South Central Communications
Terms and Conditions for Internet
(Revised December, 2007)

Important: Please read this Agreement. If you are a new customer, when you initiate service by attempting to access South Central Communications’ (“SCC”) Interent system, you indicate your acceptance of these Terms and Conditions as part of your Service Agreement (“Agreement”) and any applicable laws and tariffs. If you are a new customer and do not want to accept this Agreement, do not initiate service.

SCC Internet access may only be used for lawful purposes.  Transmission of any material in violation of any US, state or local law or regulation is prohibited.  This includes but is not limited to copyrighted material, threatening or obscene material, or material protected by trade secret.

Use of any information obtained via SCC's Internet access is at your own risk.  SCC specifically denies any responsibility for the accuracy or quality of information or materials obtained through its network.  SCC exercises no control whatsoever over the content of the information residing on or passing through it.

SCC makes no warranties of any kind, whether expressed or implied, for the service it is providing.  SCC will not be responsible for any damages you may suffer.  This includes, but is not limited to loss of data resulting from delays, non-deliveries, or service interruptions caused by its own negligence or your errors or omissions.

You agree to hold SCC harmless from any and all liabilities and obligation arising from service outages and/or other service issues relating to my inability to access the Internet.

SCC or other relevant authorities may determine inappropriate usage of the(se) account(s) and the privilege may be revoked at SCC's discretion.

You agree to the rates and billing procedures as set forth in the current versions of SCC's rates.  SCC reserves the right to change the rates of this agreement upon 30 days notice to you, which notice may be transmitted electronically, verbally or through other means of SCC's choosing.  Use of SCC's Internet access after the effective date constitutes acceptance of the new terms and conditions.

Any and all access to other networks via SCC's  Internet service must be in compliance with all policies and rules of those networks.

SCC's Internet services were NOT set up nor intended for unsolicited email/fax/paging.  Use of these services to send unsolicited email/fax/pages will result in  immediate termination of your account, probable legal action and collection fees at $50 dollars per incident and $100 dollars per hour involved with resolution.

SERVICE AGREEMENT

SCC reserves the right to change these policies with out prior notice at any time.  The actions we may take include account suspension or termination.  We don’t and will not issue any credits for accounts canceled due to policy violations.  We reserve the right to refuse service to any one, at any time, for any reason.

You agree to hold SCC harmless from any and all liabilities and obligation arising from service outages and/or other service issues relating to your inability to access the Internet.

INDIVIDUAL ACCOUNTS – Individual accounts provide individual access to most SCC services but does not allow for the selling or advertising of products or services using the world wide web, email solicitations, business mailing lists or Usenet news.

BILLING – SCC bills for most services in advance.  Any services offered on a credit basis are due within 30 days of service. Purchasers of SCC's services agree and are bound by the Uniform Consumer Credit Code of the State of Utah.  A service charge of 1½ % per month will be charged on all past due accounts.  If account is referred to collection, purchaser agrees to pay any and all collection costs incurred including attorney’s fees, filing fees, and court fees.  There will be a $20.00 fee assessed on all returned check or credit card invoices.

REFUND/ ACCOUNT TERMINATION  –  Any customer whose account has been terminated is subject to a refund for the prepaid balance minus a $10.00 processing fee.  Accounts canceled by South Central Communications as a result of policy violation are NOT subject to a refund.

SOFTWARE AND STORAGE USAGE – SCC reserves the right to remove any illegal, potentially damaging software or any other files that it deems necessary.  SCC reserves the right to control what software may be run on our network and or servers. Such software includes but is not limited to, software intended to harass or annoy, IRC bots, Usnets, “Spam”, scanners or bulk mail software.

DIAL-UP LIMITS FOR INDIVIDUAL SUBSCRIBERS – SCC individual subscribers may only have one dial-up connection at any one time.  If more than one connection is necessary, arrangements can be made by contacting SCC, otherwise all connections will be terminated for abuse of this policy.  In areas where SCC offers “Unlimited Accounts”, these non-dedicated individual accounts are meant to be available for unlimited access and not a dedicated connection. Customers who require a continous connection must purchase a dedicated connection account.  Dial-up connections may not be used for active or constantly connected web/ftp/mail or other server services.  A dedicated Dial-in account must be purchased to receive this service.

