Customer Terms and Conditions

General Terms of Service

En-Touch Systems, Inc., and its subsidiaries ETS Telephone Company, Inc., ETS Cablevision, Inc., and En-Touch Alarm Systems, Inc., collectively and individually, will be referred to as Provider in this agreement. At my request, Provider will install equipment and provide me with local and long distance telephone, cable television service, alarm monitoring service, high speed Internet access, or any combination of these services. I understand that my request for and/or use of the foregoing services is subject to the following terms and conditions applicable to each of the services, as well as any additional policies and other information made available to me (including, without limitation, the Standard Terms of Service and the Internet Service Agreement and Acceptable Use Policy) by visiting www.entouch.net/service-terms as they provide useful information about my rights and responsibilities related to my use of your services, including, without limitation, my commitment to resolve any controversy or dispute between us respecting my use of the services or any equipment associated therewith through binding arbitration (See “ARBITRATION” provision set forth in the Standard Terms of Service). In consideration of this, and subject to federal and state laws, regulations of the Texas Public Utility Commission and of the Federal Communications Commission and any applicable franchises, I agree as follows:

OWNERSHIP OF EQUIPMENT

All equipment installed in or on my premises by Provider, including protectors, converters, modems, decoders, terminals, remote control equipment, and associated equipment is and remains the sole and exclusive property of the Provider unless otherwise specified in writing by the Provider.

ACCESS TO EQUIPMENT

I will make my premises available to authorized representatives of Provider for inspection, audit, repair, replacement, and/or removal of the equipment during regular business hours. Failure to permit access to the equipment may result in termination of service. The Provider shall not be liable for the operation, maintenance, or service of any telephone, answering machine, computer, TV, DVD player, home theater, surround sound, privately purchased modem, router or DVR, or other privately owned equipment on my premises.

DAMAGE TO EQUIPMENT

I will take reasonable care to prevent damage to the equipment. Other than normal wear and tear, physical damage to the equipment, including but not limited to accidental breakage or house fire, is my responsibility and I agree to pay the Provider for the reasonable costs of repair or replacement.

LOST OR STOLEN EQUIPMENT

In the event my equipment is lost or stolen, whether or not due to circumstances beyond my reasonable control, and even if I exercised due care to prevent such loss or theft, I agree to pay the Provider liquidated damages. The cost of each unit will be based on the purchase price of the equipment received. I agree that this is appropriate in light of the problem of theft of cable services; the existence of a ‘black market’ in converters; and the ability of a third party to receive cable services, without paying, with an unlawfully obtained converter, causing loss of revenues for installation and service fees; and the difficulty in determining the actual damages to the Provider in each case arising from the loss or theft of a converter unit.

TAMPERING WITH EQUIPMENT

I will not, nor will I permit others, to move, alter, or tamper with the equipment, or use it contrary to this agreement. In the event I tamper with, or permit others to tamper with, the equipment, I agree to pay Provider liquidated damages for each such unit. I agree that this is appropriate in light of the problem of theft of services, and the loss of revenue to the Provider due to tampering. Further, I will not connect or attach, directly or indirectly, any additional TV, DVD player or other device to the equipment without the express permission of the Provider.

INSTALLATION

The Provider shall not be liable for any effects of normal service installation and workmanship, such as holes in the walls, etc., which may remain after installation or removal of the equipment, except for damage caused by gross negligence on the part of the Provider. The security system and all its components, telephone and coax wiring, are the property of the homeowner.

DISCONNECTION

I may change or discontinue service at any time upon notification to the Provider; however, I expressly agree to pay the Provider for all services received until the disconnection or change is made. If I discontinue service and I am currently receiving a Commitment Term Discount for services, I agree to pay Provider liquidated damages as follows. If services are disconnected within 6 months of the expiration of my Commitment Term, I agree to pay the greater of $50 or the monthly discount received off retail services I agreed to receive times the number of months remaining on the contract. If services are disconnected within a Commitment Term that expires greater than 6 months but fewer than 12 months from the date of disconnection, I agree to pay Provider $100 in liquidated damages. If services are disconnected within a Commitment Term that expires greater than 12 months from the date of disconnection, I agree to pay Provider $200 in liquidated damages. If I discontinue service, the return of any converters, digital video recorders, modems, or other equipment shall be my responsibility. The Provider may collect such equipment when the service is disconnected; however, if they do not, I agree to return them to Provider within five (5) working days after disconnection. Monthly billing may be continued until they are returned or a restocking fee may be assessed for each piece. Failure of Provider to remove its equipment shall not be deemed abandonment. If I disconnect service for the reason of moving to an area reasonably serviceable by the Provider, as determined by the Provider, during my Commitment Term, I agree to pay for liquidated damages as set forth above. If I move to an area that is not reasonably serviceable by the Provider, as determined by the Provider, and I can provide proof of residence at the new location I will not be required to pay liquidated damages as determined above but am still responsible for all services rendered until disconnection. Acceptable proof of new residence include a new verified address, verified letter from an employer on company letterhead confirming that you are moving to a residence and contact information to verify.

PROPERTY OWNER’S PERMISSION FOR SERVICE

If I rent or lease, I will obtain property owner’s permission for Provider to provide service to my premises, and to install, maintain, repair, replace, and/or remove Provider’s equipment from the premises. I agree to indemnify and hold the Provider harmless from any claims, damages, costs, and expenses (including, without limitation, court costs, and attorney’s fees) arising out of my failure to do so, or of misrepresenting to Provider that such permission has been obtained. Property owner retains ownership of all premises wiring, including telephone, cable television, and alarm system wiring.

RECONNECTION

I understand that in order to have my services reconnected after they have been disconnected for non-payment, I must not have an existing balance on my account or any other associated enTouch account. I also agree to provide my cell phone number, where available, and to opt into enTouch’s text message notification service to receive text notifications of my monthly statements. I understand that after I have been opted into this text message service, I can opt-out at any time.

