Terms of Service

“Company” means YOURTEL AMERICA, INC.

“Customer” a. Any person who uses any YOURTEL AMERICA, INC.’s Service; b. any person with actual or apparent authority to represent that person or to use the Services.

“Local Telephone Company” A company that furnishes local exchange service.

“Services” The service offering(s) provided by YOURTEL AMERICA, INC. and purchased by a Customer.

YOURTEL AMERICA: YOURTEL AMERICA, INC.

1. 2.1General Application. These Terms and Conditions of Service (“Terms and Conditions”), together with the applicable rates for service (“Rate” or “Rates” ), constitute your agreement with YOURTEL AMERICA (“Agreement”) for the Services described herein that you, as a Customer, purchase or apply for from YOURTEL AMERICA.


2. 2.2BY ACTIVATING AN ACCOUNT OR USING THE SERVICES, YOU 1) ACCEPT AND AGREE TO THESE TERMS AND CONDITIONS AND YOURTEL AMERICA’S RATES AND 2) UNDERSTAND THAT YOU ARE ENTERING INTO A CONTRACTUAL AGREEMENT WITH YOURTEL AMERICA TO ACT AS YOUR COMMUNICATIONS REPRESENTATIVE WITH AT&T OR ANY SHARED TELECOMMUNICATIONS PROVIDER AND YOU WISH TO MAKE YOURTEL AMERICA YOUR CARRIER OF CHOICE FOR LOCAL SERVCE, INTRA-LATA AND INTERLATA TOLL AND 4) AUTHORIZE YOURTEL AMERICA TO HANDLE ALL NEGOTIATIONS FOR SERVICE REQUESTS AND THE ISSUANCE OF ORDERS ON THE SERVICE AT THE ADDRESS YOU HAVE PROVIDED AND ON THE PHONE NUMBER ISSUED BY YOURTEL AMERICA UNTIL FURTHER NOTICE [THIS AUTHORIZATION DOES NOT PRECLUDE YOUR ABILITY TO ACT ON YOUR BEHALF TO CHANGE SERVICE PROVIDERS] AND 5) ACKNOWLEDGE THAT YOU HAVE READ AND UNDERSTAND THESE TERMS AND CONDITIONS. IF YOU DO NOT AGREE WITH YOURTEL AMERICA’S RATES OR TERMS AND CONDITIONS, DO NOT USE THE SERVICES.


3. 2.3Changes to Rates, Terms and Conditions. YOURTEL AMERICA reserves the right to change its Rates or Terms and Conditions at any time. All changes to existing service and product offerings will be posted on YOURTEL AMERICA’s website at http://www.yourtelamerica.com at least 24 hours before they become effective and will become binding on the Customer on the effective date. The rates, terms and conditions of new service or product offerings will be posted on YOURTEL AMERICA’s website within 24 hours after such new service or product is available to customers. You may also obtain information on Rates or a copy of the current Terms and Conditions by calling the YOURTEL AMERICA Customer Service number in:
   The Greater Kansas City Area, Atchison, Lawrence, Leavenworth, Topeka, Excelsior Springs – 816-472-4377
   St. Joseph, MO – 816-364-9000
   Springfield, MO – 417-866-3222
   St. Louis, MO – 314-446-7090
   Lawton, OK – 580-355-9191
   Oklahoma City, OK – 405-799-1500
   Tulsa, OK – 918-749-9191
   or by writing to YOURTEL AMERICA Customer Service at PO Box 270017, Kansas City, MO, 64127. YOUR USE OF THE SERVICES CONSTITUTES YOUR AGREEMENT TO YOURTEL AMERICA’S RATES, TERMS AND CONDITIONS THAT ARE IN EFFECT AT THE TIME YOU USE THE SERVICES.


4. 2.4Scope. This Agreement applies to all YOURTEL AMERICA’s Services herein described.


5. 2.5Shortage of Facilities. All services are subject to the availability of suitable facilities. YOURTEL AMERICA reserves the right to limit the length of communications or to discontinue furnishing services when necessary because of a lack of transmission medium capacity or because of any other causes beyond its control.

1. 3.1Charges. Customer agrees to pay for Services at the current Rates and subject to any applicable restrictions.


2. 3.2YOURTEL AMERICA will be prorating your bill. Proration is a partial month’s service based on when your service is expected to start that will bring your service current with your billing cycle. We will collect this amount from you at the time you apply for service. If your service is not working after this date you must notify us immediately or you will still be responsible for service from the due date. If it does not start on the expected DUE DATE there will be a credit (depending on the cause).
   
   1. 3.2.1If the service is not working because of a problem inside your home we will send out a technician within 5 business days to fix the problem. For our residential customers, we will do the following: we will get ONE jack working for FREE (whichever jack is most convenient for the technician). Wireplan customers can have up to 2 jacks of their choice repaired. The extent of the FREE work will be based on the technician’s judgment of fair and reasonable work. Apartment complexes are typically the responsibility of the Landlord and YourTel America will not perform excessive work. Any FREE work done will be charged to you if you fail to remain a customer for at least 60(sixty) days. You will be responsible for service from the due date. If after your DUE DATE the service is not working because of a problem outside (before the Demarcation Box) we will get the service fixed as soon as possible. Your account will be credited for these days.
   
   
   2. 3.2.2We provide service to the Demarcation Box (D Box). This is the box on the side of your house or apartment. WE ARE NOT RESPONSIBLE FOR WIRING INSIDE YOUR HOME, UNLESS YOU HAVE WIREPLAN.
   
