Broadband Service Agreement

This Broadband Service Order and Agreement (“Service Agreement”) governs fiber optic communication services including but not limited to high-speed internet service, VoIP telephone service, and Arlo Security Camera service, as applicable (individually and collectively “Services”) provided by Kosciusko Connect, LLC (“Company”) to you (“Customer”). This Service Agreement outlines the terms and conditions under which Company is providing Services to Customer and the associated obligations of both Parties. By using the Services, Customer understands, acknowledges, and agrees to be bound by the terms and conditions of this Service Agreement and all documents incorporated or referenced herein, as each may be amended from time to time, including without limitation Company’s Privacy Policy, Acceptable Use Policy, Internet Transparency Policy, and Copyright Infringement Policy. Current versions of these documents may be viewed at any time online at https://kosciuskoconnect.com. By using the Services, you agree to this agreement and all documents incorporated by reference.  If you do not agree to these terms and conditions, do not use the Services.

CUSTOMER ELIGIBILITY. Individual Customers represent and warrant that they are at least 18 years of age and have full legal authority to execute this Agreement.

BILLING. By using our Services, you agree to pay all charges associated with the Services, including all applicable fees, taxes, and surcharges, as well as non-standard installation (including complex, underground, custom work, non-penetrating roof mounts, special construction and/or additional outlets), and/or equipment charges, and applicable service charges. Price information for our products is available on our website at https://kosciuskoconnect.com/residential-services/residential-internet/.

• Unless otherwise specified, you will be billed monthly for recurring service charges, equipment charges, and applicable state and federal taxes and fees. We bill in advance; your Internet billing cycle begins on the 1^st of each month and ends at the end of the month. Your statement will be available on the 25^th of each month of service with Company.  Payment in full for all billed charges must be received by the 10th of the following month. You acknowledge that you are liable for the payment of all Services rendered by Company and billed to your account. No acceptance of partial payment(s) by Company shall constitute a waiver of any rights to collect the full balance owed under this Agreement. If your payment is returned, we may charge a processing fee for each returned payment, to the fullest extent allowed by Indiana law. You acknowledge that writing statements to the effect of “paid in full” on any checks or other payments provided to Company has no legal effect. Your first bill may be for more than a single month’s service due to pro-rated charges from the date you first began receiving our Services, as well as monthly recurring charges for the next month and charges for any non-recurring services you have received.

• In some cases, you may be billed for Services outside of your recurring service charges. You will be responsible for any charges resulting from, but not limited to, changes in service, service calls, orders, upgrades made from your account. Additionally, certain types of calls may be billed on a measured basis including international long distance and directory assistance calling.
• Administrative Charges. If you fail to pay your bill by the due date on your billing statement, we may charge you an administrative charge Except where administrative charges are set pursuant to law, you will incur a late fee per service location. You will be responsible for reasonable attorney’s fees and costs incurred by Company in our collection attempts of any past due amounts not paid by you. If you fail to pay the amount owed, we may suspend or terminate any Services provided to you, and may require you to pay a suspension fee, in addition to paying all outstanding balances, prior to restoring your Services. It is your responsibility to ensure Company is in receipt of your payment prior to the due date indicated on your billing statement.
• Trial/Introductory Rates and Promotions. If you are receiving promotional or trial/introductory rates, you may cancel your Services at any time prior to the end of the promotional period by notifying us in writing, in person, or by telephone. Once the promotional or introductory period expires, regular charges for the Services will apply unless you notify us you would like to terminate such Services.
• Billing Errors. Disputes concerning your bill may be directed to Company by telephone, in person, email, or in writing. In the event of a dispute concerning the bill, you understand you are still required to pay a sum of money equal to the amount of the undisputed portion of the bill. Your Services shall not be disconnected for nonpayment of the disputed amount. An administrative charge may be assessed upon any outstanding undisputed balance due that remains after the due date indicated on your billing statement. We limit retroactive adjustments for billing errors to ninety (90) days prior to the date the error is discovered. In the event of a billing error, you must notify us within thirty (30) calendar days of the day you receive your bill. If no notice is received, you acknowledge your waiver of any right to receive a refund or credit.
• Credit Card Payments. Use of a credit card to pay for the Services is governed by the credit card issuer agreement. You must refer to that agreement for your responsibilities and liabilities as a cardholder. By providing us with a credit card number, you authorize us to charge the card for all charges generated under this Agreement, until its termination, or prior authorization by you to stop charging the credit card. It is your responsibility to provide Company with updated credit card information on a timely basis prior to the expiration or termination of the credit card on file. We shall not be responsible in the event your credit card limit is insufficient to cover payment.
• Taxes and Fees. Taxes and governmental fees and surcharges may be changed with or without notice, and you will be responsible for paying additional costs incurred by Company for providing Services due to increase in costs caused by newly adopted laws, rules, regulations, or judgments.

