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. 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:
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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 of $11.50 as payment for the additional administrative expense incurred with respect
to the handling of the late payment. 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
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 EnTouch 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.
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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.
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, 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
This 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.
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”), reserve 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.
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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 scamsuch 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.
Subsriber Obligations
(A) End users establishing an account with the ISP (“Members”) must be at least 18 years old.
(B) Members must (i) provide ISP with accurate and complete billing information including legal name, address, telephone number, and credit card/billing, and (ii) report to ISP all changes to this information within 30 days of the change. Members are responsible for all charges to their account.
(C) Members are billed each month for the basic service and any additional usage or services. Members are responsible for paying all charges billed to their account in the manner and method prescribed on their invoice. ISP is not responsible for any charges or expenses (overdrawn accounts, exceeding credit card limits, etc.) resulting from charges billed by ISP.
(D) If ISP has failed to pay any underlying service provider all amounts owing for your account – whether or not you have paid ISP – your account will be subject to suspension or cancellation until you or ISP has paid all amounts due.
(E) Delinquent accounts may be suspended or canceled at ISP’s sole discretion; however, charges will continue to accrue until the account is canceled. ISP may bill an additional charge to reinstate a suspended account.
(F) Members are responsible for any use or misuse of the Service that violates the AUP by anyone in the member household whether they are a friend, family member, or guest
(G) Members are solely responsible for the security of any device you connect to the Service, including any data stored or shared on that device; members are also responsible for ensuring any customer owned equipment that connects to the Service is protected from external threats such as viruses, spam, bot nets, and other intrusion methods.
Term of Agreement
Continued use of the Service constitutes acceptance of this Agreement and any future versions. If you are dissatisfied with the Service or any related terms, conditions, rules, policies, guidelines, or practices, your sole and exclusive remedy is to discontinue using the Service and, if you are a Member, to terminate your account.
Termination
ISP reserves the right, in its sole discretion, to terminate your account, your password and your use of the Service, with or without notice. You may terminate your account at any time and for any reason by providing notice of intent to terminate to ISP by:
(a) telephone calls directed to Customer Service.
(b) registered or certified mail, return receipt requested addressed to ISP. Email termination of your basic Internet access account will not be accepted. If your account included space on ISP’s servers, anything stored on this space will be deleted upon termination. Section 2, the third paragraph of Section 3, and Sections 5, 6, 7, 12
and 13 of this Agreement shall survive termination of this Agreement.
Member's Account, Password and Security
Members receive a user name, password and account designation upon registration. You and members of your household are the only authorized users of your ISP account and must comply with this Agreement. You must keep your password confidential so that no one else may access the Service through your account. You must notify ISP within 24 hours of discovering any unauthorized use of your account.
Using a personal account for high volume or commercial use (e.g., revenue generation, advertising, etc.) is prohibited. Email accounts exceeding 10MB in size may, at ISP’s discretion, be transferred to a compressed temporary file or storage. ISP may delete the temporary file from the server 60 days after notifying you. Any Member Web site exceeding 5MB of disk space or 250MB of data transfer will be billed for excess usage. You may establish a commercial or high-volume account by the ISP.
Usernames, passwords and email addresses are ISP’s property and ISP may alter or replace them at any time.
Software License
ISP grants to each Member a limited, non-exclusive, non-transferable and non-assignable license to install and use the ISP access software (including software from third-party vendors that ISP distributes) (in object code format), its associated documentation, and any updates thereto (“Licensed Programs”) in order to access and utilize the Service. Each Member agrees to use the Licensed Programs solely in conjunction with the Service and for no other purpose. ISP may modify the Licensed Programs at any time, for any reason, and without providing notice of such modification to a Member.
The Licensed Programs constitute confidential and proprietary information of ISP and ISP’s licensors and embody trade secrets and intellectual property protected under United States copyright laws, other laws, and international treaty provisions. All right, title, and interest in and to the Licensed Program, including associated intellectual property rights, are and shall remain with ISP and ISP’s licensors. Member shall not translate, decompile, reverse engineer, distribute, remarket or otherwise dispose of the Licensed Program or any part thereof.
You may not download, use or otherwise export or re-export the Licensed Programs or any underlying information or technology except in full compliance with all United States and other applicable laws and regulations. By installing or downloading the Software, you represent and warrant that you are not located in, under the control of or a national or resident of any country on the U.S. Treasury Department’s list of Specially Designated Nationals or the U.S. Commerce Department’s Table of Deny Orders.
