Citizens Telephone Cooperative, Inc., hereforth stated as Citizens, is pleased to provide you, hereforth stated as Customer, with voice, data, and video services over telephone line via a DSL modem or fiber, hereforth stated as the Services, on the terms and conditions set forth below. Offers and stated rates are available to residential customers only. Taxes and other mandated service charges such as, but not limited to 911 and Universal Service Charge are additional. These charges are not included in the monthly offer price.
Please carefully read and review the terms and conditions of this agreement before using the
equipment, as defined in Section 3 below, or the services. By using the equipment or the services you are
becoming a party to and agree to be bound by this agreement. In addition, your use of the services is subject
to the then-current Citizens Internet Service Agreement, see Section 7a below, and all license agreements in
connection with the software supplied to you by Citizens.
Section 1: Telephone Service
a) Telephone Providers: The monthly charge for the services covers those charges associated with
Citizens providing the services to customer and in no way changes or supersedes customers relationship with the existing provider of local or long-distance telephone service. Customer maintains responsibility
for payment of bills for such telephone service to the appropriate carriers.
b) Underlying Service: Customer acknowledges that the services are delivered over the existing
telephone infrastructure and that disconnection of the primary voice service may render services
non-functional. Customer shall remain responsible for charges for the services regardless of status of the
underlying telephone service. The services may be provided over a second line within the customer premises.
This second (data only) line does not support 911 or other emergency and ancillary services conventionally
available from local telephone companies.
Section 2: Long Distance Service
To subscribe to Long Distance, customer must choose Citizens Telephone Cooperative, Inc as their IntraLATA
and InterLATA toll carrier. There will not be a charge for switching carriers. Long Distance offer rates apply
to the continental United States. International calls will be billed at additional per-minute rates; not included
in free offers. The offers do not cover calling card charges, directory assistance charges, charges to 800
numbers, charges from 900 numbers, collect calls, taxes, fees, or any universal service funds. Further, calls that
do not fall within the Long Distance offers include, but are not limited to: fax and data calls (billed at $.10 per
minute; include calls to long distance dial-up Internet providers), multi-party conference calls, toll-free calling
services, calls used for general business purposes, commercial facsimile, auto-dialing, resale, call centers, and
direct telemarketing. If it is determined that usage is not consistent with typical residential voice applications,
Citizens Telephone Cooperative, Inc. reserves the right to cancel, modify, or discontinue the package at any time
without notice. For reasons including, but not limited to a)if you do not honor any provision of the agreement
including payment obligations or b)if the offer is used in a manner that is excessive or unreasonable with respect
to volume or length of calls when compared to the volume or length of calls of other subscribers.
If on the Callers Choice Pak - All minutes in excess of the first 100 minutes in a billing period will be billed at
our flat rate of $.10 per minute for long distance calls. No overage penalties apply. The Callers Choice Pak
does not cover Extended Community Calling (ECC) charges.
Section 3: The Services that we provide to our customers
a) The company is a common carrier and provides access to facilities, services, and equipment over
which our customers may transmit voice, data, and other communications of their own choosing to
interstate and international destinations.
b) The company provides service on a 7 days per week, 24 hours per day basis to all destinations in
the United States including Alaska and Hawaii, and to those international destinations listed in the
international rate sheets maintained at the companys office and on its website.
c) The company primarily resells to its customers the interstate and international toll services of
larger, facilities-based carriers. The company endeavors to purchase these services at volume discounts,
and to resell them to its customers at lower rates than they would pay if they purchased service directly
from the other carriers. However, resale also means that the company has no control over outages and other
service distruptions on the networks of the other carriers (see limitations of liability below).
d) The company has customer service representatives available from 8:00AM to 4:30PM, Monday
through Friday, to assist its customers with any questions or problems regarding its interstate or international
toll services. A company representative can be reached during these hours by dialing (715)237-2605 or
(888)815-5550.
