1. Terms and Early Termination
A. Service shall automatically renew for successive one month terms unless notice of termination is received from customer at least thirty (30) days prior to expiration of the then current one month term.
B. CamTel.Net shall have the right to terminate Service at any time upon thirty (30) days’ notice to Customer.
2. Member Representations
You represent and warrant that you are at least 18 years of age and that you possess the legal right and ability to enter into this Agreement and to use Service in accordance with this Agreement. You agree to be financially responsible for your use of Service (as well as for use of your account by others, including minors living with you) and to comply with your responsibilities and obligations as stated in this Agreement.
3. Payment of Charges
A. If you will pay for Service by credit card and CamTel.Net does not receive payment from the card issuer or its agents, you agree to pay all amounts due upon demand by CamTel.Net. Each time you use Service you agree and reaffirm that CamTel.Net is authorized to charge your designated card. Your card issuer agreement governs your use of your designated card in connection with Service, and you must refer to that agreement and not this TOS with respect to your rights and liabilities as a cardholder. You agree that CamTel.Net may, at its option, accumulate charges incurred during your billing cycle and submit them as one or more aggregate charges during or at the end of each cycle for electronic funds transfer from your credit card. This means that accumulated charges may appear on the statement you receive from your card issuer. Further, you agree that CamTel.Net may delay obtaining authorization from your card issuer until submission of the accumulated charges. You acknowledge that if you want to see the components of accumulated charges you may do so by contacting the Customer Care Center at CamTel.Net.
B. You must promptly notify CamTel.Net of changes to the account number or expiration date of your designated card, your billing address and the name of each minor whom you have authorized to use your CamTel.Net account. You must also promptly notify CamTel.Net if your card is canceled (e.g., for loss or theft) or if you become aware of a potential breach of security, such as the unauthorized disclosure or use of your Member identification or password.
C. You will incur additional charges if your usage of Service exceeds the number of hours covered by your applicable plan. You will be responsible for charges levied by your local or long distance telephone company to access service.
D. Customer is responsible for payment of all charges for Services provided by CamTel.Net. Charges for Services hereunder will be billed to Customer each month. Payment of all charges shown on each monthly invoice is due on or before the twentieth (20th) calendar day following the invoice date ("due date"). If Customer fails to make any payment required to be made herein on or before the due date, such payments(s) or any portion thereof not timely made shall be considered delinquent and Customer agrees to pay, in addition to such payment(s) or any portion thereof which remains outstanding from the due date until paid.
E. CamTel.Net reserves the right to suspend or terminate Service without notice upon rejection of any card charges or if your card issuer (or its agent or affiliate) seeks return of payments previously made to CamTel.Net. CamTel.Net believes you are liable for the charge. Such rights are in addition to and not in lieu of any other legal rights or remedies available to CamTel.Net.
F. You agree to pay a late charge on all amounts due but not timely paid and which remain unpaid for thirty (30) days after being billed. The late charge will equal the then-prevailing rate calculated monthly, not in advance, on the total amount due but not paid, until paid or if such rate is in excess of the allowable rate, the maximum rate allowed by law. CamTel.Net reserves the right to refer your account to a third party for collection in the event of ongoing default.
G. Acceptance by CamTel.Net of checks or drafts shall not constitute a waiver by CamTel.Net of its right to payment in full, including any applicable late fee.
H. In addition to the charges for Service set forth herein, Customer shall be required to pay any surcharge, duty, levy or tax including but not limited to sales, use of public utility taxes, or any tax in lieu thereof or in addition thereto imposed by any local, state, or federal government or governmental agency with respect to the Services and/or this Agreement. Also Customer shall be responsible for any costs, fees or other charges imposed on CamTel.Net hereafter as a result of providing the Service to Customer.
I. In the event of a good faith dispute by Customer as to any amount charged by CamTel.Net, Customer shall notify CamTel.Net of the dispute in writing not later than the thirtieth (30th) calendar day following the date of the invoice in which the disputed amount is contained. In no event, however, shall Customer withhold or delay payment. In the event payment is withheld or delayed, the provisions herein with regard to delinquent payments and termination or limitation of Service shall apply, in addition to all other rights or remedies to which CamTel.Net is entitled.