CHANGES IN SERVICES, TERMS AND SERVICE CHARGES

I understand that, from time to time, Provider may change or delete its services and may change its service charges. I will be informed of all changes in service and service charges prior to their effective date. Changes to Terms of Service will be posted to Provider’s website, www.entouch.net, and will be effective immediately after posting, or as of the Effective Date specified.

CREDIT CHECKS

Federal and State laws against discrimination require that service be made available equally to all credit-worthy customers, and that credit reporting agencies maintain separate credit histories on each individual in compliance with these laws. I understand that Provider’s agreement to provide service to me is conditioned upon a reasonable showing that I am in good financial standing, and that the Provider may verify my credit standing in accordance with applicable laws and require a deposit based upon my credit standing.

DEPOSIT

If a deposit for service or equipment is required, Provider will refund such deposit to me upon discontinuance of service and notification of forwarding address, minus any deductions for unpaid service charges and/or equipment charges. In the event my account contains a balance, which is in excess of such deposit at the time I discontinue service, I agree to pay Provider for any additional monies owed upon discontinuance of service.

SERVICE INTERRUPTIONS

I understand that service is provided on a monthly basis and that Provider shall assume no liability for interruption of services. If service is interrupted for reasons within Provider’s control for more than twenty-four (24) consecutive hours, the Provider will give me a prorated credit if I request one. In no event shall Provider be liable for more than the reimbursement of the applicable service fees for the interruption or termination of services in connection with this agreement.

THEFT OF SERVICE

I am aware that theft or willful damage, alteration or destruction of Provider’s equipment or unauthorized reception of services or assisting such theft or unauthorized reception is punishable under law by fine and/or imprisonment. Nothing in this Agreement, including, but not limited to, paragraphs 4 or 5 above, shall prevent Provider from enforcing any rights it has with respect to theft or tampering of Provider service or equipment under federal or state law.

PAYMENT

I agree to pay for all services provided to me including charges for (a) installation, (b) equipment, (c) tier services including basic tier, (d) services provided on a per channel or per program basis, (e) alarm monitoring services, (f) local telephone services, (g) long distance telephone services, (h) high-speed internet access service (i) any other services provided by Provider, and (j) all applicable local, state or federal surcharges, fees or taxes. All charges (some of which are billed in advance) are payable promptly upon receipt of Provider invoice, but shall be paid no later than the 25th day of the monthly billing cycle for which I have received services. I will send payment to Provider’s remittance address specified on the invoice. If I do not pay my bill on time, my service may be disconnected.

PAY PER VIEW AND/OR VIDEO ON DEMAND

I am responsible for all movies and pay per view events ordered to my account and agree to pay all charges whether or not the order was placed with or without my permission. I accept responsibility to exercise due care and security of the ordering process to prevent unauthorized orders, but if orders are placed without my approval, I agree to pay the charges. Credits will be issued only for service problems where the account reflects a service report at the time the movie or event was in progress.

LATE CHARGES

If my payment of monthly charges is not received by the Provider by the last day of the monthly billing cycle for which I have received services, then at any time thereafter the Provider also may impose, and I agree to pay, a late charge as payment for the additional administrative expense incurred with respect to the handling of the late payment. The late charge for past due payments is set forth in the enTouch rate card. From time to time, Provider may increase the late charge upon a reasonable prior notification.

OTHER CHARGES

If my service is disconnected, Provider may impose, and I agree to pay, a reconnect charge and/or security deposit, in addition to any outstanding balance including any late charge, before service is restored. If my bank does not honor my check, Provider may impose, and I agree to pay, a service charge on my account. I agree to pay charges for repair service calls resulting from my misuse of the Provider equipment or for failures in equipment not supplied by Provider. Provider is not responsible for any charges or expenses (overdrawn accounts, exceeding credit card limits, etc.) resulting from charges billed by Provider.

CHARGES UPON DISCONNECTION

Upon disconnection of any or all services, I agree to pay the Provider for any outstanding amounts due on my account. In addition, I agree to pay all reasonable attorney’s fees and costs the Provider incurs to collect any charges due pursuant to any section of this agreement.

ASSIGNMENT

I may not assign or transfer this agreement. The Provider my transfer or assign this agreement at any time without notice to me, and I waive any such notice which may be required.

DISCLOSURE OF NAME

Provider keeps regular business records that include my name, address, payment information, and other personal information. I understand that applicable federal law allows Provider to disclose the names and addresses of its subscribers to select firms for mailing lists or for other purposes. However, my name may not be disclosed if I instruct Provider in writing not to do so.

NO LIABILITY FOR MERCHANDISE OFFERED

If I receive merchandise in connection with, or advertised on television channels or on the internet, Provider shall not be liable for its quality, or for the representations or warranties of its seller and/or manufacturer, or for any damage or injury resulting from its use. The service delivers unedited materials, some of which may be offensive to me. Provider has no control over and accepts no responsibility for such materials.

MISCELLANEOUS

No representations, statement, warranty, other than as specifically set forth herein shall be binding upon Provider or upon me. I further understand and agree that Provider may, in its sole discretion, refuse future service to me should I willfully and knowingly violate any terms of this agreement. In the event of a conflict between a provision of this agreement and any law or regulation, the conflicting provision shall be modified or deleted as necessary to make it consistent with such law or regulation. All other provisions of this agreement shall remain in full force and effect.

Standard Terms of Service

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These Standard Terms of Service contain a binding arbitration provision below that affects your rights with respect to all service(s) we provide to you.

En-Touch is the owner and operator of communications infrastructure, certain support systems and operational systems that deliver entertainment services, broadband, Internet access, security systems and alarm monitoring, telecommunications, and related services (“Services”) in the general area of Houston, Texas. Equipment, cable and software installed throughout the En-Touch network remains the property of En-Touch, including such network equipment as is installed on the customer premise. Customer may not relocate, modify or replace any components of the network and is responsible for damages to En-Touch equipment by the Customer or Customers’ user community through willful destruction or neglect.