Disclaimer of Warranties
EXCEPT FOR CERTAIN PRODUCTS AND SERVICE SPECIFICALLY IDENTIFIED AS BEING OFFERED BY ISP, ISP DOES NOT CONTROL ANY MATERIALS, INFORMATION, PRODUCTS, OR SERVICE ON THE INTERNET. THE INTERNET CONTAINS UNEDITED MATERIALS, SOME OF WHICH ARE SEXUALLY EXPLICIT OR MAY BE OFFENSIVE TO YOU. ISP HAS NO CONTROL OVER AND ACCEPTS NO RESPONSIBILITY FOR SUCH MATERIALS. YOU ASSUME FULL RESPONSIBILITY AND RISK FOR USE OF THE SERVICE AND THE INTERNET AND ARE SOLELY RESPONSIBLE FOR EVALUATING THE ACCURACY, COMPLETENESS, AND USEFULNESS OF ALL SERVICE, PRODUCTS, AND OTHER INFORMATION, AND THE QUALITY AND MERCHANTABILITY OF ALL MERCHANDISE PROVIDED THROUGH THE SERVICE OR THE INTERNET. THE SERVICE IS PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS. ISP DOES NOT WARRANT THAT THE SERVICE WILL BE UNINTERRUPTED, ERROR-FREE OR FREE OF VIRUSES, OR OTHER HARMFUL COMPONENTS. ISP MAKES NO EXPRESS WARRANTIES AND WAIVES ALL IMPLIED WARRANTIES INCLUDING, BUT NOT LIMITED TO, WARRANTIES OF TITLE, NON-INFRINGEMENT, MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE REGARDING ANY MERCHANDISE, INFORMATION OR SERVICE PROVIDED THROUGH ISP OR THE INTERNET GENERALLY. NO ADVICE OR INFORMATION GIVEN BY ISP OR ITS REPRESENTATIVES SHALL CREATE A WARRANTY.
Limitation of Liability
UNDER NO CIRCUMSTANCES SHALL ISP, EMPLOYEES, SUBSIDIARIES, ITS LICENSORS OR ANY UNDERLYING SERVICE PROVIDER BE LIABLE FOR ANY COSTS OR DAMAGES ARISING DIRECTLY OR INDIRECTLY FROM YOUR USE OR INABILITY TO USE THE SERVICE OR THE INTERNET INCLUDING ANY INDIRECT, INCIDENTAL, EXEMPLARY, MULTIPLE,
SPECIAL, PUNITIVE, OR CONSEQUENTIAL DAMAGES. THIS LIMITATION APPLIES WHETHER THE ALLEGED LIABILITY IS BASED ON CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY, OR ANY OTHER BASIS, EVEN IF ISP HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGE. BECAUSE SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, ISP’S LIABILITY IN SUCH JURISDICTIONS SHALL BE LIMITED TO THE EXTENT PERMITTED BY LAW.
Indemnification
Upon a request by ISP, you agree to defend, indemnify, and hold harmless ISP and its subsidiary and other affiliated companies, and their employees, contractors, officers, and directors from all liabilities, claims, and expenses, including attorneys’ fees that arise from your use or misuse of this site. ISP reserves the right, at it own expense, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you, in which event you will cooperate with ISP in asserting any available defenses.
Monitoring the Service
ISP has no obligation to monitor the Service, but may do so and may disclose information regarding the use of the Service for any reason if ISP, in its sole discretion, believes that it is reasonable to do so, including but not limited to: satisfy laws, regulations, or Governmental or legal requests; operate the Service properly; or protect itself and its Members. Please see our Privacy Policy. ISP may immediately remove your material or information from ISP’s servers, in whole or in part, which ISP, in its sole and absolute discretion, determines to infringe another’s property rights or to violate our Acceptable Use Policy.
Electronic Mail
The Service may not be used to communicate or distribute email or other forms of communication in violation with AUP. The ISP uses reasonable network management to prevent customers from receiving and sending spam. The ISP is not responsible for deleting or forwarding any email sent to the wrong email address by you or anyone else or forwarding email to any account that has been suspended or terminated. This email will be returned to sender, ignored, deleted, or stored temporarily according to ISP’s sole discretion.
If ISP believes that any member’s name or email address is being used for any misleading, fraudulent, or other improper or illegal purpose, ISP reserves the right to block access to and prevent the use of any of these identifiers and may at any time require any customer to change his or her identifier. ISP may reserve any identified on the Service for its own purposes.
Excessive Data Usage
The ISP applies a monthly data consumption limit to members and reserves the right to change the limit for the Service at any time. If a member exceeds the monthly limit, ISP will temporarily decrease their internet speed to allow all users the right to use the Service without congestion.
Website Usage and Other Web Sites
The Service may provide, or third parties may provide, links to other World Wide Web sites or resources. Because ISP has no control over such sites and resources, you acknowledge and agree that ISP is not responsible for the availability of such external sites or resources, and does not endorse and is not responsible or liable for any content, advertising, products, or other materials on or available from such sites or resources. You further acknowledge and agree that ISP shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with use of or reliance on any such content, goods or services available on or through any such site or resource.