CUSTOMER PORTAL. Customer is required to complete the Member Portal registration process following the in-home installation.  Company does not send a paper bill. Company charges a fee of $4.00 to provide a paper statement. Customers are encouraged to use the Autopay program to ensure regular and timely delivery of monthly payments.  The Customer portal can be found at  https://billing.kosciuskoremc.com/onlineportal

LATE/OTHER CHARGES AND SECURITY DEPOSIT. Customer shall make all payments to Company when due. Customer understands that Company may require a security deposit and/or issue an administrative late fee (“Late Fee”) for monthly charges not paid by stated due date. The Late Fee is a reasonable estimate of costs to manage past due accounts. Examples of these costs include preparing additional bill statements, processing Customer service records, mailing additional notices, tracking past due accounts, responding to inquiries regarding past due balances, making collection telephone calls, performing special procedures to process past due payments, and generating work orders. Company does not extend credit to Customers and the Late Fee is not interest, a credit service charge, or a finance charge. If Service is disconnected, Company may impose a reconnect charge and/or security deposit, in addition to collecting any outstanding balance, including any Late Fee, before service is restored. If Customer’s check is returned for insufficient funds, Company may impose a service charge up to $25.00. If Customer has not paid amounts due within 30 days of the due date, a collection agency and/or attorney may be engaged to collect amounts due. Customer agrees to pay Company for any amounts due, and all reasonable agency and attorney fees incurred, including, without limitation, court costs. Details regarding fees associated with service refer to our Broadband Nutrition Labels on our website at https://kosciuskoconnect.com.

OWNERSHIP OF EQUIPMENT-RISK OF LOSS. Equipment and other property and facilities installed by Company in or on Customer premises to deliver the Services to Customer, including without limitation, inside or outside Optical Network Terminals (ONT), wireless routers,  (“Equipment”), shall remain the sole and exclusive property of Company.   Customer assumes the risk of loss, theft, or damage to all Equipment at all times prior to the removal of the outside Equipment by Company or return of the inside Equipment by Customer. Customer agrees to pay any Equipment charges associated with the Service.  Upon termination of Service for any reason, Customer agrees to immediately return all Company-Supplied Equipment in the operating condition as when received (reasonable wear and tear excepted) directly to Company within 5 days of the termination. In the event that the Equipment is destroyed, damaged, lost or stolen, or the inside Equipment is not returned to Company for any reason within 5 days of termination, including fire, flooding, storm or other incident beyond Customer’s control, Customer shall be liable to Company for the full replacement cost for any unreturned or damaged Company-Supplied Equipment. Customer shall not alter, misuse, repair, or in any manner tamper with the Company-Supplied Equipment or outlets or remove from the Company-Supplied Equipment any markings or labels.  At no time will Company be deemed to have abandoned the Company-Supplied Equipment in the event it is not retrieved upon termination of any Services.

USE OF EQUIPMENT. You are to use Company-Supplied Equipment only for the purpose of using the Services as set forth in this Agreement. You agree not to sell, transfer, lease, assign, or encumber Company-Supplied Equipment, in whole or in part, to a third party, or allow a third-party use of your Services.