   
   3. 3.2.3If you have problems with your service, AND YOU HAVE WIREPLAN, we will send out a technician to fix the problem as soon as possible. IF YOU DO NOT HAVE THE WIREPLAN and you have problems, a technician will be sent to test your D box. A. If it is determined that the problem is before the D Box, we will dispatch an SBC technician to fix the problem. B. If the problem is inside your home, you will be charged $30.00 TROUBLE ISOLATION CHARGE for the service call. IF WE CANNOT ACCESS THE D BOX THERE WILL BE A $15.00 NO ACESS CHARGE. Missed appointments and problems caused by alarm systems (or other electronic devices) are chargeable trips, which cost $15.00 each, regardless of whether you have Wireplan or not. Any intentional damage (vandalism) has a cost of $50.00, again, this is regardless of whether you have Wireplan or not.
   
   
3. 3.3If you choose installment billing, the second half of the processing fee plus an additional charge of $5.00, is due in ten (10) days from the date you applied for Service. If you elect to pay monthly and chose a split-processing fee, we will divide the processing fee plus a $5.00 handling fee into 3 payments. (Payments for services on a multi-month basis are not eligible for split-processing fee payments). The first of these 3 payments will be due today, and the remaining 2 payments due with your next 2 months service payments. This date will be included on the invoice you will receive at the time you apply for service.
   
   1. 3.3.1In the state of Missouri ONLY, the Processing Fee and First Month’s Prepaid Service Charges can be refunded to you if you cancel service within ten (10) business days after receiving your Missouri Customer Information Bulletin.


4. 3.4You should not be able to receive collect calls. If you do and someone in the household accepts the call, you are responsible for the charges. The same applies to any miscellaneous charges such as call interrupts, etc.
   
   1. 3.4.1We can make your phone capable of placing a call trace. This costs $4.00 every time you do a trace. You WILL NOT receive the number of the harassing party. If you have a persistent problem and you call the POLICE, they can contact the SOUTHWESTERN BELL CALL TRACE TRAP server.


5. 3.5If you use 411, 1+411, 1+area code+555-1212 or 0, you are responsible for and must pay for any charges incurred. If you abuse (the constitution of such abuse to be solely under the jurisdiction of YOURTEL AMERICA) any of these options, or allow the unpaid balance for such calls to reach $10.00 or above, your ability to access these services will be blocked. To help avoid such charges it is recommended that you use a free information service such as Free411 at 1-800-373-3411 or 1-800-466-4411. Should you have 1+ Long Distance with a provider other than YOURTEL AMERICA your access to that Long Distance will also be blocked. You will need to pay an administrative change charge as well as any amount owed as a result of the use of these options in order to have these unblocked. You indemnify and save harmless YOURTEL AMERICA from any and all claims, losses and damages caused by this restriction of your long distance calling.


6. 3.6Anytime you make a change to your Service, you will be charged $10.00 plus tax. A change includes removing options from your account.


7. 3.7Payment Terms. Customer agrees to pay for Services at the Rates applicable to at the time the Service(s) is used and according to the terms of this Agreement


8. 3.8Rendering and Payment of Bills
   1. 3.8.1Billing periods are monthly.
   
   
   2. 3.8.2Payment for first month’s service is payable in advance and payment in advance for each month of service is due in full by the due date.
   
   
   3. 3.8.3Your billing date is dependent on the billing cycle assigned to your account. Your billing cycle will run from the date your service goes active this month to the same date the following month and will continue each month on that same date. If you are paying for services monthly or multi-monthly and regardless of whether or not the postal service delivers your statement properly, it is due by that date that month. Regardless of whether or not the United States Postal Service delivers your statement properly, your payment is due on the assigned due date. You will be given your specific due date for your account at the time you apply for your initial service.
   
   
   4. 3.8.4All charges for Service are payable only in the United States currency. Payment may be made by cash, check, money order, cashier’s check, MoneyGram, Visa, MasterCard, Discover, American Express, PayPal or AutoPay debit from your bank. Payments must be delivered to YOURTEL AMERICA and must be made at one of our retail locations, drive-thru windows or twenty-four (24) hour drop box. Payments for service mailed to YOURTEL AMERICA, or deposited in the drop off box must be in the form of a Money Order, personal check or Certified Check. Credit card payments are accepted by YOURTEL AMERICA either by telephone or any location.


9. 3.9Billing Errors. If you believe that YOURTEL AMERICA has charged you Rates in error, please contact YOURTEL AMERICA Customer Service immediately. If YOURTEL AMERICA has charged you Rates due to its error, your account will be credited for the erroneous charges.


10. 3.10Refunds. If you believe that you have overpaid YOURTEL AMERICA, you must submit a claim to YOURTEL AMERICA within sixty (60) days after the claimed overpayment, along with evidence supporting the claim. If a billing error results in an overbilling or overcharge, YOURTEL AMERICA may refund the amount over billed or overcharged by issuing a credit to your account.
    1. 3.10.1Once we have successfully processed an order and have a DUE DATE refunds can only be issued from our main office by check. Our policy is to process this within thirty (30) business days.
    
    
    2. 3.10.2Check purchases are refunded by check from our main office once customer’s funds have cleared our bank.


11. 3.11Check Policy: YOURTEL AMERICA reserves the right to charge up to $30.00 for returned checks. YOURTEL AMERICA may, at its own discretion, re-deposit the check. However, Customer understands that YOURTEL AMERICA may not necessarily re-deposit the check automatically.


12. 3.12Moving your service costs $20.00 plus tax in Missouri, Kansas and Illinois, $35.00 plus tax in Oklahoma.


13. 3.13Phone number changes cost $5.00 plus tax, any other changes cost $10.00 plus tax, including removing options from your account.

1. 4.1Phone number changes cost $5.00 plus tax, any other changes cost $10.00 plus tax, including removing options from your account.


2. 4.5Phone number changes cost $5.00 plus tax, any other changes cost $10.00 plus tax, including removing options from your account.
   1. 4.2.1Unauthorized use of telephone utility equipment in such a manner which creates an unsafe condition or creates the possibility of damage or destruction to such equipment.
   
   
   2. 4.2.2Refusal after reasonable notice to permit inspection, maintenance or replacement of telephone utility equipment.
   