SERVICE ORDER

Customer may submit service orders to En-Touch to purchase Services under this Agreement. When fully executed by both Parties, the Service Orders and these Standard Terms and Conditions form the final written agreement between the Parties (”Agreement”) with the exception that telecommunications services offered through En-Touch’s tariff filed with the Texas Public Utilities Commission shall be governed by the terms and conditions of that tariff. The Agreement can only be amended or modified in a written document that is signed by both Parties. All Services are offered subject to availability and En-Touch has the right not to accept a Service Order submitted by the Customer. If a Service Order has been accepted by the Company, En-Touch will provide Services for the term agreed to in such Service Order and renewal periods (Service Term”).

TERM

The term (“Term”) of this Agreement is twelve (12) months commencing on the Effective Date. The Term will automatically renew for successive twelve (12) month periods unless terminated by either Party upon written notice delivered in accordance with “Notices” section below at least thirty days prior to expiration of the existing Term. This Agreement may not be terminated until all Service Terms have expired and been terminated according to provisions below. Upon expiration of a Service Term for Services provided in connection with a particular Service Order, the Service Term will automatically renew for successive twelve (12) month terms unless terminated by either Party upon written notice delivered in accordance with “Notices”, below.

CANCELLATION OF ORDERS

Customer may cancel a Service Order (s) if the request is received in writing by En-Touch prior to the planned installation date and En-Touch shall have the right to assess a Cancellation Charge per the applicable Service Order. If the Service Order cancellation is received after the installation date for the Service Order, the full Termination Liability as set forth below will be applied.

MODIFICATION OF ORDERS

Customer may request in writing the modification of any Service Order. Such request shall result in a Modification Charge per the applicable Service Order. If En-Touch receives a written modification request for delay of installation less than 3 days prior to the planned installation date, Customer must pay, in addition the Modification Charge, the monthly recurring charge (“MRC”) applicable to the delayed Service for the shorter of one billing month or the period from the original due date to the requested installation date. En-Touch reserves the right to limit the number of requests to delay the
planned installation date.

EXPEDITION OF ORDERS

Customer may request an expedited installation date. If En-Touch accepts the expedited installation date, Customer must pay an Expedite Charge per the applicable Service Order.

THIRD PARTY CHARGES

In addition to the charges from En-Touch associated with any change to an existing Service Order, En-Touch will pass through to the Customer any charges from a third party whose services have been contracted by En-Touch for the purpose of supporting execution of the Customer Service Order.

EQUIPMENT ACCESS

En-Touch will likely require access to Customer’s premises to install and maintain the services specified on the Service Order. Customer must provide
En-Touch with a contact and/or help desk number that can be reached 24 hours per day/7days per week if required. Customer also must provide reasonable access, right and /or rights of way from third parties, space, power and environmental conditioning as may be required for the proper installation and performance of the En-Touch network at the Customer’s location.

INSTALLATION AND MAINTENANCE

En-Touch will notify Customer when the Service has been successfully installed and is available for Customer’s use (Service Date). Unless Customer notifies En-Touch by the close of business on the Service Date that the Service is not operational, the Service Term will commence. If Customer notifies En-Touch Service is not operational, then the Service Date will occur when the Service is operational. En-Touch monitors its network 24 hours a day, 7 days a week. Scheduled maintenance occurs between the hours of 12:01 AM and 6:00 AM any day of the week unless customer requests an exception in writing and makes it part of the service order agreement. En-Touch will endeavor to provide notice to the customer within 24 hours of a scheduled maintenance window. Emergency Maintenance will be performed as required by prevailing local conditions. Customer notification may or may not occur prior to the maintenance activity.

BILLING

Services are billed on a monthly basis commencing with the Service Date. Services are invoiced in advance, but usage charges are invoiced in arrears. Any installation or other nonrecurring charges, which are non-refundable, will appear on the first monthly invoice. En-Touch may require a deposit prior to the provision of any new Service. En-Touch also may require a deposit as a condition to its obligation to continue to provide Services if the Customer has failed to timely pay for Service on two occasions during any six month period.

TAXES

Taxes mean any federal, state or local excise, gross receipts, value added, sales, use or other similar tax. Taxes will be invoiced as a line item charge separate from the MRC for the Services. Customer will be liable for Taxes which were assessed by or paid to an appropriate taxing authority within the applicable statute of limitations period. If Customer fails to pay any Taxes properly billed, customer will be solely responsible for the payment of the Taxes and penalties incurred. If Customer claims exemption from any taxes, Customer must provide EnTouch with an exemption certificate.

DISPUTED CHARGES

Customer may dispute charges invoiced by En-Touch by calling customer service-billing department. Customers must pay the undisputed portion of the bill to maintain account integrity and avoid late fees and penalties. All disputes must be submitted to En-Touch within 90 days of the invoice date on the disputed invoice. Once disputed invoices are resolved, favorable balances to En-Touch are required to be paid within 5 business days of the date of resolution.

GOVERNMENT REGULATION

This agreement is subject to federal, state and local laws governing the provision of Services hereunder. To the extent that any provision provided in this agreement is in conflict with such laws, either now or at a future date, this agreement will be superseded by the prevailing law.

INDEMNIFICATION

Each Party shall indemnify, defend and hold harmless the other Party for all losses or damages arising from or related to bodily injury or physical damage to tangible property caused by the negligence or willful misconduct of the Indemnitor. Customer shall indemnify, defend and hold En-Touch harmless from all losses or damages arising from Customer’s violation of third party intellectual property rights, all claims of any kind by Customer’s end users, or any act or omission of Customer associated with any Service.

LIMITATION OF LIABILITY

Neither Party is liable to the other from indirect, consequential, special, incidental or punitive damages of any kind or nature whatsoever (including without limitation lost profits, lost revenues, lost savings, lost opportunity or harm to business), whether or not foreseeable , whether or the Party had or should have had any knowledge, actual or constructive, that such damages might be incurred, and regardless of the form of action , nature of the claim asserted or the frustration of either Party’s purpose.