• You agree to allow us, or our agents or representatives on our behalf, access to the premise where the Services are provided to install, maintain, inspect, upgrade, disconnect, alter, remove, or replace Company-Supplied Equipment. Such access will be provided during regular business hours and with reasonable notice provided. You affirm that you are the legal age of majority in your state and have the authority to provide us with access to the premise, or that you have obtained the necessary approval(s) for us to access the premise. Neither Company personnel, nor Company agents or representatives, shall enter the premise where the Services are provided to perform any work unless a responsible adult is present. You agree to provide Company employees and representatives with a safe working environment while on the premises. If a Company employee or representative deems the working environment unsafe in his or her sole discretion, you agree that Company may elect not to provide any services on the premise, until such premise is deemed safe by Company.
• If Customer is not the owner of the premises, Customer needs to get approval from their landlord before work can begin.  Please call the office at 574-267-0327 or email connect@kosciuskoconnect.com to obtain the form and warrants that he/she has received the proper authority to grant such access to Company to install and maintain Equipment as indicated on the Service Order.
• Neither Company, nor its agents or representatives, shall be liable for any effects of normal installation or repair workmanship, except for damages caused by gross negligence or willful misconduct by Company personnel, or its agents and representatives. Subject to other limitations on liability contained in this Agreement, Company’s liability for damages associated with the installation, maintenance, or repair of the Company-Supplied Equipment shall not exceed an amount equal to the proportionate part of the monthly recurring charge for the Services for the period during which the Services were affected.
• We reserve the right to make changes to Company-Supplied Equipment through downloads or otherwise. If we change our equipment requirements with respect to our offered Services, you acknowledge you may not be able to receive such Services with your current Company-Supplied Equipment. Your continued use of the Services after such changes will constitute your consent to continue using the Services, as so changed.
• You agree not to relocate Company-Supplied Equipment to a premise other than the premise where the Services were initiated and continue to be billed. When changing your services or transferring your services to a new location, we require that your account be in good standing, and your credits or charges from your previous premise shall be transferred to your new premise where services will be rendered.
• Repair and Replacements. We shall repair and/or replace Company-Supplied Equipment provided to you at no charge, unless such repair or replacement was a result of misuse, negligence, fault, or theft. Company is not responsible for bringing service to the input of Customer-Owned Equipment and will not be responsible for the repair or replacement of such equipment. Any repair charges related to your or a third party’s misuse of any Company-Supplied or Customer-Owned Equipment affecting your Services will be your responsibility to pay. You agree not to allow any Company-Supplied Equipment to be serviced by non-Company personnel, agents, or representatives.
• Customer-Owned Equipment. Company provides full, end-to-end Internet and Premium Wi-Fi services. As such, Company does not provide, maintain, support, service, repair, connect, operate, or replace Customer-Owned Equipment, or provide customer support relating to any issues relating to the compatibility with the Services. Customer acknowledges and agrees that when Company personnel or authorized contractors must attempt or perform troubleshooting, maintenance, or repairs resulting from Customer Owned Equipment malfunctioning, Customer shall be responsible for payment of all charges. Service calls generated by customer-owned equipment will be subject to additional charges and Company-Supplied Equipment may be installed.
• Fiber. You understand and agree that the fiber devices installed or provided by Company will remain connected on the premise through the duration of your Services with us, as well as after termination of the Services. Fiber service is installed either underground, or aerial and will usually follow existing utility routes and easements. You acknowledge that Company will need access to either your front or back yard, depending on your neighborhood utility locations. For new and existing single unit installations, the fiber devices shall become a fixture to the realty upon installation. You shall be responsible for the payment of any damages resulting from your or a third party’s negligence or misuse of the fiber network. You acknowledge and agree that you or a third party may not remove, replace, rearrange, attach to, or repair the fiber network. You may otherwise be held responsible for the cost of rectifying the fiber network and we may terminate or suspend your Services.

SOFTWARE AND INTELLECTUAL PROPERTY.