Section 4: Charges, Bills, and Payment for Service
a) Service is provided and billed on a monthly basis and will continue to be provided and billed
until canceled by the customer or terminated by the company.
b) The rates and charges for the companys interstate and international toll services can be inspected
during regular business hours at the companys office at 328 West Main Street, New Auburn, WI 54757.
c) The rates and charges for the companys interstate and international toll services can also be
inspected on its website at www.citizens-tel.net.
d) The company bills for its interstate toll services on a usage basis in 6-second periods, and rounds
up any fractional period. The company bills for its international toll services on a usage basis in 30-second
periods and rounds up any fractional period.
e) The company may pass through to its customers all applicable federal, state, and local taxes or
surcharges (including sales, use, excise, gross earnings, and gross income taxes), as well as surcharges to
recover the companys contributions to applicable federal or state funds (including funds for universal service,
telecommunications relay service, local number portability, and telephone number administration).
f) Payment for all bills rendered by the company for its interstate and international toll service is due
on or before the due date printed on the bill. If payment is not received by the company on or before the
due date printed on the bill, a late charge may be applied to all amounts past due.
g) No late charge will be assessed upon properly disputed charges (see dispute procedures in Section 4)
h) The company may require a customer to make a deposit prior to or at any time after provision
of service, not to exceed estimated charges for two (2) months. Upon termination of service, the deposit will
be credited to the customers account and any credit balance will be refunded after all amounts due to the
company have been paid.
Section 5: Obligations of Customer
a) The customer is responsible for the timely payment of all billed charges for services or facilities
provided by the company to the customer, and for the payment of the companys reasonable attorneys fees
and court costs if the company is forced to retain an attorney to collect any of its billed charges from the
customer.
b) The customer will not use the companys services in a manner that interferes unreasonably with
the use of the services by one or more other customers.
c) The customer will not use the companys services in an abusive, illegal, or fraudulent manner, nor
alter or tamper with the companys connections or facilities.
d) The customer will indemnify the company against any and all liability, including reasonable counsel
fees, arising from any claims against the customer for libel, slander, or infringement of copyright or trademark
in connection with any material transmitted by the customer over the companys facilities, services, or
equipment.
Section 6: Resolution of Billing Disputes
a) If the procedures of this section are followed, the customer may withhold payment the disputed
portion of any bill pending resolution of the dispute.
b) Within twenty (20) days of the bill date of a disputed bill, the company must receive from the customer
an itemized statement in writing which identifies the disputed charges and reasonably explains the basis of the
dispute. Failure to comply with this requirement shall mean the bill is deemed to be correct and all amounts
are due and owing the company.
c) The company shall review the customers statement, and shall issue a written initial determination
within twenty (20) days after its receipt of the customers statement to set forth the companys proposed
resolution of the dispute.
d) If the customer is not satisfied with the companys proposed resolution, the customer must advise
the company in writing within ten (10) days after the customers receipt of the companys initial determination
of the specific reasons for the dissatisfaction, and provide any additional information which customer deems
pertinent or relevant to the dispute.
e) Within twenty (20) days after the companys receipt of additional information, the company shall
make its final determination and resolution based upon all documentation or information available to the
company.
f) If customer continues to withhold any disputed amount determined to be owed to the company, the
customers account shall be deemed to be past due, and subject to termination.
Section 7: Limitation of the Companys Liability
a) The liability of the company for damages resulting in whole or in part from mistakes, omissions,
interruptions, delays, errors, or other defects in the interstate or international toll services provided shall not
exceed its billed charges for the defective call or calls.
b) Neither the company nor its officers, agents, or employees will be liable for indirect, special, or
consequential damages.
c) The company shall not be liable for any interruption, failure or degradation of service due in whole
or part to causes beyond its control, including, but not limited to: (i) acts of God, fires, flood, or other
catastrophes; (ii) any law, order, regulation, directive, action or request of any instrumentality of the United
States Government, or of any foreign, state, or local government; (iii) any national emergency, insurrection,
riot, war, strike, or labor difficulty; (iv) any act or omission by any unrelated carrier or other entity affecting
the facilities or equipment over which the companys services are provided; (v) any negligence by the customer
or defects or failures of the customers equipment; and (vi) any negligent acts or omissions of third parties.