   
   3. 4.2.3Misrepresentation of identity in obtaining telephone utility service.
   
   
   4. 4.2.4Incurring charges and/or evidencing an intent not to pay such charges when due, including calls to 900 numbers and long distance calls billed to the number.


3. 4.3You are responsible for Service during any time your Service is suspended. You WILL NOT receive a credit for Service while it is suspended.


4. 4.4It can take up to seventy-two (72) business hours to have your Service restored.


5. 4.5If your Service has been suspended for five (5) calendar days, it is subject to disconnection. Once a disconnect order has processed, you must pay in full the processing charge, unpaid balance and monthly bill in order for the Service to be reconnected.

1. 5.1National Directory Assistance – Where available, National Directory Assistance (“NDA”) is offered by YOURTEL AMERICA to Customers. NDA is a service whereby Customers may request directory assistance information outside their LATA (Local Access and Transport Area) or Home NPA (the geographic numbering plan from which a call originates) for a listed telephone number for residential. Business and government locations throughout the fifty states. NDA can be reached by dialing 411 or 1+411 in some areas. Each NDA request is charged at $1.99. The NDA charge applies to each call regardless of whether the Directory Assistance Bureau is able to furnish the requested information.
   1. 5.1.1PhoneControl (f/k/a YourControl) Prepaid Service Customers have access to NDA. PhoneControl (f/k/a YourControl) Prepaid Service Customers will be charged at $0.49 per NDA request.
   
   
   2. 5.1.2PhoneControl (f/k/a YourControl) Prepaid Service Customers have access to NDA. PhoneControl (f/k/a YourControl) Prepaid Service Customers will be charged at $0.49 per NDA request.
   
   
   3. 5.1.3PhoneControl (f/k/a YourControl) Prepaid Service Customers have access to NDA. PhoneControl (f/k/a YourControl) Prepaid Service Customers will be charged at $0.49 per NDA request.

1. 6.1In order to receive YOURTEL AMERICA’S rates for International Long Distance, you must subscribe to a YOURTEL AMERICA domestic, outbound, interstate long distance plan.


2. 6.2All calls one minute or less in duration are billed as a one-minute call. After the initial minute, all calls using our service are billed in six-second increments with partial durations rounded to the next six seconds.


3. 6.3YOURTEL AMERICA’S International Long Distance is for residential non-business voice use only.


4. 6.4Rates exclude taxes, fees, surcharges, universal service, subscriber line and installation charges. International rates apply only when calling from the U.S. to international locations.


5. 6.5Availability, rates, terms and conditions are subject to change.


6. 6.6In many countries, international telephone carriers charge higher prices to terminate calls to a wireless device or special service lines. For this reason, YOURTEL AMERICA may charge a higher rate for these calls. The customer will see only one per-minute price on their bill. This single per-minute price includes this higher cost where applicable.


7. 6.7For a complete list of long distance rates refer to http://www.yourtelamerica.com/long-distance-rates/. Calling to some countries may not be available.


8. 6.8If you designate YOURTEL AMERICA as your carrier of choice for inter-lata toll, you understand that you can have only one (1) telecommunications provider for your phone number. You further state that you are aware that changes to these designations may involve a charge. Under the terms of this and your service agreement, you hereby authorize YOURTEL AMERICA to handle all negotiations for service requests and the issuance of orders on the telephone service at the address you have provided and on the phone number provided by YOURTEL AMERICA until further notice. This authorization does not preclude your ability to act on your behalf to change service providers.


9. 6.9If you designate YOURTEL AMERICA as your carrier of choice for inter-lata toll, you understand that you can have only one (1) telecommunications provider for your phone number. You further state that you are aware that changes to these designations may involve a charge. Under the terms of this and your service agreement, you hereby authorize YOURTEL AMERICA to handle all negotiations for service requests and the issuance of orders on the telephone service at the address you have provided and on the phone number provided by YOURTEL AMERICA until further notice. This authorization does not preclude your ability to act on your behalf to change service providers.


10. 6.10If you access Easy LD via an 800 number or away from home, an additional per min charge of $0.02 will apply.


11. 6.11“Unlimited” is available to residential and small business Customers from presubscribed lines for voice messages only. If the Company determines that this service is being used for non-voice applications (including but not limited to dial-up Internet service or facsimile service) or that the Customer's usage of long distance exceeds reasonable usage customary for the applicable account (1500 minutes/month for residential, 3000 minutes/month for small business, the Company, at its sole discretion and with proper notice, may either disconnect or block the Customer's service or may charge a $50 monthly recurring data/Internet usage charge in addition to all charges otherwise applicable for customer's residential service, including per-minute charges for long-distance usage.]


12. 6.12“Unlimited” is available to residential and small business Customers from presubscribed lines for voice messages only. If the Company determines that this service is being used for non-voice applications (including but not limited to dial-up Internet service or facsimile service) or that the Customer's usage of long distance exceeds reasonable usage customary for the applicable account (1500 minutes/month for residential, 3000 minutes/month for small business, the Company, at its sole discretion and with proper notice, may either disconnect or block the Customer's service or may charge a $50 monthly recurring data/Internet usage charge in addition to all charges otherwise applicable for customer's residential service, including per-minute charges for long-distance usage.]
    1. 6.12.1International rates are higher than domestic rates and differ according to destination called.
    
    
    2. 6.12.2YOURTEL AMERICA is not responsible for any unauthorized use of the account, stolen or otherwise.
    
    
    3. 6.12.6No refunds will be given for amounts placed on PayAsUGo accounts.
    
    
    4. 6.12.4PayAsUGo cards with no expiration date will assumed to have an expiration date of one year as required by law.
    
    
    5. 6.12.5Refunds of unused PhoneControl balances are given upon request and only if there is no outstanding balance due on the account. If a customer chooses to terminate a PhoneControl account but retain a local service account, a credit in the amount of the unused PhoneControl will be applied to the local service account. Unused and non-refunded PhoneControl balances expire after 30 days.