• Software License. To facilitate your use of our Services, we may provide you with software and/or firmware. Any software or firmware provided with our Services or contained within the Company-Supplied Equipment may only be used for non-commercial and private use to the extent necessary to use or receive the related Services. You are being granted a revocable, personal, limited, non-transferable, non-assignable, and non-exclusive license to download, install, and use the software or firmware, so long as this Agreement remains in full force and effect. Use of such software or firmware does not give you any ownership rights, and you may not sublicense, lease, rent, or assign the software or firmware. Except for your limited license to use the software or firmware, all other intellectual property rights associated with them shall remain at all times with us and/or our licensors. You agree that you shall not, nor shall you permit others, to publish, duplicate, display, modify, distribute, reverse engineer, transmit, decompile, attempt to create the source code from the object code for the software, or create derivative works from the software or firmware, in whole or in part, including any written materials provided in conjunction with them.
• We may, from time to time, modify the software or firmware, including through remote downloads to Company-Supplied Equipment. If you receive a software update notification from us, it is your responsibility to promptly perform an update. Failure to do so may result in the Company-Supplied and/or your Customer-Owned Equipment no longer being compatible with our Services.  You agree to take no action to interfere with such automatic upgrades, scanning, and related services.
• Intellectual Property. Company is registered under the Digital Millennium Copyright Act of 1998. If you believe that material available through our Service has infringed your intellectual property rights, you may file a complaint of such claimed infringement with our designated agent. Visit our website https://kosciuskoconnect.com/acceptable-use-policy/ to see our Procedure for Reporting Intellectual Property Infringement.
• Copyrights and Trademarks. Materials available on the Company website are protected by copyright law.

KOSCIUSKO CONNECT WI-FI APP. Reservation of rights. You acknowledge and agree that the App is provided for your use under license, and not sold, to you. You do not acquire any ownership interest in the App under this Agreement, or any other rights thereto other than to use the App in accordance with the license granted, and subject to all terms, conditions, and restrictions, under this Agreement. Company reserves and shall retain its entire right, title, and interest in and to the App, including all copyrights, trademarks, and other intellectual property rights therein or relating thereto, except as expressly granted to you in this Agreement.  Any other applications provided by a third party such as Arlo Security Cameras is the Customers responsibility to review the Terms of Service.

Collection and use of information. You acknowledge that when you download, install, or use the App, Company may collect information about your Mobile Device and about your use of the App. You also may be required to provide certain information about yourself as a condition to downloading, installing, or using the App or certain of its features or functionality. All information we collect through or in connection with this App is subject to our Wi-Fi Mobile Application Privacy Policy located at https://kosciuskoconnect.com/privacy-policy/. By downloading, installing, using, and providing information to or through this App, you consent to all actions taken by us with respect to your information in compliance with the Company Wi-Fi Mobile Application Privacy Policy. We may update our Company Wi-Fi Mobile Application Privacy Policy from time to time and updated versions will be posted on the link provided in this section.

Term and termination.  Your agreement to use the App commences when you acknowledge your acceptance and will continue in effect until terminated by you or Company.

1. 1. You may terminate the Agreement to use the App by deleting your Company Wi-Fi account and the App (and all copies thereof) from your Mobile Device(s). Please note that deleting your Company Wi-Fi account will not delete your account(s) with the Company for Services.
   2. Company may cease to support the App at any time and at its sole discretion. In addition, your right to use the App will terminate automatically without any notice if you violate any of the terms and conditions of this Agreement.
   3. Upon termination:
      • all rights granted to you under this Agreement will also terminate; and
      • you must cease all use of the App and delete all copies of the App from your Mobile Device(s).
      • Termination will not limit any of Company’ rights or remedies at law or in equity.

SERVICE TERM/TERMINATION.