ARBITRATION

CUSTOMER AGREES THAT ANY CONTROVERSY OR CLAIM ARISING OUT OF OR RELATED TO THIS AGREEMENT OR THE PROVISION BY ENTOUCH OF ANY EQUIPMENT OR SERVICE, OR THE PERFORMANCE OF ANY EQUIPMENT OR SERVICE, SHALL BE RESOLVED BY BINDING ARBITRATION IN HOUSTON, TEXAS COMMENCED NO MORE THAN ONE (1) YEAR AFTER THE DATE THE CAUSE OF ACTION AROSE, AND UNDER AND ACCORDING TO THE RULES OF THE AMERICAN ARBITRATION ASSOCIATION. THE PARTIES EXPRESSLY WAIVE ANY ENTITLEMENT TO ATTORNEYS’ FEES OR PUNITIVE DAMAGES TO THE FULLEST EXTENT PERMITTED BY LAW. CONSOLIDATED OR CLASS ACTION ARBITRATIONS SHALL NOT BE PERMITTED.

TERMINATION OF THIS AGREEMENT BY ENTOUCH

En-Touch may disconnect all Services associated with a delinquent account upon ten (10) days written notice for Customers failure to pay amounts due under this Agreement which remain uncured at the end of the notice periods; or upon thirty (30) days written notice for (i) Customer breach of a non-economic, material provision of this Agreement or any law, rule or regulation governing other Services which remains uncured at the end of the notice period,; (ii) Customers insolvency, bankruptcy, assignment for benefit of creditors, appointment of trustee or receiver; and /or trustee. En-Touch may terminate or suspend Services without notice if: (i) necessary to protect En-Touch network; (ii) there is reasonable evidence of Customer’s illegal improper or unauthorized use of Services: or (iii) required by legal or regulatory authority. Termination of services shall not relieve
Customer of any liabilities incurred prior to discontinuance of service.

SEVERABILITY

If any provision hereunder is declared or held invalid, illegal or unenforceable, this Agreement will be revised only to the extent necessary to make such provision(s) legal and enforceable, or if impossible, the unaffected portion of this Agreement shall remain in full force and effect so long as the Agreement remains consistent with the Parties original intent.

CONFIDENTIALITY

Each Party may disclose confidential information to the other Party in connection with this Agreement. Confidential information includes This Agreement, Service Orders, all pricing information and any other information that is marked confidential or bears a marking of like import. Confidential information may not be disclosed except to those employees or affiliates of the receiving Party who have a need to know or to consultants or subcontractors or the receiving Party who agree to be bound by this Section.

SERVICE OUTAGE CREDITS

Credits for Service Outages (defined as a complete loss of capability for a Service caused by En-Touch’s network) will be calculated as follows: Monthly Recurring Charge for Service divided by the number of days in the month in which the Service Outage occurred, times the duration of the Service Outage expressed in days (or fraction thereof). Credits issued during any calendar month will not exceed the MRC associated with the affected Service that experienced the Service Outage(s). In order to obtain Service Outage Credit, Customer must report outage and obtain a trouble ticket from En-Touch for tracking purposes. For purposes of calculating applicable credits, a Service Outage begins when Customer reports the Service Outage to En-Touch and ends when the Service is restored. Outages caused by the equipment, acts or omissions of Customer, third parties, Force Majeure events, or outages occurring during scheduled or emergency maintenance are not applicable for Service Outage Credit.

TERMINATION LIABILITY

Customer may terminate this agreement and any Service Order’(s) associated with this agreement upon thirty (30) days prior written notice without incurring termination liability for En-Touch (i) breach of any material provision of this agreement which remains uncured at the end of the notice period. If Customer terminates this Agreement or any Service Order associated with this Agreement for any reason other than material breach of the provisions of this Agreement, then the full Monthly Recurring Revenues for the remaining term of the agreement shall become due and payable.

ASSIGNMENT

Neither party may assign its rights or obligations under this Agreement or any Order without the prior written consent of the other party which will not be unreasonably withheld; except for assignments to a wholly owned subsidiary or affiliate held under common control with such assignor, in which case no prior consent is required. Notwithstanding the foregoing, either party may, with written notice, assign its rights and obligations hereunder (a) to any present or future subsidiary, parent or affiliate; (b) pursuant to the sale or transfer of substantially all of the business of Customer; or (c) pursuant to the sale or transfer of the assets or operations of En-Touch used to provide the Services; or (d) pursuant to any financing, merger, or reorganization provided the intended assignee (i) has the financial ability to comply with the obligations of this Agreement, and (ii) agrees to be bound in writing with the terms and conditions of this Agreement.

ENTIRE AGREEMENT

This Agreement together with the Service Order(s) an applicable tariffs set forth the entire agreement with respect to the subject matter hereof, and supersede all prior agreements, promises, representations and negotiations between the Parties.

FORCE MAJUERE

Either Party shall be excused from performance if an ability to perform is due to a cause or causes beyond such Party’s reasonable control, including without limitation, acts of God, fire, explosion, pandemic, epidemic, vandalism, acts of terrorism, cable cuts cause by a third Party, adverse weather conditions, labor strikes and governmental action (Force Majeure”).

Internet Service Agreement and Acceptable Use Policy

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This Internet Service Agreement and Acceptable Use Policy (“AUP”) governs your use of the Internet services (“Service”) provided by enTouch (the “ISP”), whether you subscribe to the Service or not, and you agree to all the terms set forth herein. ISP reserves the right to immediately suspend or apply other interim measures in its sole discretion to your Service, or terminate your Service account if you violate the terms of the AUP. ISP also reserves the right to downgrade, suspend, or terminate other services you receive in addition to Internet. This AUP contains a binding arbitration provision below that affects your rights under this AUP with respect to the Service.