13. 6.13Free minutes are added on your billing date each month and do not accumulate. Free minutes are for Domestic use only. Free minutes have no monetary value.


14. 6.14YourTel America's Long Distance Services are subject to the terms and conditions of state tariffs and the General Terms and Conditions of Service posted on the Company’s website at www.yourtelamerica.com. Domestic long distance rates are 4.9 cents per minute with the use of a YourTel America local access number and 6.9 cents per minute with the use of a YourTel America toll-free access number. International rates are higher than domestic rates and differ according to destination called. Calling to some countries may not be available. Federal, state and local taxes and other fees may apply. Rates and fees are subject to change in accordance with legal requirements without notice. YourTel America is not responsible for any unauthorized use of the account, stolen or otherwise.

1. 7.1In order to receive YOURTEL AMERICA’S YourTel World rates, services and/or discounts, you must subscribe to a YOURTEL AMERICA International Number and abide by the terms of the product. Use of a YOURTEL AMERICA YourTel World International Number is for residential non-business voice use only. Rates exclude taxes, fees, surcharges, universal service, subscriber line and installation charges. International Number, availability, rates, terms and conditions are subject to change. Originating call quality determined by reliability of originating county/city network.

1. 8.1Unlimited internet is for normal residential internet usage not to exceed 250 hours per month. I understand that if I am using this for business or exceed normal residential usage my service will be blocked until the beginning of the next month.


2. 8.2You understand technical support is not mandatory, but is highly recommended. I further understand that if I do not sign up for technical support, YourTel America is not responsible if I have difficulties using my service.

1. 9.1There are no refunds on cellular airtime or activation.


2. 9.2Cell phones must be returned to a YourTel America retail location within 72 hours for a full refund or exchange. The phone must be in its original purchase condition and undamaged. Cell phones must be returned or exchanged in their original packaging and include all manuals, paperwork and charges. No refunds are given after 72 hours from purchase. After 72 hours cell phones may be returned for an exchange of the identical item however all exchanges must be made within one week of purchase. The phone must be in its original purchase condition and undamaged. There is a limit of one exchange per originally purchasing customer.


3. 9.3Accessories may be returned within (fourteen) 14 days in original packaging with original receipt.

1. 10.1Customer Duties and Responsibilities. You must:
   1. 10.1.1ensure compliance with this Agreement by anyone who you authorize to use the Services;
   
   
   2. 10.1.2cooperate with YOURTEL AMERICA in trouble determination and fault isolation.


2. 10.2cooperate with YOURTEL AMERICA in trouble determination and fault isolation.
   1. 10.2.1You may not use the Services for any unlawful purpose, or in such a way as to interfere with the use of Services by others. If you fail to comply with this Section, you release YOURTEL AMERICA from all liabilities or obligations and you must pay YOURTEL AMERICA for all costs or damages that YOURTEL AMERICA incurs as a result.
   
   
   2. 10.2.1You may not use the Services for any unlawful purpose, or in such a way as to interfere with the use of Services by others. If you fail to comply with this Section, you release YOURTEL AMERICA from all liabilities or obligations and you must pay YOURTEL AMERICA for all costs or damages that YOURTEL AMERICA incurs as a result.
   
   
   3. 10.2.3If you use the Services in any manner that violates this Section, YOURTEL AMERICA may immediately suspend or terminate your Service without notice.

1. 11.1Blocked Access. YOURTEL AMERICA may immediately and without notice or liability block access to its network from particular phone numbers where:
   1. 11.1.1YOURTEL AMERICA is experiencing toll fraud, or usage of Services in an amount that is not supported by your credit;
   
   
   2. 11.1.2YOURTEL AMERICA is prohibited from furnishing Service by order of a court or other government authority having jurisdiction;
   
   
   3. 11.1.3You use, or attempt to use, the Services in a manner that violates any law or regulation;
   
   
   4. 11.1.4You provide false information to the Company regarding your identity, address, credit-worthiness, past or current use of communications services, or its planned use of the Company’s Service(s);
   
   
   5. 11.1.5You use, or attempt to use, the Services with the intent to avoid the payment, either in whole or in part, of the Rates for the service by:
      1. 11.1.5.1Using, or attempting to use, the Service by rearranging, tampering with, or making connections to the Company’s service not authorized by this Agreement, or
      
      
      2. 11.1.5.2Using tricks, schemes, false or invalid numbers, false credit devices, electronic devices, or
      
      
      3. 11.1.5.3Any other fraudulent means or devices.
   
   
   6. 11.1.6You place harassing phone calls to YOURTEL AMERICA, including calls in which you use abusive language.

1. 12.1This Section applies to any dispute between you and YOURTEL AMERICA arising out of or relating to this Agreement, including any dispute you may have regarding the Services, charges for Services, advertising, or any other dispute that either you or YOURTEL AMERICA has that is related to this Agreement, even if the dispute arises after your Service has terminated. All disputes must be resolved as described in this Section. YOU AGREE THAT ANY DISPUTE WILL NOT BE RESOLVED BY A JUDGE OR JURY IN COURT (EXCEPT FOR SMALL CLAIMS COURT, IF APPLICABLE). YOU FURTHER AGREE THAT ANY DISPUTE YOU MAY HAVE AGAINST YOURTEL AMERICA CANNOT BE JOINED WITH THE DISPUTE OF ANY OTHER PERSON OR ENTITY IN A LAWSUIT, ARBITRATION OR ANY OTHER PROCEEDING, OR RESOLVED ON A CLASS-WIDE BASIS.