• This Agreement will be in effect from the time the Services are initiated until they are terminated by either you or Company. All applicable charges and fees will accrue in accordance with this Agreement until the Services have been disconnected and all Company-Supplied Equipment has been returned, subject to all applicable laws.
• Account holders may terminate the Services in person at the Company office or by telephone.  Termination of any or all portions of the Services cannot occur simply by writing “canceled” or any other message to that effect on your check, bill, or other such communication.
• Company or you may terminate any or all portions of the Services at any time, for any reason in accordance with applicable laws and terms of any promotional offers, as specified in this Agreement. No financial penalty, aside from those mentioned in Section 2, will be assessed for termination of Services. If you terminate all or any portion of the Services, you agree to notify
• Upon termination, you agree to (i) immediately cease all use of the Services and all Company-Supplied Equipment and (ii) pay in full for your use of the Services up to the date the termination of this Agreement took effect and the Services were disconnected. You must return the Company-Supplied Equipment to our local business office within 10 days of termination. You may be charged a continuing monthly charge until all Company-Supplied Equipment is returned to us. We will refund all prepaid monthly service fees charged for Services after the date of termination (less any outstanding amounts due to Company for the Services, Company-Supplied Equipment, or other applicable charges and fees.)
• If you terminate your service with Company and are warranted a credit refund, you will receive a refund check in the mail within forty-five (45) calendar days of termination. Your refund will be the pro-rated portion of any fees and charges which you have paid in advance. If the pro-rated portion is less than $5.00, a refund will only be issued upon request.
• We reserve the right, subject to applicable law, to immediately and with or without notice, terminate or suspend the Services and/or to remove from the Services any information transmitted by or to any authorized user. These actions may be taken if we (i) determine your use of the Services is in violation of this Agreement or our AUP; (ii) determine your use of the Services interferes with our ability to provide Services to you or others, or adversely affects our equipment; (iii) believe any Company-Supplied Equipment has been subject to tampering; (iv) reasonably believe your use of the Services violates any laws, regulations, or requirements for use; or (v) reasonably believe your use of the Services interferes with or endangers the health and/or safety of our personnel or third parties. If we suspend the Services, we may require that you pay us a fee for restoring your Service, in addition to charging you the regular cost for such Services during the suspension.
• Upon termination of this Agreement, we reserve the right, in our sole discretion, to delete all of your information that may be stored on our servers, systems, or any Company-Supplied Equipment, including but not limited to your voicemail, call details, or data of any kind.
• If Customer chooses to cancel telephone service and wishes to keep their phone number, they are responsible for initiating the porting process with their new provider. In the event you cancel your service without porting your telephone number to another service provider, you will forfeit the telephone number
• Arlo Hardware is yours to keep after 8-month term.  If the current Service plan includes Arlo and is canceled within the first 8 months you will be billed for the remaining amount of the cameras at a prorated rate.  Additionally, canceling Arlo’s service with the Company also terminates the security plans associated with your service, and you will lose all data associated with your Company plan.  It will be the Customer responsibility to buy those plans on the open market from Arlo at the full retail price of those plans.
• Force Majeure. We have no responsibility for service problems that are beyond our reasonable control, such as, for example, acts of God, pandemic, flood, fire, fiber cuts, solar flares and those caused by storms and other natural disasters, third-party damage to access networks, failure of any signal at the transmitter, loss of use of utility facilities, vandalism, terrorism, unavailability of right-of-way, any law, order, regulation, or governmental act, civil disturbances, power failures, computer viruses, or strikes.

HOME SECURITY AND MEDICAL MONITORING. You understand that our phone service may not be compatible with certain home security systems or medical monitoring and personal emergency alert devices, and that we accept no responsibility for the performance of such devices and systems with our phone service. If you intend to use our phone service with a third party’s home security or medical monitoring system or device, you are responsible for making sure it works properly and for the cost of doing so. You should contact your home security or medical monitoring provider to determine whether our phone service is compatible with its systems and to test the system’s operation.

• 911 Information. The device that we provide to you for your phone service is linked to the address you provided to Company. In order for your 911 calls to be properly directed to emergency services, ensure you have provided us with your correct premise address. If you move the device to a new address without first obtaining the necessary approval from us, you will be in violation of this Agreement. Furthermore, moving the device to an unauthorized address may result in emergency personnel being unable to locate you. Ensuring we have the correct address listed with the 911 database can take several business days from the time that you subscribe to our phone services.
• Directory Listing Errors. If we make available the option to list your name, address, and/or telephone number in a published directory or database, and fail to comply with your request regarding directory listing information (for example, we list the wrong information, fail to include information you requested be listed, or list information you requested remain unpublished,) you may be entitled to a credit under our policies, equal to one month’s service or, if greater, an amount prescribed by applicable regulatory requirements. Please contact our office for more information. Other than these credits, we have no liability with respect to directory listings. YOU AGREE TO HOLD COMPANY, OUR OFFICERS, DIRECTORS, EMPLOYEES, AFFILIATES, OUR AGENTS, AND ANY OTHER PROVIDER WHO FURNISHES SERVICES TO YOU IN CONNECTION WITH THIS AGREEMENT, HARMLESS FROM AND AGAINST ANY AND ALL CLAIMS FOR ANY INCIDENTAL, SPECIAL, OR CONSEQUENTIAL DAMAGES CAUSED OR CLAIMED TO HAVE BEEN CAUSED, DIRECTLY OR INDIRECTLY, INCLUDING LOSS OF USE, LOSS OF BUSINESS, OR LOSS OF PROFITS, ARISING FROM THE ERRORS OR OMISSIONS REFERENCED IN THIS PARAGRAPH.
• Unlimited Calling. Company unlimited calling applies to the continental contiguous 48 states, Alaska, Hawaii, Canada, Puerto Rico, Guam, US Virgin Islands, Northern Mariana Island and Washington, D.C, and is based on normal residential, non-commercial use. Unlimited calling excludes all calls made to all other foreign countries. Unlimited calling also excludes 900, and 900-like numbers, and entertainment phone services. Additional charges will apply for all calls placed to locations outside of the list above and for all directory assistance and operator service calls. Company’s default configuration is to disable international calling.  It is the responsibility of Customer to request this be enabled.