Some portions of the Website are made available for the free exchange of ideas by participants and are not regularly monitored nor moderated by ISP. ISP assumes no responsibility and makes no warranty that it will undertake to screen or remove such material. You agree to hold ISP harmless from all claims based upon the materials posted by others. Also, in exchange for availing yourself of the opportunity to upload or provide information to this site and any associated chat rooms or discussion areas, you will indemnify ISP from any claims made by third parties regarding the material that you provide. Personal information posted by you to the Website is posted at your own risk. ISP will have no liability arising from use of that information. You shall not use the Website to distribute or publish any advertising of goods or services, solicitations for funds, or other commercial messages. You agree that you will not post, upload or otherwise introduce a virus or other harmful code onto the Website. Your posting of material on the Website or providing material to ISP to use on the Website, will be deemed to be a grant by you to ISP of a perpetual, non-revocable, worldwide, non-exclusive license to the material to include the material on the Website and to reproduce, publish, distribute, perform, display, and transmit the material and to prepare derivative works as reasonably necessary to do so, and you waive all rights of attribution and integrity with respect to the material.
Copyright
ISP is committed to complying with U.S. copyright laws and requires all members to comply with these laws. You may not store any material or content on, or access, share, or disseminate any material or content over the Service in any manner that constitutes an infringement of third party intellectual property rights, including rights granted by U.S. copyright law. ISP complies with the Digital Millennium Copyright Act and provides a method for copyright owners to communicate information about alleged infringements to us, and for us to inform our customers about them. You may receive notices or alerts if your Service account is identified by a copyright owners as having been used in connection with acts of alleged copyright infringement. Owners of copyrighted works who believe their rights under U.S. copyright law have been infringed may take advantage of certain provisions of the Digital Millennium Copyright Act of 1998 to report alleged infringements to us. In accordance with the DMCA and other applicable laws, enTouch also maintains a policy to terminate the Service, in appropriate circumstances, provided to any customer or user who is a repeat infringer of third party copyright rights. Our repeat infringer policy includes graduated or escalated alerts of alleged infringements, acknowledgement of alerts, suspension of service, the application of other interim measures determined in its sole discretion to the Service, and in appropriate circumstances, termination of the Service and other associated services. ISP also reserves the right to terminate the Service at any time with or without notice for affected customer or user who
ISP, in its sole discretion, believes is infringing any copyright or other intellectual property rights. Copyright owners may report alleged infringements of their works by sending enTouch a notification of claimed infringement that satisfies the requirements of DMCA. Upon enTouch’s receipt of a satisfactory notice of claimed infringement for these works, enTouch will respond expeditiously to either directly or indirectly remove the allegedly infringing works, if applicable, or disable access to the works. enTouch will also notify the affected customer or user of the Service of the removal of disabling of access to the works.
Copyright owners my send enTouch a notification of claimed infringement to report alleged infringements of the works under DMCA to:
enTouch Systems
11011 Richmond Avenue
Suite 400
Houston, TX 77042
Email: marketing@entouchsystems.net
If you receive a DMCA notification of alleged infringement as described above, and you believe in good faith that the allegedly infringing works have been removed or blocked by mistake or misidentification, then you may send a counter notification. Upon receipt of counter notification that satisfies the requirements of the DMCA, ISP will provide a copy of the counter notification to the person who sent the original notification of claimed infringement and will follow the DMCA’s procedures with respect to a received counter notification. In all events, you expressly agree that ISP will not be party to any disputes or lawsuits regarding alleged copyright infringement.
A Special Note Concerning Minors
Protecting children’s privacy is especially important to us. It is our policy to comply with the Children’s Online Privacy Protection Act of 1998 and all other applicable laws. ISP recommends that children ask a parent for permission before sending personal information to ISP, or to anyone else online. If you are under the age of 13, you are not authorized to provide us with personally identifying information, and we will not use any such information in our database collection activities. We appreciate your cooperation with this federally mandated requirement.
Third Party Beneficiary
YOU AGREE THAT INTEGRATED BROADBAND SERVICES, INC. IS A THIRD-PARTY BENEFICIARY OF THIS AGREEMENT AND AS SUCH IS ENTITLED TO ALL THE RIGHTS AND PROTECTIONS AFFORDED BY THIS AGREEMENT TO ISP DESCRIBED HEREIN.
Miscellaneous
This Agreement, the Acceptable Use Policy, the Privacy Policy, and ISP’s other user policies posted on ISP’s website constitute the entire agreement between you and ISP with respect to your use of the Service.
ISP may revise, amend, or modify this Agreement, the Acceptable Use Policy and any other user policies, at any time and in any manner. Any revision, amendment, or modification will be effective immediately after ISP posts it at its website.
This Agreement is governed by the law of the state in which ISP operates its main office without regard to conflict of law provisions. The federal and state courts located in said state alone have jurisdiction over all disputes arising out of or related to this Agreement and the Service. You consent to the personal jurisdiction of such courts sitting in said state with respect to such matters or otherwise between you and ISP, and waive your rights to removal or consent to removal.
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 281-225-1000 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 281-225-1000. 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 281-225-1000 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 281-225-1000.
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 281-225-1000. 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 281-225-1000. 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 281-225-1000.
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 281-225-1000 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
There is no obligation for the customer to have, deploy, or purchase an uninterruptible power supply back-up device.
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