Section 8: Refusal, Termination, or Suspension of Service
a) The company may refuse service to a customer that fails or declines to make a deposit requested by
the company, and may terminate service five (5) business days after written notice of termination is mailed to
a customer that fails or declines to increase a deposit in response to the companys request.
b) The company may terminate service five (5) days after a written notice of termination is mailed to
a customer that has failed to pay to make payments for current or prior bills by the required due date, including
payments for late fees or any other required additional charges, or that has failed to pay disputed charges
determined to be owed to the company via the companys billing dispute resolution procedures (see Section 4)
for more than ten (10) days after the end of the dispute resolution proceeding.
c) The company reserves the right to establish a credit limit for customers or classes of customers, and
to suspend service to a customer when the customer reaches the applicable limit.
d) The company may suspend or terminate service to a customer immediately if the company reasonably
believes that the customer or entities using the customers account or facilities are using the companys services
in a manner that: (i) interferes with the use of the services by one or more other customers; (ii) is abusive,
illegal, or fraudulent; (iii) damages the companys facilities or equipment; or (iv) places excessive capacity
demands upon the companys facilities or service.
Section 9: Preferred Carrier Freeze
Slamming is the illegal practice of switching your long distance carrier without your authorization. The
Federal Communications Commission (FCC) has issued some rules about Slamming. Some things have
changed since this ruling. In the past, Citizens Telephone Cooperative, Inc. would contact you to verify any
request to switch your long distance carrier. The FCC has ruled that local telephone companies can no longer
contact the customer, and must immediately comply with any request from long distance carriers to switch
a customers carrier. The only way to prevent your long distance carrier from being switched is to sign a
Preferred Carrier Freeze (PCF).
Section 10: Broadband Internet
Minumum Service Requirement
The agreement will be activated once we receive, in our Corporate Office, at 328 W Main St,
New Auburn, WI, a signed version of the agreement. By signing this agreement you are bound to the Terms & Conditions for the entire length of time indicated. For the length of the agreement you are guaranteed
at least the same services at the same rate. If you decide to terminate the offer before the expiration of
the term you will be required to pay an early cancellation fee as stated in the agreement. You will also be
liable for payment of all outstanding charges. Thus, your discontinuation of any portion of the offer will
result in you being charged standard rates for remaining services. Once the agreement has matured, you will
be billed at the standard rate unless another agreement is initiated.
SetUp & Equipment Charge
1) Retail Prices: Setup and Equipment (the DSL Modem remains that property of Citizens Telephone
Cooperative, Inc.) are billed as a one-time charge of $99.95 for a 1 Year Term, and $49.95 for 3 Year Term.
These rates are subject to periodic discounts and promotions. The actual amount charged for setup and
equipment will match the current promotional rate for customers market and type of setup.
2) Upon placing an order for the services, the customer will be charged the setup fees toward the total
setup and equipment charge set forth in section 1 above. This amount is not refundable unless Citizens
Telephone Cooperative, Inc. or its agents, contractor, or representatives are unable to deliver the agreed
services or the setup has commenced.
3) Any other services provided by Citizens Telephone Cooperative, Inc. may be billed at the agreed
terms and conditions at the time of the request of service.
Monthly Service Charge
The recurring charge payable by customer for the services the customer selects.
Reactivation Charge
A $150.00 reactivation charge will be required to reactivate the canceled account whether cancellation
is initiated by customer or by Citizens for non-payment or any other breach of the DSL Service Agreement.
This reactivation fee is in addition to any early termination charges. A terminated account is an account
that has been disconnected for a period of 15 days or longer.
Analog Roaming
Customer may use traditional analog dialup service from Citizens network of dial access numbers.
Citizens Telephone Cooperative, Inc. will provide the customer a minimum of 70 hours of dialup
service per month at the current market price. Additional hours above the selected package will be billed
at $1.00 per hour.
Missed Appointment Charge
Customer may be charged a no-show charge of $49.95 for failing to keep a scheduled appointment or for
cancelling an appointment less than 24 hours in advance.
Section 11: Access & Authorization
If customer chooses to have Citizens install the service, or is in an area where the self-install option
is not available, customer authorizes Citizens and its employees, agents, contractors, and representatives to
enter the customers premises in order to install, maintain, inspect, repair, and remove the equipment. All
such services will be conducted at a time mutually agreed to by Citizens and customer. Customer is
responsible for cancellation of any previous Broadband Internet access service using the same infrastructure.
Section 12: Equipment Provided
Citizens or its agents, contractors, or representatives shall provide customer with a DSL modem.
If a jack installation is requested by the customer and is installed by Citizens, an additional charge will apply.