THEFT OF SERVICE. The receipt of Services without authorization is a crime.  Customer understands that the law prohibits willful damage, alteration, or destruction of Equipment.  Customer may be subject to both civil and criminal penalties for such conduct. Customer shall not move Equipment to another location or use it at an address other than the Service address without prior authorization from Company.

CHANGES IN SERVICE/CHARGES. Company may change or eliminate Services and charges.

• Company will give Customer 30 days’ notice of increases or other changes in charges, or
• Changes to or elimination of Services in conformity with applicable law.

PRIOR ACCOUNTS. Customer warrants that no monies are owed to Company from previous accounts with Company or its affiliates. If Company finds a prior account with Customer or its affiliates where money is owed, then Company may apply any funds received to that prior account, where allowed by law.

WARRANTY DISCLAIMER; LIMITATION ON DAMAGES. SERVICE IS PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED. COMPANY DOES NOT WARRANT THAT SERVICE WILL BE UNINTERRUPTED OR ERROR FREE.

• Company makes no warranty, express or implied, including any warranty of merchantability, fitness for a particular purpose or non-infringement of either the Equipment or Services furnished hereunder.
• Limitation of Liability: Company (and its Affiliates, Employees, Officers, Directors and Agents) shall not be liable to Customer for indirect, special, incidental, consequential, punitive, or exemplary damages arising out of or in connection with the Services or any acts or omission associated therewith, including any acts or omissions by subcontractors of Company or relating to any services furnished, whether such claim is based on breach of warranty, contract, or tort including negligence, or any other legal theory and regardless of the causes of such loss or damages or whether any other remedy provided herein fails.
• Customer Exclusive Remedy: Company’s entire liability and Customer’s exclusive remedy with respect to the use of the Services (including without limitation with respect to the installation, delay, provision, termination, maintenance, repair, interruption, or restoration of any such Services) or any breach by Company of any obligation Company may have under these Terms and Conditions whether in an action for or arising out of breach of contract, tort (including negligence), indemnity or strict liability, shall be Customer’s ability to terminate the Service or to obtain the replacement or repair of any defective Equipment. In no event shall Company’s liability to Customer for any claim arising out of this Agreement exceed the amount paid by the Customer during the preceding 3-month period.
• The provisions of this Section constitute an allocation of risk between the parties and the price charged Customer is based on such allocation of risk. The terms of this Section shall survive the termination of this agreement for any reason.

SERVICE INTERUPTIONS. Company assumes no liability for interruption of Service beyond its control, including, without limitation, acts of God, natural disaster, fire, civil disturbance, strike, or weather. However, credit adjustments will be determined on a case-by-case basis.

INTERNET ACCESS SPEEDS. The internet access speeds quoted are the maximum rates by which downstream internet access data may be transferred between Company facilities and the network interface device at Customer premise. The maximum rate is not guaranteed and may vary. The quoted speeds should not be confused with the speed at which Customer receives and sends internet access data through the public internet as such speeds are impacted by many factors beyond control of Company. Actual internet speeds vary due to many factors including the capacity or performance of Customer-Supplied Equipment, Customer’s computer and its configuration, wiring and any wireless configuration, destination and traffic on the internet, internal network or other factors at the internet site with which Customer is communicating, congestion on the network and the general speed of the public internet. The actual speed may affect Customer on-line experience, including ability to view streaming video and speed of downloads. Except as otherwise provided by law, Company reserves the right to implement network management controls to optimize and ensure that adequate speed and data transfer is available to all internet service customers.