2. 12.2If you have a dispute with YOURTEL AMERICA, you must first call YOURTEL AMERICA’s Customer Service department at the appropriate telephone number listed in Section 2.3 or write to YOURTEL AMERICA Customer Service address listed in Section 2.3 to attempt to resolve your dispute. You must describe your dispute and provide YOURTEL AMERICA with any support documentation. Likewise, if YOURTEL AMERICA has a dispute with you it will notify you by letter sent to your billing address and attempt to resolve it before pursuing arbitration.


3. 12.3If either party is unable to resolve its dispute within 60 days of notifying the other party of the dispute, either party has the right to take the dispute to small claims court if it qualifies under the rules of that court. Alternatively, either party may request arbitration of the dispute through the American Arbitration Association (“AAA”). All disputes related to this Agreement that are not resolved informally or in small claims court, regardless of the legal or equitable theory under which they are brought, must be resolved through final and binding arbitration in accordance with the Federal Arbitration Act, 9 U.S.C. Section 1, et seq. ANY REQUEST FOR ARBITRATION OF A DIPSUTE ARISING OUT OF OR RELATED TO THIS AGREEMENT MUST BE MADE WITH THE AAA WITHIN TWO YEARS OF: (a) THE DATE ON WHICH THE FIRST ACTION OR EVENT GIVING RISE TO THE DIPSUTE OCCURRED, OR (b) IF THE DISPUTE INVOLVES CLAIMED OVERCHARGES BY YOURTEL AMERICA, THE DATE THAT YOURTEL AMERICA NOTIFIES YOU THAT THE CHARGES ARE VALID, WHICHEVER IS LATER.


4. 12.4The arbitration will be conducted by one arbitrator in accordance with the procedures outlined in this Section. The arbitrator is bound by the terms of this Agreement in conducting the arbitration and making any award, and may not modify or change its terms.


5. 12.5If the dispute involves $10,000 or less, the arbitration will be conducted according to the AAA’s Arbitration Rules for the Resolution of Consumer-Related Disputes in effect as of the date that a dispute is submitted to the AAA, as modified by this Agreement. If the dispute involves more than $10,000, the arbitration will be conducted according to the AAA’s Commercial Arbitration Rules in effect as of the date that a dispute is submitted to the AAA, as modified by this Agreement. You may obtain a copy of the AAA’s arbitration rules and procedures from your local AAA office or by visiting their website at www.adr.org.


6. 12.6You may be represented by an attorney in an arbitration. If the dispute involves less than $10,000, any in-person arbitration will be held at a location selected by the AAA in the state or area of your primary residence. If the dispute involves $10,000 or more, any in-person arbitration will be held at a location selected by the AAA in the state or area of your primary residence or in Kansas City, Missouri, at the option of the party filing the demand for arbitration. You and YOURTEL AMERICA agree to keep all aspects of the arbitration confidential, including any testimony, documents, and award, except as may be required by law or to enforce any arbitration award.


7. 12.7Each party must pay its own expenses associated with any arbitration, including its attorney’s fees. If you file a request for arbitration, you will have to pay a filing fee in accordance with the AAA fee schedule. Under AAA rules, some costs such as the arbitrator’s fees and expenses will be allocated between the parties.


8. 12.8The arbitrator may not award punitive, exemplary, or similar damages, or attorney’s fees. The parties agree that an award of such damages or fees will be void if issued. YOU AND YOURTEL AMERICA BOTH EXPRESSLY WAIVE ANY CLAIMS FOR DAMAGES THAT ARE EXCLUDED UNDER THIS AGREEMENT.


9. 12.9Judgment on the award rendered by the arbitrator may be entered in any court having jurisdiction thereof.


10. 12.10In addition to the procedures described in this Section for resolving a dispute, you may also have the right to file a complaint with an appropriate federal or state regulatory agency.


11. 12.11If any portion of this Dispute Resolution Section is determined to be invalid or unenforceable, the remainder of the Section remains in full force and effect.

1. 13.1The Company shall not be liable to a Customer or third party for any direct, indirect, special, incidental, reliance, consequential, exemplary or punitive damages, including, but not limited to, loss of revenue or profits, for any reason whatsoever, including, but not limited to, any act or omission, failure to perform, delay, interruption, failure to provide any service or any failure in or breakdown of facilities associated with the service.


2. 13.2The liability of the Company for errors in billing that result in overpayment by the Customer shall be limited to a credit equal to the dollar amount erroneously billed or, in the event that payment has been made and service has been discontinued, to a refund of the amount erroneously billed.


3. 13.3The Company shall not be liable for any claims for loss or damages involving:
   1. 13.3.1Any act or omission of: (a) the Customer; (b) any other entity furnishing service, equipment or facilities for use in conjunction with services or facilities provided by the Company; or (c) common carriers or warehousemen;
   
   
   2. 13.3.2Any delay or failure of performance or equipment due to causes beyond the Company's control, including but not limited to, acts of God, fires, floods, earthquakes, hurricanes, or other catastrophes; national emergencies, insurrections, riots, wars or other civil commotions; strikes, lockouts, work stoppages or other labor difficulties; criminal actions taken against the Company; unavailability, failure or malfunction of equipment or facilities provided by the Customer or third parties; and any law, order, regulation or other action of any governing authority or agency thereof;
   
   
   3. 13.3.3Any unlawful or unauthorized use of the Company's facilities and services;
   
   
   4. 13.3.4Libel, slander, invasion of privacy or infringement of patents, trade secrets, or copyrights arising from or in connection with the transmission of communications by means of Company-provided facilities or services; or by means of the combination of Company-provided facilities or services with Customer-provided facilities or services;
   
   
   5. 13.3.5Breach in the privacy or security of communications transmitted over the Company's facilities;
   
   
   6. 13.3.6Changes in any of the facilities, operations or procedures of the Company that render any equipment, facilities or services provided by the Customer obsolete, or require modification or alteration of such equipment, facilities or services, or otherwise affect their use or performance, except where reasonable notice is required by the Company and is not provided to the Customer, in which event the Company’s liability is limited as set forth in Section 7.1 of this Agreement.
   