J. CamTel.Net reserves the right to revise the charges for use of the Service at any time in its sole discretion, upon thirty (30) days advance notice to Customer.
4. Security Deposit
CamTel.Net reserves the right to require Customer to make a security deposit for the establishment of continuation of Service. CamTel.Net's failure to request such a deposit shall not operate as a waiver of the requirement that Customer provide same, and Customer shall provide this deposit within fifteen (15) days of notification from CamTel.Net.
5. Attorney Fees
Customer agrees that it shall be liable to CamTel.Net for all costs, expenses and a reasonable attorney's fee incurred by CamTel.Net in the collection of any amounts due under this agreement.
Notices given by CamTel.Net to you will be given by Email or by a general on-line posting on Service, or by conventional mail. Notices given by customer to CamTel.Net must be given by Email and addressed as set forth on CamTel.Net’s web site (http://www.camtel.net/) or by conventional mail. Notices to CamTel.Net by conventional mail must be sent to CamTel.Net, Attention: Customer Care, P O Box 2237, Sulphur, LA 70664-2237
7. Waiver of Warranty and Indemnifications
A. CamTel.Net makes no warranty, either express or implied, concerning its Services or Server, including, without limitation, warranties of merchantability or fitness for a particular use or purpose, and even as to a return of the purchase price.
B. CamTel.Net shall not be liable for, and Customer agrees to indemnify and hold CamTel.Net harmless from and against any and all damages, claims, actions, losses and other expenses, including attorney fees and court costs, which arise out of or in connection with (i) mistakes, omissions, interruptions, errors or defects in furnishing services pursuant to this Agreement; (ii) loss of data, delay, interruption or inability to access the Internet or to transmit or receive information, (iii) failures or defects in the Server or related equipment, (iv) changes in the Server, operations, equipment, procedures or Services by CamTel.Net, (v) any libel, slander, or infringement of copyright arising from the material transmitted over the Server and/or Services; (vi) any infringement or patents arising from combining or using equipment or systems of Customer with the Server or Services; (vii) any act or omission in the operations of or defect in any facilities used in connection with Customer's use of the Services.
C. Utilization of any data or information received by Customer from the Service is at Customer's sole and absolute risk. CamTel.Net specifically disclaims and denies any responsibility for and makes no guarantee of the completeness, accuracy or quality of information obtained through the Service.
8. Termination of Service
In addition to termination in accordance with Section 1 above, this Agreement and the Services provided hereunder may be terminated by CamTel.Net , in whole or in part, in its sole discretion and without advance notice thereof to Customer upon failure to make or timely make payment any sum due CamTel.Net. Unauthorized Usage or any other violation by Customer of the terms and conditions provided in this Agreement may result in termination or other interruption of Services. CamTel.Net, pursuant to this section, shall be without liability to Customer for any expenses, losses or damages whatsoever, whether arising in tort, contract or otherwise.
9. Network Rules
Customer must comply with the rules and Acceptable Use Policy ("AUP") of any network accessed through use of the Service, including MSFNET. AUP can be obtained on-line or from CamTel.Net upon request. For assistance in locating a network's AUP, Customer shall contact the System Networks Administrator.
Customer agrees not to assign, transfer or sublicense rights to Service. Other members of Customer’s household may be allowed use of Service, provided that Customer hereby agree to pay all charges that they incur and to be responsible for all other aspects of their usage. Customer acknowledges that some areas of Service may contain material that is unsuitable for minors, and Customer agrees to supervise usage by minors permitted to use Service.
11. Entire Agreement
This TOS supersedes all prior discussions and agreements between the parties, written or oral, with respect to the subject matter hereof and contains the sole and entire agreement between the parties.
12. Waiver of rights
No delay or omission in exercising any right, power, remedy for a failure to perform or breach, shall be deemed a waiver by such party of any further exercise of such right, power, remedy for a failure to perform or breach, or any other right, power or remedy, whether of a similar or dissimilar nature.
13. Governing Law
This TOS and the rights and obligations of the parties hereunder shall be governed by the laws of the State of Louisiana.