INTERNET USE. Customer understands that its use of the Services is subject to Company’s Acceptable Use Policy and Copyright Infringement Policy (each previously incorporated herein by reference and as may be amended from time to time). Further, Customer agrees to comply with all applicable laws in connection with Customer’s use of the Services and this Services Agreement. Customer assumes all responsibility and liability for the security of information on personal devices, including but not limited to computer, information transmitted or received through the Services. Company assumes no responsibility and disclaims any liability for the security of any information on Customer personal devices, or the security or accuracy of any information or data transmitted or received through the Services. Company has no responsibility and disclaims any liability for unauthorized access by third persons to Customer personal devices, files, or data or any loss or destruction of files or data.

TROUBLESHOOTING. Company’s Technical Support Team is available 24/7 and may be contacted at 888-299-5236 and help@kosciuskoconnect.com for technical support related to the Services.

NOTICES. All notices and communications under the Agreement shall be in writing and shall be given by personal delivery, recognized national overnight courier service (i.e. Federal Express), or by registered or certified mail, return receipt requested, addressed to the respective Party as set forth in the first page of the Agreement or to such other address as may be designated in writing by such Party. Notice shall be deemed given upon receipt.

TELEPHONE AND EMAIL CONTACT CONSENT. To provide you with better and more efficient customer service we may contact you regarding your account with us, in response to your inquiries and questions, your request for service(s).

• Call Monitoring. To ensure the quality of our Services and for other lawful purposes, you agree that we may monitor or record telephone conversations you make to us, or we make to you (for example, conversations you have with our customer service representatives).
• Email. You authorize us, or our representatives or agents, to deliver certain disclosures, notices, and communications, including promotional communications of our Services (collectively “Communications”) to you in electronic form. Your agreement to this Agreement confirms your ability to consent to receive such Communications electronically. Communications will be delivered via email, using the email address(es) you provide to us, including that of a wireless or mobile device, posted to our Website, or otherwise communicating them to you via the Services. You agree that you are responsible for any charges by your wireless or mobile provider for receipt of such emails. You have the option of maintaining copies of communication by printing copies or saving electronic copies, as applicable. If you do not wish to receive promotional emails, such as emails describing promotions or new services, you may click “unsubscribe” on such emails, and your address will be removed from any future marketing emails.
  1. Access to the Internet
  2. Access to a valid e-mail address
  3. Access to a computer or similar device that includes 128-bit encryption and current browser software capable of receiving, displaying, and accessing Communications.
  4. Access to software which permits you to receive and access Portable Document Format Files.

MISCELLANEOUS. The Service Agreement, including Supplemental Terms and Conditions for VoIP Phone Service, as applicable, represents the entire agreement of the Parties with respect to the subject matter hereof and supersedes all other agreements, written or oral, between the Parties relating to the Services. Any modification to this Service Agreement shall be in writing signed by authorized representatives of both Parties. No term or provision herein shall be waived, and no breach or default excused, unless such waiver or consent is in writing and signed by the Party to which it is attributed. No consent by a Party to, or waiver of, a breach or default by the other, whether expressed or implied, shall constitute a consent to or waiver of any subsequent breach or default. If any provision of the Agreement shall be held to be invalid or unenforceable, such invalidity or unenforceability shall not invalidate or render the Agreement unenforceable, but rather the Agreement shall be construed as if not containing the invalid or unenforceable provision. The Agreement shall be interpreted, construed and enforced in accordance with the laws of the State of Indiana, without regard to its conflict of laws principles. Each party consents to personal jurisdiction in the state and federal courts of the State of Indiana. You may not assign this Agreement or any or all portions of this Agreement or Services whether by operation of law or otherwise, to any other person, entity, or location, without our prior written consent. You acknowledge that Company may transfer or assign any portion or all of this Agreement at any time, without notice to you. This Agreement does not expressly or implicitly provide any third party with any remedy, claim, liability, reimbursement, cause of action, or other right or privilege. Whenever a Section in this Agreement requires the approval, consent, agreement or authorization or the like from Company, Company’s decision to grant the same shall be in Company’s sole discretion. For more information about our privacy policies regarding our collection, use, and disclosure of your personal information, see our website at https://kosciuskoconnect.com.