Generally, ISP does not monitor or edit the content posted by users of the Service or other Internet services that may be available on or through the Service (e.g., newsgroups, chat rooms, message boards, etc.). However, ISP and its agents reserve the right at their sole discretion to remove any content that, in ISP’s judgment, does not comply with the AUP or is otherwise harmful, objectionable, or inaccurate. ISP is not responsible for any failure or delay in removing such content. In addition, ISP may cooperate with legal authorities and/or third parties in the investigation of any suspected or alleged crime or civil wrong. Your violation of this AUP may result in the suspension or termination of either your access to the Service and/or your ISP account. You agree to indemnify, defend, and hold ISP harmless from any claims resulting from your use of this service, which damages you or another party. At our sole discretion, we may revoke your access for inappropriate usage. Use of any information obtained via the Service is at your own risk. ISP is not responsible for the accuracy, quality, or content of information obtained through the Service. This AUP should be read in conjunction with our Internet Service Agreement and other policies.

ISP reserves the right to revise, amend, or modify this AUP, our Internet Service Agreement and our other policies at any time and in any manner. Any revision, amendment, or modification will be posted in accordance with the terms of the Internet Service Agreement. By using this Internet service (“Service”) or by establishing an account, you agree to be bound by this Agreement and to use the Service in compliance with this Agreement, our Acceptable Use Policies and all other use policies (collectively, the “Terms of Service”). If you do not agree to the Terms of Service, including any future revisions, you may not use the Service, and if you have an account you must terminate it as provided herein. En-Touch Cablevision, your Internet service provider (the “ISP”), reserves the right to revise the Terms of Service and you accept sole responsibility for periodically reviewing them for any and all changes. Your continued use of this Service following the posting of any revisions to the Terms of Service constitutes your acceptance of those revisions.
We do not block, slow down or discriminate against lawful content. We believe in full transparency in our customer policies. We are for sustainable and legally enforceable net neutrality protections for our customers.

VIOLATIONS

The following constitute violations of ISP’s AUP:

(A) Using the Service to transmit any material (by email, uploading, posting, or otherwise) that, is intentionally or unintentionally, libelous, obscene, unlawful, threatening or defamatory or violates the intellectual property rights of any person or entity, or breaks any applicable local, state, national or international law, or any rules or regulations promulgated thereunder.

(B) Using the Service to harm, harass, degrade, or intimidate an individual or group of individuals on the basis of religion, gender, race, ethnicity, age, or disability.

(C) Using the Service to transmit any material (by email, uploading, posting, or otherwise) that threatens or encourages bodily harm or destruction of property.

(D) Using the Service to harass, threaten, embarrass or cause distress, unwanted attention or discomfort upon another.

(E) Using the Service to transmit any material (by email, uploading, posting, or otherwise) that infringes any copyright, trademark, patent, trade secret, or other proprietary rights of any third party, including, but not limited to, the unauthorized copying of copyrighted material, the digitization and distribution of photographs from magazines, books, or other copyrighted sources, and the unauthorized transmittal of copyrighted software.

(F) Using the Service to make fraudulent offers to sell or buy products, items, or services or to advance any type of financial scam such as “pyramid schemes,” “ponzi schemes,” and “chain letters.”

(G) Using the Service to transmit any unsolicited commercial email or unsolicited bulk email is prohibited. Activities that have the effect of facilitating unsolicited commercial email or unsolicited bulk email, whether or not that email is commercial in nature, is prohibited.

(H) Adding, removing or modifying identifying network header information in an effort to deceive or mislead.

(I) Using the Service to impersonate any person or entity, engage in sender address falsification, forge anyone else’s digital or manual signature, or perform any other similar fraudulent activity.

(J) Violating the rules, regulations, terms of service, or policies applicable to nay network, server, computer database, service, application, system, or web site that you access or use

(K) Using the Service to interfere with access to the Internet by other parties or disrupt the network used by ISP including but not limited to excessive data usage defined as more than 1TB per month.

(L) Using the Service to gain unauthorized access to any computer systems.

(M) Using the Service to access, or to attempt to access, the accounts of others, or to penetrate, or attempt to penetrate, security measures of ISP or another entity’s computer software or hardware, electronic communications system, or telecommunications system, whether or not the intrusion results in the corruption or loss of data.

(N) Using the Service to collect, or attempt to collect, personal information about third parties without their knowledge or consent.

(O) Using the Service to use or run dedicated, stand-alone equipment or servers from the ISP that provide network content or any other services to anyone outside of local area network.

(P) Using the Service for operation as an ISP or for any business, other legal entity, or organization purpose

(Q) Using the Service to restrict, inhibit, interfere with, or otherwise disrupt or cause a performance degradation, regardless of intent, purpose or knowledge to the ISP host, server, backbone network, node or service, otherwise cause a performance degradation to any facilities used to deliver the Service

(R) Reselling the Service without ISP’s authorization.

(S) Using the Service to harm minors in anyway.

ARBITRATION

YOU AGREE THAT ANY CONTROVERSY OR CLAIM ARISING OUT OF OR RELATED TO THIS AUP OR THE PROVISION BY ENTOUCH OF ANY EQUIPMENT OR SERVICE, OR THE PERFORMANCE OF ANY EQUIPMENT OR SERVICE, SHALL BE RESOLVED BY BINDING ARBITRATION IN HOUSTON, TEXAS COMMENCED NO MORE THAN ONE (1) YEAR AFTER THE DATE THE CAUSE OF ACTION AROSE, AND UNDER AND ACCORDING TO THE RULES OF THE AMERICAN ARBITRATION ASSOCIATION. YOU AND ISP EXPRESSLY WAIVE ANY ENTITLEMENT TO ATTORNEYS’ FEES OR PUNITIVE DAMAGES TO THE FULLEST EXTENT PERMITTED BY LAW. CONSOLIDATED OR CLASS ACTION ARBITRATIONS SHALL NOT BE PERMITTED.

Consumer Rights Notice

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DEPENDABLE, HIGH QUALITY SERVICES AT REASONABLE PRICES

ETS Telephone strives to provide quality telecommunications services for all consumers at fair prices.

