a violation of the conditions
set forth in paragraphs 4 and 5 shall be considered a termination by the Customer.
- The Customer agrees that should the Company supply equipment for which the Company
retains ownership then the Company will be provided access to maintain the equipment
during the hours of 8:00 AM and 5:00 PM weekdays or as necessary. In addition, should
service be discontinued for any reason, then the Company will be provided access
from 8:00 AM to 5:00 PM weekdays to remove said equipment. Should access not be
provided for maintenance of the equipment, it will be deemed that the Customer has
terminated service. Should access not be provided for the removal of equipment then
the Company will receive compensation in the amount of $1,000 per day for each day
it is unable to remove said equipment. During the term of this agreement, should
any such equipment be damaged or stolen then the Customer shall reimburse the Company
for the greater of the Cost to replace the equipment including any labor and material
or if in case of denial of access for removal, the amount calculated at the stated
rate per day during the time that the Company is denied the use of the equipment
or its replacement.
- The Customer will pay any charges for products or for consultation or services
provided by the Company to the Customer upon demand or in accordance with the terms
and conditions set forth in a separate agreement for services or on an invoice for
services. Any balance not paid when due is subject to a finance charge 1½%
per month (18% per annum).
- If the Customer or any other person breaches the covenants set forth in this agreement,
as a result of an act or omission by the Customer, the Customer shall be liable
for damages plus reasonable attorney fees. The Customer agrees to defend, indemnify
and hold harmless the Company, its employees or representatives from and against
all claims and expenses including, but not limited to, reasonable attorney's fees
and costs arising out of the defense or prosecution of any claim. This agreement
will be construed in accordance with the laws of the State of Oklahoma, and the
Customer consents that jurisdiction for any legal actions taken to enforce or defend
any provisions of this agreement shall be in the United States District Court for
the Northern District of Oklahoma or in the Tulsa County District Court, State of
Oklahoma. The Company expressly denies consent to jurisdiction in any other forum.
Any agreement which modifies this agreement must be in writing executed by an officer
of the Company and reference this agreement.