The rates and charges for the Voice Services are set forth in the Agreement, together with any and all of Company taxes, fees and surcharges, as applicable and as amended from time to time. With respect to any Voice Services provided by Company to Customer for which a rate is not specified in the Rate Schedule, Company’s standard retail rates shall apply. Company shall provide Customer with a current rate schedule for its standard retail rates at time-of-service activation, from time to time, and at the request of Customer.

VOIP USAGE BILLING. Billing for any usage associated with Voice Services, including but not limited to Directory Assistance, Toll Free Service Charges, International Calling, will occur in arrears (for prior month’s usage-based Services).

CUSTOMER RESPONSIBILITIES. Customer shall be responsible for providing the following to support Voice Services: (i) broadband internet connectivity; (ii) all equipment, software, facilities and/or Internet Protocol (“IP”) connectivity necessary to reach and interoperate with the Voice Services and the Company; and (iii) all other equipment, software and other facilities to be installed, including without limitation, routers, IP enabled phones and/or analog telephony adapters.

UNAUTHORIZED USE OF VOICE SERVICES. Company shall have the right (but not the obligation) to take protective action against Customer in order to protect Company’s network from any unauthorized use, which protective action may include, without limitation, the temporary blocking of Customer’s voice traffic until the applicable problem is resolved in Company’s reasonable discretion. The Voice Services do not support and Company will not accept 976/900 and such other call types in which charges are placed on an end-user’s bill and Company might be expected to act as a collection agent.  Use of predictive dialers for more than five percent (5%) of all calls made is prohibited without Company’s prior written consent.

VOICE 911/E 911 SERVICE LIMITATIONS AND LIMITATION OF LIABILITY. Customer understands and acknowledges that access to Voice Services may be lost or may not function properly, including the ability to call for 911/E911 service, under certain circumstances, including but not limited to, the following: (i) Company’s network or facilities are not operating; (ii) broadband connection is lost; (iii) Customer is experiencing a power outage; (iv) electrical power to the optical network terminal (ONT) is interrupted; (v) Customer failure to provide a proper service address or moving the service to a different address. Customer agrees that, to the maximum extent allowed by law, Company shall have no liability for any damages caused, directly or indirectly, by Customer’s inability to access the Voice Services, including 911/E911 services. Customer agrees to defend, indemnify, and hold harmless Company,  its officers, directors, employees, affiliates and agents and any others who furnish services in connection with this Agreement or the Service, from any and all claims, losses, damages, fines, penalties, costs and expenses (including, without limitation, reasonable attorney fees) by, or on behalf of, Customer or any third party or user of account relating to the absence, failure, or outage of the Voice Services, including 911 dialing and/or inability of Customer or any third person or party or user of the Voice Services to be able to dial 911 or to access emergency service personnel.

CPNI. Under federal law, Customer has the right, and Company has a duty, to protect the confidentiality of information about the amount, type, and destination of Customer’s Voice Services usage (CPNI). Customer hereby consents to the sharing of Customer’s CPNI or other personal information with Company and its affiliates, agents and contractors, solely for the purpose of: (i) providing the services requested by Customer herein, (ii) developing or bringing to Customer’s attention any products and services offered by the Company and its affiliates, or (iii) in the event of any merger, sale of some or all of the Company’s assets, as well as in any insolvency, bankruptcy or receivership proceeding in which CPNI or other personal information would be transferred as one of the business assets of the Company. This consent survives the termination of Customer’s Service and is valid until revoked by Customer. To remove this consent at any time, Customer must notify Company in writing at 370 S. 250 E. Warsaw, IN 46582 Attn: Customer Service and provide the following information: (1) Customer name, (2) Service billing address, (3) telephone number including area code, and (4) service account number. Removing consent may affect Customer’s current services.