FULL INFORMATION ABOUT OUR SERVICES

Consumers have a right to the information necessary to make sound decision. It is our policy to provide consumers with information about their telephone service, service options, including the lowest price service available and pricing and payment options. This information is available to you on the World Wide Web at http://www.entouch.net, or may be obtained by calling 1-888-610-1499 to request a copy of our service brochure.

CHOICE OF SERVICES

We believe consumers should have free and open choices of telecommunications services. When dealing with us, the consumer will have the opportunity to select from all available service options. These services are provided to consumers without discrimination as to race, nationality, color, sex, religion, or marital status.

AN ACCURATE, EASILY UNDERSTOOD BILL AND REASONABLE BILLING PROCEDURES

We believe consumers should receive an accurate, easily understood bill that makes it clear when payment is due. Consumers are entitled to reasonable billing procedures and clear explanations, suspensions, or disconnection of service for non-payment. In case of true emergencies, we try to avoid disconnection of service for non-payment.

ALTERNATIVE PAYMENT PLANS FOR BUSINESS AND RESIDENTIAL CUSTOMERS

You are responsible for making your payment in full and on time each month. If you cannot pay by the due date, please call your service representative at 1-888-610-1499. We may be able to make payment arrangements in case of circumstances beyond your control.

If you are unable to pay all of your bill, you may enter into a deferred payment plan if we have not issued more than two termination notices on your account in the preceding 12 months. Under the terms of a deferred payment plan, your service will not be terminated if you pay current bills and a reasonable amount of the outstanding bill and the balance in reasonable installments until the bill is paid. You will not be required to pay more than 1/3 of the total deferred amount when entering into a deferred payment plan. If you do not meet the terms of a deferred payment plan, your service may be terminated after proper written notice.

ETS Telephone Company, Inc. is not required to enter into a deferred payment plan with any customer who has telephone service for three months or less if that customer lacks sufficient credit or a satisfactory history of payment for previous service. Call your service representative at 1-888-610-1499 for more information. You have the right to request these alternative payment plans.

CREDIT AND DEPOSIT INFORMATION

A deposit may be required if you have not established credit for telephone service within the last two years or if you have paid your bill late more than once during the last 12-month period. Deposits are equal to approximately two months bill for a particular customer (average over a 12-month period). Interest will be paid on any deposit held over 30 days at a rate set annually by the Public Utility Commission of Texas. This rate is effective January 1 of each year. Accrued interest will be credit to your account if you are and have been paying your bill in a timely manner (12 months for your residence service or 24 months for your business service). The deposit will stop drawing interest on the day it is returned or credited to your account. It is our policy to apply a customer’s credit history equally for a reasonable period of time to a spouse or former spouse without modification and without additional qualifications required of the customers.

RESOLUTION OF COMPLAINTS

It is our policy that consumers, wherever located, have access to a readily available process to provide them with fair resolution of their complaints and grievances concerning services, billing, and other practices. Accordingly, we provide consumers with helpful information about where and how to express their concerns and complaints to the company and regulatory authorities.

THE OPPORTUNITY TO BE HEARD

We believe in listening to consumers and taking their advice and criticism into consideration in our policy and decision-making. We also believe consumers should have the opportunity to be heard on issues affecting our business.

HOW TO GET CREDIT FOR LOSS OF SERVICE

If you have reported that you have no dial tone and are unable to make or receive calls for 24 normal working hours or longer, and your service interruption is a result of network problems, you are entitled to credit on your next bill for part of the local service charges. If the adjustment does not appear on your next bill, call your service representative at 1-888-610-1499.

DISPUTED BILLS

A customer’s service shall not be subject to discontinuance for non-payment of the portion of a bill under dispute pending the completion of the determination of the dispute, but in no event to exceed 60 days. The customer is obligated to pay any billings not disputed.

HOW TO APPEAL

Your local service representative is available to answer your questions and resolve your problems. If you are not satisfied, ask to speak to a manager. The manager is there to assist you in resolving the problem. If your appeal is unresolved by the manager or higher levels of management at the business office, you may contact:

ETS Telephone Company, Inc.
Customer Care
11011 Richmond, Suite 400
Houston, TX 77042

If you are still not satisfied, you have the right to file a formal or informal complaint with the Public Utility Commission of Texas, which regulates all telephone service in Texas. The address is:

Public Utility Commission of Texas
Office of Customer Protection
PO Box 13326
Austin, TX 78711-3326
512-936-7120 or
Texas toll-free 888-782-8477
Fax 512-936-7003
Email: customer@puc.state.tx.us
Internet: www.puc.state.tx.us
TTY 512-936-7136

DISCONTINUANCE OF SERVICE BY PROVIDER

Your telephone bill is due upon receipt and is past due if the bill has not been paid or a deferred payment agreement entered into within 16 days after the bill was issued (post-marked.) If your bill becomes delinquent, the telephone company must provide a 10-day written notice before discontinuing your service.
If you are asked to make an additional deposit based on your actual usage and you do not pay the deposit or usage within 10 days, service may be disconnected. If you are asked to make an additional deposit based on your actual billings and you do not pay the deposit or bill within 15 days, service may be disconnected.

After proper notice and a reasonable opportunity to remedy the situation, telephone service may also be disconnected if you violate our rules regarding the use of service in a way that interferes with the service of others or regarding the operation of non-standard equipment.

Telephone service may be disconnected without notice where a known dangerous condition exists for as long as the condition exists, or where service is connected without authority by a person who has not applied for service or who has reconnected service without authority following termination of service for non-payment. Where reasonable, given the nature of the hazardous condition, a written statement providing notice of a disconnection and the reason will be posted at the place of common entry or upon the front door of each affected residential unit as soon as possible after service has been disconnected. Aside from the reasons stated, you have the right to continue service with us as long as full payment for local services is made in a timely manner.

