Terms and Conditions

1. Parties. These Terms and Conditions shall govern the provision of telecommunications services by Hamilton Long Distance Company (the “Company”) to the customer (the “Customer”) who uses the services described herein.
2. Service. The Company will provide the Customer with Direct Dial Long Distance Services, Calling Card Services, and 800 Services as requested by the Customer.
3. Acceptance of Terms and Conditions. Use of the services provided by Company shall indicate Customer’s acceptance and obligate Customer to these Terms and Conditions.
4. Charges. Customer shall pay to Company the prices as specified in the Company’s price lists. The terms and conditions of applicable price lists on file with the Nebraska Public Service Commission shall be applicable to the provision of services within the State of Nebraska, and to the extent that any such services are no longer required to be listed at the Nebraska Public
Service Commission, the terms and conditions herein shall apply. Prices may be modified from time to time. Pricing information can be found on-line at www.hamilton.net/longdistance/ or is available by calling 402 694 6691 during regular business hours. Hamilton’s offices are located at 1001 12th
Street, Aurora, NE 68818. The prices do not include taxes, duties, licenses, surcharges or other fees imposed by any governmental agency, unless separately stated. Such items will be added to the prices and charges and will be paid by Customer.
5. Payment. Customer shall be invoiced on a monthly basis for all charges hereunder.
If payment of any invoice is not received by the due date, Company may, at its sole discretion and without limiting any other available remedy, discontinue service to Customer.
6. Service Interruption; Limitation of Liability; Warranty Disclaimer. Company shall not be liable to customer, whether such liability arises under warranty, contract, strict liability, tort, negligence, or otherwise, for lost revenues, lost profits, loss of business or business opportunity, loss of use or for other special, incidental, indirect or consequential damages or for loss, damage or expenses indirectly arising from the services provided hereunder. There are no warranties, express or implied, by operation of law or otherwise, extended to Customer for the services provided hereunder.
7. Use of Service. Neither Customer nor any third party using the services provided by the Company to Customer may use the services for any unlawful purpose and shall indemnify Company for damages or losses which may result from Customer’s unlawful use, including but not limited to damages based on claims of libel or slander.
8. Termination. The Company may immediately cancel the provision of services to the Customer, without incurring liability, for any of the following reasons: Non-payment of any sum due to the Company for any service on a timely basis; use of any service in a fraudulent or suspected fraudulent manner; failure to comply with any material provision of these Terms and Conditions; or the violation of any law or requirement of any governmental agency.