TERM (Cable Internet users)-- This Agreement is for a term of 12 months if equipment is rented and shall automatically renew until terminated in accordance with this Agreement.  After the initial term, the subscriber may terminate the agreement upon (30) days notice to SCC.  SCC may in its sole discretion terminate this agreement at any time.  In the event SCC terminates this agreement for reasons other than breach of this agreement by the subscriber, then SCC shall provide (30) days notice to subscriber.  Subscriber is liable under this Agreement for all fees and charges until such time as the Agreement has been terminated.  A $165 disconnect fee will be assessed to any account not completing one (1) year of uninterrupted service with rented equipment.  This fee is associated to and is not limited to temporary, requested, policy violation and non-pay disconnects.  Accounts canceled by SCC as a result of policy violation are NOT subject to a refund.

TERM (Wireless Internet users) -- This Agreement is for a term of 12 months if equipment is purchased, 24 months if equipment is leased and shall automatically renew until terminated in accordance with this Agreement.  After the initial term, the subscriber may terminate the agreement upon (30) days notice to SCC.  A cancellation fee may apply.  SCC may in its sole discretion terminate this agreement at any time.  In the event South Central Communications terminates this agreement for reasons other than breach of this agreement by the subscriber, then SCC shall provide (30) days notice to subscriber.  Subscriber is liable under this Agreement for all fees and charges until such time as the Agreement has been terminated.  A $165 disconnect fee will be assessed to any account not completing one (1) year of uninterrupted service with purchased equipment.  This fee is associated to and is not limited to temporary, requested, polocy violation and non-pay disconnects.  Accounts canceled by SCC as a result of policy violation are NOT subject to a refund.  A $255 disconnect fee will be applied to rental customers who break thier contract in the 1st year of their agreement and a $165 disconnect fee will be applied to an contract that is disconnected in the 2nd year of the agreement.

TERM (DSL Customers) –  Any customer account that has been terminated at customer request is subject to a refund for the prepaid balance minus a $10.00 processing fee.  Accounts terminated during the first month of service will be charged for an entire month of service.  A $99 disconnect fee will be assessed to any account not completing one (1) year of uninterrupted service.  This fee is associated to and is not limited to temporary, requested, polocy violation and non-pay disconnects.  Accounts canceled by SCC as a result of policy violation are NOT subject to a refund.  A $255 disconnect fee will be applied to rental customers who break thier contract in the 1st year of thier agreement and a $99 disconnect fee will be applied to an contract that is disconnected in the 2nd year of the agreement.

EQUIPMENT / INSTALLATION (Cable Internet)  --  SCC is not responsible for any equipment failures due to and not limited to acts of nature, power surges and customer negligence.  Name and or signature on account will be responsible for damages, fees and service down-time.  Signature confirms that SCC is not liable to any damages or inconveniences that may occur to property during installation.  SCC will charge a $60 modem fee to any customer who has not returned a rented modem after 30 days of service being terminated. 

EQUIPMENT/INSTALLATION (DSL Internet)   A basic installation fee of $75 will be charged to all accounts. SCC is not responsible for any equipment failures due to and not limited to acts of nature, power surges and customer negligence.  Name and or signature on account will be responsible for damages, fees and service down-time.  Signature confirms that SCC is not liable to any damages or inconveniences that may occur to property during installation.

EQUIPMENT / INSTALLATION (Wirless Internet) --   Customers may purchase their own equipment and install if they so desire.  Equipment must be 802.11b compatible.  South Central is not responsible for any equipment failures due to and not limited to acts of nature, power surges and customer negligence.  Name and or signature on account will be responsible for damages, fees and service down-time.  Signature confirms that SCC is not liable to any damages or inconveniences that may occur to property during installation.  SCC may require a gathering fee if equipment is not returned to SCC.

SPEEDS AND SERVICE -- SCC does not guarantee any speed of service or transmission.  Plan prices and speeds are for limit purposes and do not reflect the exact speed of transmission.  Bandwidth restrictions apply; 5 gigabytes weekly.  Accounts exceeding these limitations may be assessed a $5 per gigabyte fee.

OTHER DSL PROVIDERS --  SCC provides DSL service in association with Qwest.  Qwest policies, prices and policies are subject to change without the consent of the customer or SCC.  Signature affirms that the above customer information is correct and SCC has the authorization to order DSL services through Qwest.  SCC is not responsible for any loss or damages due to downtime on Qwest DSL services.