RECONNECTION OF SERVICE

First, call your customer service representative at 1-888-610-1499. It’s important that any past-due charges for service be paid. There is a charge to have your service restored. Sometimes an advance payment or a deposit may also be required to re-establish your credit.

DIRECTORY ACCURACY

Every effort is made to make your directory as accurate as possible. In case of error or omission, the liability of the company, if any, shall not exceed twice the amount paid for the service during the period covered by the directory in which the error or omission occurred. If your White Pages listing(s) is incorrect or omitted from this directory, please contact your customer service representative at 1-888-610-1499. If your Yellow Pages listing is incorrect or omitted, please contact the publisher.

TARIFF REVIEW

The company’s tariffs are available for inspection at certain company locations. Copies may be obtained for a reasonable reproduction charge by calling 1-888-610-1499.

TARIFF PROVISIONS

Communication services furnished by ETS Telephone Company are public utility services which are offered by the company subject to the rules, regulations and charges set forth in its tariffs. These tariffs will at all times control the provision of such communication services. Every effort is made in this Help Guide to accurately portray information showing certain items, conditions and charges by which communication services are furnished. In the event of a conflict between such tariffs and the information contained in this Help Guide, the tariffs shall prevail. The company’s tariffs are subject to change. Any changes rates or services are on file with Public Utility Commission of Texas.

SERVICES FOR CUSTOMERS WITH A DISABILITY

This Agreement, the Acceptable Use Policy, the Privacy Policy, and ISP’s other user policies posted on Customers with physical disabilities and those who care for such customers are encouraged to identify themselves to ETS Telephone. In this way, special action can be taken to inform you of your rights, where necessary and appropriate to the particular situation.

CUSTOMER-PROVIDED EQUIPMENT

Under the Federal Communications Commission’s (FCC) Registration Program, you supply your own telephone equipment and connect it directly to the local network. You are responsible for the connection, operation, maintenance and repair of this equipment and should arrange for these services through the manufacturer if needed. This equipment cannot be connected to a coin telephone.

TELECOMMUNICATIONS PRIVACY

We fully safeguard every individual’s right to privacy as an essential aspect of our service. We carefully protect communications services from unlawful wiretapping or other illegal interception. Customer service records, credit information, and related confidential personal account information are fully protected.

UNLAWFUL WIRETAPPING

It is a crime under federal and state laws to wire-tap or otherwise intercept a telephone call unless the consent of on or both parties actually participating in the call has been obtained. (The exceptions are properly authorized law enforcement offices acting under court order, according to state and federal law.) The penalty for illegal wire-tapping can be a fine or imprisonment, or both.

PROTECTION FROM SOLICITOR CALLS

The Public Utility Commission of Texas has established the Texas No-Call List. If you do not wish to be called by sales people, more information is available at http://www.texasnocall.com or by calling 1-866-TXNOCAL(L) (1-866-896-6225).

CUSTOMER PROPRIETARY NETWORK INFORMATION (CPNI)

Protecting the confidentiality of your ETS Telephone service information and how it is used is important to us. It is also your right and our duty under federal law. This includes the types of services you purchase, how you use them, and the related billing of those services.

PROTECTION FROM UNAUTHORIZED PROVIDERS OR CHARGES

If you feel you have been “crammed” (being moved to a local or long distance service provider without your approval) or “slammed” (billing charges from other companies placed on your bill from ETS Telephone Company), please contact your Customer Service Representative at 1-888-610-1499 immediately.

Customer Proprietary Network Information (CPNI) Policy

ETS Telephone Company, Inc., and ETS Cablevision, Inc., d/b/a enTouch Systems supports our customers’ right to privacy.

enTouch Systems carefully follows the guidelines set forth in 47 CFR § 64.2001-2009 and Texas PUC Substantive Rule 26.122: enTouch Systems does not distribute or sell individual customer information to any party other than as required for directory assistance and directory publication.

1. Any request by a third party for customer information will be reviewed by our regulatory staff prior to response. Should the Regulatory Department have any reservations, the request may also be reviewed by Executive Management and/or an independent telecommunications attorney. Requests that would violate any part of USC 47 § 222 or Texas PUC Substantive Rule 26.122 will be immediately denied. Information in aggregate form which may be required for regulatory compliance filings, payments to vendors, or other business applications, does not violate this sanction.

2. Any request to port a telephone number in or out must be accompanied by a properly executed Letter of Authorization from the customer. Any request not accompanied by this document will be denied and returned to the requesting company or customer immediately.

3. All marketing campaigns by ETS Telephone and its affiliates, including En-Touch Systems, Inc., and ETS Cablevision, Inc., are broad in scope. Any campaign that targets individual telephone subscribers is prohibited. The Vice President of Marketing reviews marketing campaigns with the Management Team at weekly staff meetings. Any narrowly focused campaign will also be reviewed by regulatory staff and/or Executive Management and modified appropriately if there is any concern of CPNI compliance.

4. In-bound calls from customers to discuss their service or billing are assumed to be de-facto authorization to review CPNI with the customer. If the caller is not listed on the account, the customer service representative receiving the call will not provide account or service information until verbal approval from the account holder has been received.

5. Any out-bound calls to customers must meet the following guidelines:
a. Caller will identify themself as a representative of ETS Telephone or its affiliate, and will give their name.
b. Caller will provide a contact or call-back number if requested.
c. Caller will ask permission to discuss customer’s service prior to providing any other information or offer.

Failure to comply with this policy will be grounds for disciplinary action for any employee of enTouch Systems, ETS Telephone Company, Inc. or ETS Cablevision, Inc. Gross violations are grounds for immediate termination. Minor infractions such as failure to provide a call-back number on out-bound customer contacts will result in probation, repeated infractions will result in termination.