   
   7. 13.3.7Defacement of or damage to Customers premises resulting from the furnishing of services or equipment on such premises or the installation or removal thereof;
   
   
   8. 13.3.8Injury to property or injury or death to persons, including claims for payments made under Workers' Compensation law or under any plan for employee disability or death benefits, arising out of, or caused by, any act or omission of the Customer, or the construction, installation, maintenance, presence, use or removal of the Customer's facilities or equipment connected, or to be connected to the Company's facilities;
   
   
   9. 13.3.9Any intentional, wrongful act of a Company employee when such act is not within the scope of the employee's responsibilities for the Company and/or is not authorized by the Company;
   
   
   10. 13.3.10Any representations made by Company employees that do not comport, or that are inconsistent, with the provisions of this Agreement;
   
   
   11. 13.3.11Any act or omission in connection with the provision of 911, E911, or similar services;
   
   
   12. 13.3.12Any non-completion of calls due to network busy conditions; or
   
   
   13. 13.3.13Any calls not actually attempted to be completed during any period that service is unavailable.


4. 13.4The Company shall be indemnified, defended and held harmless by the Customer or end user from and against any and all claims, loss, demands, suits, expense, or other action or any liability whatsoever, including attorney fees, whether suffered, made, instituted, or asserted by the Customer or by any other party, for any personal injury to or death of any person or persons, and for any loss, damage or destruction of any property, including environmental contamination, whether owned by the Customer or by any other party, caused or claimed to have been caused directly or indirectly by the installation, operation, failure to operate, maintenance, presence, condition, location, use or removal of any Company or Customer equipment or facilities or service provided by the Company.


5. 13.5The Company does not guarantee nor make any warranty with respect to installations provided by it for use in an explosive atmosphere. The Company shall be indemnified, defended and held harmless by the Customer from and against any and all claims, loss, demands, suits, or other action, or any liability whatsoever, including attorney fees, whether suffered, made, instituted or asserted by the Customer or by any other party, for any personal injury to or death of any person or persons, and for any loss, damage or destruction of any property, including environmental contamination, whether owned by the Customer or by any other party, caused or claimed to have been caused directly or indirectly by the installation, operation, failure to operate, maintenance, presence, condition, location, use or removal of any equipment or facilities or the service.


6. 13.6The Company assumes no responsibility for the availability or performance of any cable or satellite systems or related facilities under the control of other entities, or for other facilities provided by other entities used for service to the Customer, even if the Company has acted as the Customer's agent in arranging for such facilities or services. Such facilities are provided subject to such degree of protection or nonpreemptibility as may be provided by the other entities.


7. 13.7Any claim of whatever nature against the Company shall be deemed conclusively to have been waived unless presented in writing to the Company within thirty (30) days after the date of the occurrence that gave rise to the claim.


8. 13.8THE COMPANY MAKES NO WARRANTIES OR REPRESENTATIONS, EXPRESS OR IMPLIED EITHER IN FACT OR BY OPERATION OF LAW, STATUTORY OR OTHERWISE, INCLUDING WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR USE, EXCEPT THOSE EXPRESSLY SET FORTH HEREIN.

1. 14.1No Waiver of Rights. If either party fails to enforce any right or remedy under this Agreement, that does not waive the right or remedy for any other breach or failure.


2. 14.2No Third Party Beneficiaries. The parties do not extend this Agreement’s benefits to any third party, unless expressly stated in this Agreement.


3. 14.3Governing Law. This Agreement and all claims relating to the relationship between the parties are governed by federal law and the laws of the State of Missouri.


4. 14.4Severability. If any provision is held to be illegal, or unenforceable, this Agreement’s unaffected provisions will remain in effect.


5. 14.5Headings of No Force or Effect. Headings in this Agreement are for reference only and have no effect on any provisions meaning.


6. 14.6Assignment. You may not assign this Agreement. YOURTEL AMERICA may assign this Agreement.


7. 14.7Notices. Any notices that YOURTEL AMERICA must give you under this Agreement will be made in at least one of the following ways: postcard or letter mailed to the most recent address on your account, bill message, bill insert, e-mail to an address provided by you, recorded announcement, posting on the YOURTEL AMERICA website, call to your billed telephone number and speaking to you or leaving a message, or newspaper ad.


8. 14.8Notices. Any notices that YOURTEL AMERICA must give you under this Agreement will be made in at least one of the following ways: postcard or letter mailed to the most recent address on your account, bill message, bill insert, e-mail to an address provided by you, recorded announcement, posting on the YOURTEL AMERICA website, call to your billed telephone number and speaking to you or leaving a message, or newspaper ad.

OPEN INTERNET POLICY –YOURTEL AMERICA, INC.

Network Management Practices Policy Disclosure

Pursuant to the Federal Communications Commission’s newly enacted Open Internet Rules found in Part 8 of Title 47 of the Code of Federal Regulations, the policies of YourTel America, Inc., (“Provider”) regarding network management practices, performance characteristics, and commercial terms are provided in entirety so that Provider’s current customers, prospective customers, third-party content providers and other interested parties can make informed choices regarding the broadband Internet access services offered by Provider, and the extent Provider’s network management practices may affect those services.

Network Management Practices

In the interest of providing the best online experience possible for all of Provider’s customers, Provider utilizes the reasonable network management practices in some cases as provided by its underlying carriers which are tailored to achieve legitimate network management purposes. Because bandwidth is a limited resource for broadband Internet service providers, it is essential that Provider reasonably manages its network to the best of its ability to promote the use and enjoyment of the Internet by all of Provider’s customers. By adopting a reasonable and responsible network management policy, Provider prevents to the best of its ability its customers from being subjected to the negative effects of spam, viruses, security attacks, network congestion, and other risks that threaten to degrade service. The network management practices employed by the Provider’s underlying carriers and Provider are consistent with industry standards.