Section 13: Installation
a) Computer Equipment Requirement: Citizens or its agent or contractor has provided customer
with materials in which set forth the minimum hardware and operating system requirements necessary to
use the services. Customer represents and agrees that customer has reviewed those materials and that the
computer, in which the equipment will be installed, meets these minimum computer requirements. Further,
customer understands that he or she must possess original (or equivalent) media (cd, disk, etc.) for the
Operating System in order for an installation to be successful.
b) Back-Up Requirements: The installation, use, inspection, maintenance, repair, and removal of
the equipment may result in service outage or potential damage to customers computer. Customer
acknowledges and agrees that customer is solely responsible for backing-up all existing computer files by
copying them to another storage medium prior to installation of the equipment, and prior to any inspection,
maintenance, repair, or removal of the equipment. Citizens and its employees, agents, contractors, and
representatives shall have no liability whatsoever for any damage to or loss or destruction of any of
customers software, files, data, or peripherals.
c) Access; File Modification: In order to install the equipment, it may be necessary to open customers
computer. In addition, as part of the installation process for the software, as when most software is installed
on a computer, system files on customers computer, such as INI, BAT, SYS, and DLL files, may be modifed
or deleted. Citizens does not represent, warrant, nor convenant that such modifications or deletions will not
disrupt the normal operations of customers computer, and Citizens and its agents and contractors shall have
no liability whatsoever for any damages resulting from the modifications or deletions.
d) Full Installation: If customer chooses to have Citizens install the service, or is in an area where
the self-install option is not available, the customer agrees to permit Citizens to open customers computer
in order to install the equipment. Citizens or its agent or contractor shall use reasonable efforts to install the
equipment to full operational status.
e) Computer Warranty: Customer assumes responsibility for impacts to or loss of any warranty
associated with the opening of customers computer for installation of an internal card or DSL modem.
f) Self-Installation: At Citizens sole option, Citizens may permit customer to perform installation of
the equipment by customer or have installation performed by a third party selected by customer. In such case,
Citizens or its agent or contractor shall supply the DSL modem, software, and limited quantities of telephone
wiring supplies.
Citizens does not represent, warrant, or convenant that installation by customer or a third party chosen
by customer will enable customer to successfully access, operate, or use the services, nor that such
installation will not cause damage to customers computer, data, software, files, or peripherals.
In addition, Citizens and its agents or contractors shall have no liability whatsoever for any damage, or
for the failure to properly install, access, use, or operate the equipment or services by any customer who
choses this method of installation. The foregoing limitation of liability is in addition to and shall in no
way be construed to limite any and all limitations of liability set forth elsewhere in this agreement.
Section 14: Digital TV Service
SetUp & Equipment Charge
1) Retail Prices: Setup and Equipment (the Set Top Box remains the property of Citizens Telephone
Cooperative, Inc.) are billed as a one-time charge of $99.95 for the initial TV/Set Top Box installation and at
$19.95 for each additional TV/Set Top Box installation. These rates are subject to periodic discounts and
promotions. The actual amount charged for setup and equipment will match the current promotional rate for
customers market and type of setup. Upon termination, if the equipment is not returned in good condition, the
customer will be liable for replacing the equipment and may incur charges up to $600.00.
2) Upon placing an order for the services, the customer will be charged the setup fees toward the total
setup and equipment charge set forth in section 1 above. This amount is not refundable unless Citizens
Telephone Cooperative, Inc. or its agents, contractor, or representatives are unable to deliver the agreed
services or the setup has commenced.
3) Any other services provided by Citizens Telephone Cooperative, Inc. may be billed at the agreed
terms and conditions at the time of the request of service.
Monthly Service Charge
The recurring charge payable by customer for the services the customer selects.
Pay Per View Charges
All Pay Per View (PPV) charges will be billed in arrears. For example, a movie rented in February may appear
on your March statement.
Celect Communications reserves the right to change the monthly rates at any time during the service period. If
the change results in an increase in your monthly rate, you may cancel the service without being penalized.
Customer agrees to idemnify and hold harmless Celect Communications & Citizens Telephone Cooperative, Inc., its
officers, agents, and any of its members from and against any claims, damages, liabilities, loses, and expenses
including actual attorney fees incurred in defense or otherwise arising from neglect or unlawful use or intentional
misuse of the services, the content of the communications on or through the services or lack of availability of
Celect Communications & Citizens Telephone Cooperative, Inc. or its facilities.
