Company Liability

Folks, we at HTC try our very best to give you reliable service, but a lot must go just right for your services to be on all the time.  Your service has "parts" that must work, all the way from your house to sometimes hundreds of miles away.  Sometimes those "parts" might fail.  Actually, our services are remarkably reliable, if we do say so ourselves.  But we can't guarantee 100% uninterrupted service.  We want to hear from you right away when something goes wrong so we can fix it as soon as possible.  Now, here's what we just said, but with a whole lot more words:

A. The liability of the Company for damages arising out of mistakes, omissions, interruptions, delays, errors, or defects in transmission occurring in the course of furnishing service and not caused by negligence of the customer, shall in no event exceed an amount equivalent to the proportionate charge to the customer for the period of service during which such mistakes, omissions, interruptions, delays, or errors or defects in transmission occur. No other liability shall in any case attach to the Company. The above described remedies in favor of customer are exclusive and in no event shall the Company, its contractors and agents be liable or responsible to customer or any other person or entity with respect to any other liability, loss or damage, arising out of, caused or alleged to be caused, directly or indirectly, by the Company, including but not limited to any death, bodily injury, an interruption of service, loss of business or profits or any indirect, special, or consequential damages.

B. The customer indemnifies and saves the Company harmless (including costs and reasonable attorney’s fees) against the following:

             1. Acts or omissions of other companies when their facilities are used in   

                 connection with the Company’s facilities to provide service.

           2.  Any defacement or damage to the customer’s premises resulting from

                  the existence of the Company’s instruments, apparatus and associated wire on                     such premises, or from the installation or removal thereof, when such            

                  defacement   or damage is not the result of negligence of the Company, or its   

                  employees.

             3.  Any accident, injury, or death occasioned by its equipment or facilities when such 

                  is not due to negligence of the Company.

              4. Claims for libel, slander, or infringement of copyright arising directly or indirectly  

                   from the material transmitted or recorded over its facilities; claims or    
                   infringement  of patents arising from combining with, or using in connection with,

                   facilities of the Company, apparatus, systems and their associated wiring of the
                   customer; and against all other claims arising out of any act or omission of the 
                   customer in connection with facilities provided by the Company.

           5. Liability for failure to provide service.

C. The customer indemnifies and saves the Company harmless against any accident, injury or death caused through the use of telephone apparatus which fail to meet the dielectric requirements as established bye the Company when such apparatus is provided by the customer.  The Company has the right of refusing to, or ceasing to, render telephone service to a customer if at any time any of the telephones, appliances, lines or apparatus on the customer’s premises shall be considered unsafe by Company personnel, or if the use of the service shall be prohibited by or forbidden under any law, ordinance or regulation.

 

D. Upon request of subscriber for trouble visit a charge will be made if trouble is found to be in subscriber provided systems.

The Company shall not be responsible for the installation, operation, or maintenance of any customer-provided systems, unless under arrangement separate from this tariff. Exchange and message toll telephone services are not represented as adapted to the use of customer-provided systems where such systems are connected to the Company facilities the responsibility of the Company shall be limited to the furnishing of facilities suitable for exchange and message toll telephone services and to the maintenance and operation of such facilities in a manner proper for such telephone services; subject to this responsibility the Company shall not be responsible for the through transmission of signals generated by the customer-provided systems.

The Company shall not be responsible to the customer or otherwise if changes in the criteria, or in any of the facilities, operations or procedures of the Company render any customer provided facilities obsolete or require modification or alteration of such facilities or otherwise affect its use or performance. Where it is reasonably foreseeable to the Company that such changes may affect customer provided facilities, the Company shall provide reasonable notice.