Congestion Management

Congestion is an Internet access service problem that can slow web browsing, downloading, and other activities of the customers during certain peak usage periods.  Congestion may be caused by capacity limits and bottlenecks in a service provider’s own network, or by limitations in the capacity of the Middle Mile transport facilities and services that many service providers must purchase from unrelated entities to carry the traffic of their customers between their service areas and the closest Internet nodes.

Provider and its underlying carriers constantly monitor its network to manage congestion avoiding over utilization of circuits.  Provider and its underlying carrier maintain sufficient bandwidth to service its customers.

Application-Specific Behavior

Provider does not make use of any application-specific network management practices. Provider does not favor, modify, inhibit, rate control or block any specific protocols, protocol ports or fields, or any applications or classes of applications. Customers may use any lawful and commercially available application.  Provider’s network does not discriminate against particular types of content.  Peer to Peer, streaming video, VoIP, and video downloads are all classified as content neutral. 

Provider does not normally monitor the contents of the traffic or applications of its customers.  It undertakes no obligation to monitor or investigate the lawfulness of the applications used by its customers unless mandated by law or contractual agreement that Provider do so. 

Device Attachment Rules

In order for a device to be approved for use on the Provider’s network, the device must conform to publicly available industry standards and be non-harmful to Provider’s network.  Provider reserves the right to disable devices that cause disruptions to Provider’s customers or that are not in compliance with industry standards.  In the event that Provider disables a device or denies access to application providers, prompt notice will be given of the decision to deny access to the network or disable a device.

Security

Provider offers its customers unrestricted access to all of the lawful content, services, and applications available on the Internet. Provider and Provider’s underlying carrier uses industry standard tools and generally accepted best practices and policies to protect our customers from spam, phishing, and other unwanted or harmful online content and activities. In the instances where these tools and policies identify online content as harmful or unwanted, the content may be prevented from reaching customers, or customers may be permitted to identify or inspect content to determine if it is harmful or unwanted. Provider’s security methods are not intended to prevent end-users from running any specific applications.

Provider employs commercially appropriate security procedures to protect its network and its customer records from unauthorized access by third parties.  Provider does not guarantee that it can protect customers from any and/or all security breaches.

Traffic Blocking

Provider does not block any lawful content, applications, services and/or non-harmful devices. 

Provider does not knowingly and intentionally impair, degrade or delay the traffic on its network so as to render effectively unusable certain content, applications, services and/or non-harmful devices.

Provider does not charge edge service providers of content, applications, services and/or devices any fees simply for transporting traffic between them and its customers.

Performance Characteristics

Many of the service and performance characteristics of the Provider’s broadband Internet access services are contained in the service offering portions of this website.

Provider offers broadband Internet access service. 

The advertised speed of Provider’s Internet service is the maximum speed achievable with the technology utilized by Provider or made available to Provider. While the maximum advertised speed is attainable for end users, several factors may affect the actual speed of Provider’s Internet service offerings, including, but not limited to: [the distance of the consumer’s home or office from Provider’s central office (i.e., the further away the customer is from the central office, the slower the broadband speed), the end user’s computer, modem or router, activity during peak usage periods, and other Internet traffic.]

The actual speeds achieved with Provider’s Internet service offering make Provider’s Internet service suitable for real-time applications, such as Voice over Internet Protocol (“VoIP”).

Commercial Terms

The commercial terms and conditions of the Provider’s broadband Internet access services are contained in greater detail in the service offering and Terms and Conditions located on this website.  This section provides a brief overview of policy terms required by the FCC’s Open Internet Framework.

Pricing

In order to meet the usage and budgetary needs of all of our customers, Provider offers a wide selection of broadband Internet access plan options, including promotional offerings, bundled service choices, and ala carte alternatives.

To see Provider’s current promotions and pricing on broadband Internet access service, please visit our website www.yourtelamerica.com or www.yourtelwireless.com or call 1-855-299-9990 to speak with a customer service representative.

Usage-Based Fees

Provider’s Internet service is priced on a flat-fee basis (plus taxes). Provider does not charge end users a usage-based fee for Internet service.

No Unreasonable Discrimination

Provider does not unreasonably discriminate in its transmission of traffic over the broadband Internet access services of its customers.  It endeavours to give its customers as much choice and control as practicable among its different service offerings and among the content, application, service and device offerings of edge service providers.  When reasonable network management practices entail differential treatment of traffic, Provider does not discriminate among specific uses, or classes of uses, of its network.

Provider does not impair, degrade or delay VoIP applications or services that compete with its voice services and those of its affiliates.

Provider does not impair, degrade, delay or otherwise inhibit access by its customers to lawful content, applications, services or non-harmful devices.

Provider does not impair free expression by actions such as slowing traffic from particular websites or blogs.

Provider does not use or demand “pay-for-priority” or similar arrangements that directly or indirectly favor some traffic over other traffic.

Provider does not prioritize its own content, application, services, or devices, or those of its affiliates.

Privacy Policy

The various network management tools and techniques utilized by Provider do not monitor, inspect or store the network activity and traffic of its Internet service users. Further, as part of its network management practices, Provider does not distribute information on network activity and/or traffic to any third party, or use network traffic information for any non-network management purpose.

Provider affords full access to all lawful content, services and applications available on the Internet and does not routinely monitor, inspect or store the network activity and traffic of its Internet service users. However, Provider reserves the right to monitor bandwidth, usage, transmissions and content for purposes of protecting the integrity of the network and Provider’s Internet access service through reasonable network management practices.

Provider may collect equipment information to identify the equipment customer is using on the network, including, but not limited to: equipment type, serial number, settings, configuration and software. Provider may also collect performance information to examine the operation of the equipment, services and applications the customer may use on the network, including, but not limited to: IP addresses, URLs, data transmission rates and latencies, location information, security characteristics, and information about the amount of bandwidth and other network resources customer is using in connections with uploading, downloading or streaming data to and from the Internet.