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Website Disclaimer

The information on this website is periodically updated. The documents, information and/or related graphics published on this website could include typographical errors or inadvertent technical inaccuracies, for which enTouch Systems is not liable. In the event enTouch determines that a product or service contains an inaccurate price or description, enTouch reserves the right to take any action it deems reasonable and necessary, in its sole discretion, to correct the error, including, and without limitation, canceling your order, unless prohibited by law. enTouch may make improvements or changes to any of its content, information products, services, or programs described on its website or in printed material at any time without notice.
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30-Day Money Back Guarantee

To qualify for the 30-Day Money-Back Guarantee you must be a new residential customer and cancel service within 30 days of installation. The total maximum amount that will be refunded or credited will be equal to one month’s monthly recurring service fee of services and equipment concurrently ordered and installed. Any refund or credit will be made within 60 days after all conditions are satisfied. A credit check and/or deposit may be required. Not valid with any other offer and may not be transferred or redeemed for cash.
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TiVo, Netflix, Hulu, YouTube, Trademark Disclaimers

YouTube© and the YouTube logo are trademarks of YouTube, LLC. © 2019 Hulu. Hulu subscription required. Hulu, the Hulu logo, and other Hulu marks, graphics, logos, scripts, and sounds are trademarks of Hulu, LLC. © 2019 TiVo Inc. All rights reserved. TiVo and the TiVo logo are trademarks or registered trademarks of TiVo Inc. or its subsidiaries worldwide. Netflix is a registered trademark of Netflix, Inc.
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24-Hour Back-Up Power Disclosure

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There is no obligation for the customer to have, deploy, or purchase an uninterruptible power supply back-up device.

AVAILABILITY OF BACK-UP POWER SOURCES

For many years, your home phone would allow you to stay connected to emergency voice services during a power outage. However, many of today’s advanced home phone services require backup power to continue functioning during an outage. To avoid a disruption of home voice service during an outage – and to maintain the ability to connect to 911 emergency services — enTouch offers you the option of purchasing backup power for your home phones.

BACK-UP POWER LIMITATIONS

enTouch uses an UPS (uninterruptible power supply) for telephone modems to allow you to continue to use your home voice services during a power outage. Without a backup uninterruptible power supply or alternate backup source such as a generator, customers will not be able to make any calls, including emergency calls to 911. The only way to maintain the ability to use your phone is by using some form of backup power. Our backup uninterruptible power supply does not provide power to any services other than voice. Home security systems, medical monitoring devices and other equipment will not run on a home phone backup uninterruptible power supply.

PURCHASE AND REPLACEMENT OPTIONS

If you are concerned about being able to contact 911 emergency services during a power outage, a backup uninterruptible power supply may be a good option for you. The UPS offered by enTouch weighs approximately 1.76 lbs. with approximate dimensions of 6.1 by 3.5 inches. You can purchase a UPS through enTouch for $198. If you have any questions or simply want to purchase a backup device through us, please call 1-888-610-1499.

If you are not comfortable installing your own uninterruptible power supply, please call us to make an appointment, and we would be happy to assist you. However, please note that there may be a charge for this service.

You can also purchase an uninterruptible power supply from the local stores near your home.

EXPECTED BACK-UP POWER DURATION

The UPS is expected to last up to 24 hours on standby power. Actual talk time will depend on the specific device purchased and the age and condition of the internal battery.

CARE AND USE OF YOUR BACK-UP POWER

Please follow the detailed instructions included with your uninterruptible power supply for proper use, testing, and care to ensure that the device will function as needed during a power outage. Environmental factors such as temperature can shorten the useful life of the device. We recommend it be used in an environment kept between 41°F and 104°F. The UPS has a rechargeable, internal battery that may have to be replaced every 3-5 years, or when the device makes a loud beeping sound while commercial power is still present and the unit is not running on battery. See the instructions above for purchase and replacement options.

Network Performance Metrics

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PERFORMANCE DEFINITIONS

ISP- Internet service provider
Upstream speed- Speed at which data can be transferred from the customer to the server

Downstream- Speed at which data is sent from a network service provider to a customer

Packet loss- When parts of data fail to reach their destination

Latency- Time delay in transmitting or receiving packets on a network

Internet Gateway- Data communication device used to connect equipment to the internet. Examples include modem, router or ONT

The actual speed a customer experiences at their home can vary depending on numerous conditions. Many of these conditions are beyond the control of the ISP.

PERFORMANCE OF ON-SITE COMPUTER

This would include computer age, processing capability, operating system, the number of applications running simultaneously, and the presence of any adware and
viruses.

TYPE OF CONNECTION BETWEEN A CUSTOMER’S COMPUTER AND INTERNET GATEWAY

In-home wireless connections between the computer and the router or modem will be slower than wired connections. EnTouch recommends that customers confirm that their in-home wireless connections are able to support the speeds that enTouch’s services deliver. Certain older in-home wireless connections and routers cannot perform at the speeds delivered by EnTouch’s higher speed tiers. Customers can purchase their modem and router at a retail outlet, or they can lease the necessary equipment from EnTouch, though even wireless routers leased from EnTouch are subject to some of the same limitations mentioned above.

THE DISTANCE PACKETS TRAVEL (ROUND TRIP TIME OF PACKETS)

The distance packets travel (round trip time of packets) between a customer’s computer and their final destination on the Internet, including the number and quality of the networks of various operators in the transmission path. The Internet is a “network of networks.” A customer’s Internet traffic may traverse the networks of multiple providers before reaching its destination, and the capabilities of those networks may affect the overall speed of that Internet connection.

CONGESTION OR HIGH USAGE LEVELS AT THE WEBSITE OR DESTINATION

When you access a site or particular destination that is being visited by others at the same time, you may experience a slower connection if the site or destination does not have sufficient capacity to serve all of the visitors efficiently at the same time.

GATING OF SPEEDS OR ACCESS BY THE WEBSITE OR DESTINATION

To control traffic or performance, many websites limit the speeds at which a visitor can download from their site. Those limitations will carry through to a customer’s connection.

THE PERFORMANCE OF THE CABLE MODEM INSTALLED

Modem performance may degrade over time, and certain modems are not capable of handling higher speeds.

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