4. 911 / E911 Functionality
4.1 The Service includes a 911 / Enhanced 911 (E911) function which
may differ from the 911 service furnished by other providers. I have
carefully read the information herein and acknowledge and accept
any limitations of the 911/E911 function. I agree to convey these
limitations to ALL persons who may place calls using the Service.
I understand anyone with questions regarding t
he 911/E911 function
should contact the MTC Cable Customer Service Group at
(845) 586-2288 during normal business hours.
4.2 In order for 911/E911 calls to be properly directed to emergency
service, MTC Cable must have my correct service address. If I
attempt to move the Service and/or MTA to another address without
MTC Cable approval, 911/E911 calls may be directed to the wrong
emergency authority resulting i
n delayed or lack of emergency service response. I agree that all changes in service address require
MTC Cable prior approval. The use of non-native phone number
(e.g. a number not from the local exchange) may also affect the performance of 911/E911 calling.
4.3 Cable Phone uses the electrical power in my location. If there is
an electrical power outage to the MTA, 911/E911 calling may be
interrupted i
f the battery back-up in the MTA is not installed, fails,
or is exhausted after several hours of use. Furthermore, calls, and
911/E911 calls may not be completed if there is a problem with network facilities as described in 3.3.
5). Billing and Payment
5.1 Cable Phone rates and charges can be found in the MTC Cable
Phone Price List. Operator may change any such rate or charge
upon 30 days’
notice t
o Customer. If Customer continues to use any
form of the Service after the effective date of such change, he will be
deemed to consent to take Service under such changed rates or
charges.
5.2 Subscriber agrees to pay Operator for his/her subscription to the
Service and for all use of Subscriber’s account, including applicable
charges for installation, if any, and all local state and federal taxes,
f
ees, and surcharges (including, but not limited to, gross revenue
and excise tax surcharges), and any assessments imposed on the
Service. The calling plans billed as a flat monthly fee do not include
certain call types. Both the amounts and types (ie: periodic, timebased, usage-based) of charges for the Service are subject to
change. Recurring monthly charges for Service will be billed monthly
in a
dvance. Charges based upon actual use of the Service (including
but not limited to charges for international calls, directory assistance,
and/or operator assisted calls) will be billed in the next practicable
monthly billing cycle following such use, or as otherwise specified in
the price list. All charges are payable on the due date specified on
the bill. Subscriber is responsible for, and will pay, a
ll charges for
Services and calls originated on or terminated to Subscriber’s lines,
whether or not authorized by, or with the knowledge or consent of,
Subscriber.
5.3 If the computed charge for a measured call, computed tax, or surcharge includes a fraction of a cent, the fraction is rounded up to the
nearest whole cent.
5.4 An administrative late charge may be assessed on Service accounts
that are pa
st d
ue and shall not exceed 1.5% per month, compounded monthly. If the Service is disconnected as a result of late payments, a reconnect fee in addition to all past due amounts will be
collected before reconnection of service.
5.5 Service may allow access to other enhanced service providers (ie:
information service through 800, 888, 855, 866 and 877 numbers),
and other third party providers. Subscriber a
cknowledges that
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3.3 I expressly acknowledge that the Service uses electrical power in my
location and understand that if there is an electrical power outage,
911 calling and other calling capabilities may be interrupted if the
battery back-up in the associated MTA is not installed, fails, or is
exhausted after several hours. Furthermore, calls including 911 may
not be completed if there is a problem with network facilities, i
ncluding network congestion, network/equipment/power failure, or other
technical problem.
3.4 I acknowledge that the Service offered and provided under this
Agreement may not be compatible with certain security systems and
that, in order to maintain any necessary alarm monitoring functions,
I may be required to maintain a telephone connection through the
local exchange carrier. In the event that M
TC Cable installs and
configures the Service to operate with Subscriber’s location security
system, I expressly acknowledge that I must contact the provider of
the alarm monitoring services in order to test the compatibility of the
alarm monitoring services with the Cable Phone product.
3.5 Residential Service will apply to service in a private residence and
used solely for residential service. Business s
ervice will apply to
services in a place of a business nature.
3.6 In order to receive the Service offered and provided under this
Agreement, any and all of Subscriber’s accounts with the Operator,
including those for other services, must be paid to current.
Subscriber understands and acknowledges that the nonpayment of
charges associated with Operator ’s cable television service, cable
modem service, and/or S
ervice may result in disconnection of the
Service with notice as required by applicable law.
3.7 I agree to ensure that all uses of the MTC Cable Equipment and
Service installed at my premises are legal and appropriate.
Specifically, I agree to ensure that all uses by me or by any person
(“user”), whether authorized by me or not, comply with all applicable
laws, regulations, and written and electronic i
nstructions for use.
Operator reserves the right to act without notice to terminate or suspend the Service and/or remove from the Service any information
transmitted by or to me (ie: Voice Mail), (i) if Operator determines
that such use or information does not conform with the requirements
set forth in this Agreement, (ii) determines that such use or information interferes with MTC’s ability to p
rovide the Service to me or others, or (iii) reasonable believes that such use may violate laws, regulations, or written and electronic instructions for use.
3.8 I expressly agree not to use the Service for auto-dialing, extensive
call forwarding, “dial-up” Internet use, telemarketing, call center service, medical transcription, facsimile broadcasting, or any commercial
purpose or application.
3.9 I
agree and represent that I am buying the Service for my own personal use and that I will not resell or permit another to resell the
Service in whole or in part.
3.10 I will not alter, modify, or tamper with the MTC Cable Phone
Equipment or with the Service, or permit any other person (not
expressly authorized by MTC) to do so.
3.11 I agree that the MTA and Service will only be used at the service
ad
dress a
ppearing on my service records. I understand and
acknowledge that if I attempt to relocate or use the MTC Cable
Phone equipment at another location, the Service (including 911)
may fail to operate properly and is a violation of this Agreement.
3.12 If I violate any of the restrictions in this Agreement, MTC Cable
reserves the right to terminate the Service immediately and
without Notice.
3.13 I und
erstand a
nd acknowledge that the Service is not the subject to
the jurisdiction of any state regulatory agency.
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