Network traffic, activity, performance information, and equipment information monitored or collected by Provider is done so for the sole purpose of reasonable network management purposes.

Provider is required to comply with relevant laws, regulations and judicial orders. Information covered under this Privacy Policy, as well as other categories of information, may be disclosed to third parties if Provider determines, in its sole discretion, that such a disclosure is necessary or required and in a manner allowable by law. Provider may also disclose this information if, in its sole discretion, such a disclosure is necessary or required to protect our interests or the interests of our customers. Provider may also disclose this information in connection with the sale of our business.

The Provider’s network management practices as discussed herein are intended solely to provide the best online experience possible for all of Provider’s customers by safeguarding our network and its users from spam, viruses, phishing, and other unwanted or harmful online content and activities. Provider’s network management practices are not intended, nor implemented, to block consumers from accessing the content and applications of their choice, deprive consumers of their entitlement to competition, or discriminate against or in favor of certain network traffic. End users with questions, concerns or complaints regarding Provider’s network management practices are encouraged to contact Provider for issue resolution.

Contact Us

If you have any questions regarding Provider’s Network Management Practices Policy or would like to file a complaint with Provider regarding its network management practices, please contact Provider at:

1-855-299-9990

Further, if you believe that Provider is in violation of the FCC’s Open Internet Rules, you may file either an informal or formal complaint with the FCC at

http://esupport.fcc.gov/complaints.htm .

Additional Disclaimers

The Open Internet Rules, as adopted, and Provider’s Network Management Practices Policy are not intended to affect, alter or otherwise supersede the legal status of cooperative efforts by broadband Internet access service providers and other service providers that are designed to curtail infringement in response to information provided by rights holders in a manner that is timely, effective, and accommodates the legitimate interests of providers, rights holders, and end users.

Furthermore, the Open Internet Rules, as adopted, and Provider’s Network Management Practices Policy do not prohibit Provider from making reasonable efforts to address the transfer of unlawful content or unlawful transfers of content.

What is TRS?
TRS allows people with hearing or speech disabilities to communicate via the telephone. Communications Assistants (CA), relay the content of calls between users of teletypewriters (TTYs) and users of traditional handsets (voice users). For example, a TTY user may telephone a voice user by calling a TRS provider (or "relay center") where a CA will place the call to the voice user and relay the conversation by transcribing spoken content for the TTY user and reading text aloud for the voice user.

Does the law require TRS?
Yes, TRS is required by Title IV of the Americans with Disabilities Act (ADA), and to the extent possible, must be "functionally equivalent" to standard telephone services.

When can telephone customers use TRS and how do they access the service?
TRS is available 24 hours a day, 7 days a week, the same as voice service. People can access the TRS service by voice or text telephones by dialing the TRS number for their state (which is often found in the information section of phone directories). The TRS access number is usually a toll-free number.

Are calls made through TRS free of charge?
No, the TRS users will pay the same rates or absorb the same usage charges as a voice telephone user for the same type of call. TRS users cannot be charged extra because they are using TRS.

How does a phone company provide TRS?
There are various telecommunications vendors that provide TRS service. Your state has a contract with one of these vendors and a telephone company goes through that vendor to set up the service.

What is the function of a CA?
The function of the CA is to transliterate conversation from text to voice and from voice to text. A CA is an employee of the TRS provider.

Do CAs receive special training?
TRS providers are responsible for ensuring that CAs are sufficiently trained to meet the communication needs of individuals with hearing and speech disabilities, that CAs have competent skills in typing, grammar, spelling, interpretation of typewritten American Sign Language (ASL), and possess familiarity with hearing and speech disability cultures, languages and etiquette.

Can TRS customers be assured that their calls will remain confidential?
Except as authorized by section 705 of the Communications Act, 47 U.S.C 605, CAs are prohibited from disclosing the content of any relayed conversation regardless of content and from keeping records of the content of any conversation beyond the duration of a call. CAs are also prohibited from intentionally altering a relayed conversation and must relay all conversation verbatim unless the relay user specifically requests summarization. The exception to this would be if the relay user was using the service for illegal purposes.

What types of calls can people make with TRS?
Consistent with the obligations of common carrier operators, CAs are prohibited from refusing single or sequential calls or limiting the length of calls utilizing relay services. TRS shall be capable of handling any type of call provided by common carriers. Providers of TRS are permitted to decline to complete a call because credit authorization is denied. Also, due to some technical difficulties with completing calls made through coin telephones, TRS users, under an alternative plan adopted by the industry, can currently make local TRS calls through a coin phone free of charge. Toll calls made through a coin phone can be made with a calling card or pre-paid phone card.

How long does it take to process a TRS call?
TRS centers are required by FCC rules to have adequate staffing to provide callers with efficient access under projected calling volumes. Except during network failure, TRS must answer 85 percent of all calls within 10 seconds, and no more than 30 seconds shall elapse between receipt of dialing information and the dialing of the requested number. Today, CAs use sophisticated terminal equipment to enhance call delivery, and TRS providers may offer features such as "call profiling" that hasten the call set-up times.

How do customers obtain a Teletypewriter (TTY)?
Every state has a program in place for obtaining a TTY. Your telephone directory or state Commission website should have a state TRS number for individuals who inquire about a TTY phone. Generally, if individuals have the need for the TTY they can get one at no charge.

How are TRS services funded?
Costs for intrastate TRS (i.e. TRS calls made within a state) are paid by the states. The states usually recover intrastate TRS costs through a very small surcharge applied to the telephone bills of all telephone customers in a state. Costs for interstate TRS (that is, TRS calls that cross state lines) are paid through the Interstate TRS Fund, a shared-funding mechanism that is funded by contributions from all interstate carriers in the United States. The National Exchange Carrier Association (NECA) currently administers the Interstate TRS Fund.