Section 15: Fixed-Location Service
Customer acknowledges that this is a fixed-location service and may not be moved to a different
residence, even if the phone number remains the same, or a different phone number without payment of the
new connection fees and the early cancellation charge, if applicable. If customer moves residences, customer
shall notify Citizens that this agreement shall be terminated and the provisions of Section 12, including
customers obligations under Section 12b shall apply to such termination. In all cases customer shall notify
Citizens as provided in Section 13.
Section 16: Payment Terms
a) Agreement to Pay: Customer agrees to pay the monthly charges and other fees, including applicable
taxes, for the equipment and services as established from time to time by Citizens. Current charges are set
forth in Attachment A to this agreement and are subject to change as specified in Section 6c below.
b) Price Changes: Customer acknowledges and agrees that Citizens has the right to change its charges
at any time subject to applicable law and upon notice to customer.
c) Customer Charges: Customer acknowledges that customer may incur charges while using the
services. For example, charges may be incurred as a result of accessing certain information, or purchasing or
subscribing to certain offerings, via the Internet. Customer agrees that all charges, including all applicable
taxes, shall be paid by customer and are not the responsibility of Citizens.
Section 17: Use of the Services
a) Other Agreements: Customer acknowledges and agrees that the services are for personal and family
use within a single household. The term single household means the customers home and includes an
apartment, condominium, flat, or other residential unit that may be used as a residence for multiple households.
The service is being provided solely for use within the customers household. Any unauthorized access by a
third party, including, but not limited to e-mail, Internet access, or any other function of the service is in
violation of the agreement. Customer is responsible for any misuse of the services that occur through customers
account.
The services are subject to the terms and conditions of Citizens then-current subscriber Internet
Service Agreement and Citizens then-current Acceptable Use Policy, as well as the license agreements
associated with the software provided by Citizens. Citizens reserves the right to change its subscriber
Internet Service Agreement and Acceptable Use Policy at any time.
b) No Citizens Liability for Content: Customer acknowledges that there is content on the Internet or
otherwise available through the services which may be offensive, or which may not be in compliance with all
local laws, regulations, and other rules. For example, it is possible through the use of the services to obtain
access to content which pornographic, obscene, or otherwise inappropriate or offensive, particularly for
children. Citizens assumes no responsibility for and excercises no control over the content contained on the
Internet or therwise available through the services. In particular and without limiting the generality of the
foregoing, Citizens neither censors nor monitors the legality of any such content. All content accessed or
received by customer through the services is accessed and used by customer at customers own risk, and
Citizens and its employees, agents, contractors, and representatives shall have no liability whatsoever for any
claims, losses, actions, damages, suits, or proceedings arising out of or otherwise relating to the access to or the
receipt of such content by customer.
c) Minors; Obscenity: Customer acknowledges and agrees that materials are available on the Internet
which may not be suitable for minors and that Citizens is not responsible for the prevention of access to such
material and resources by minors or others. Customer agrees that customer has the sole responsibility for
monitoring what is available to any minors or others who have access to the Internet through your Citizens
account. Customer further agrees that customer has sole responsibility for compliance with obscenity laws
with respect to materials retrieved via Citizens facilities.
d) Citizens Contents Rights: Citizens has no obligation to monitor the services content. However,
customer acknowledges and agrees that Citizens has the right to monitor content electronically from time to
time and to disclose any information as necessary to satisfy any law, regulation, or other governmental request,
to operate the services properly or to protect itself or its subscribers. Citizens reserves the right to post or to
remove any information or materials, in whole or in part, that in its sole discretion, are unacceptable,
undesireable, or in violation of this agreement.
e) Use Restricted to Lawful Purposes: Customer agrees that customer will only use Citizens services
for lawful purposes. Customer agrees customer will not transmit any material in violation of any US Federal,
US State, or foreign law. This includes, but is not limited to: copyrighted material, material legally judged to
be threatening, obscene, in violation of the Communications Decency Act or any other section of the
Telecommunications Reform Act of 1996, or material protected by trade secret. Customers keyboard input
or files may be monitored in the event of a real or perceived security incident. Customer agrees that Citizens
may remove objectionable materials residing on Citizens server. Such removal shall be at Citizens sole
discretion and Citizens shall be the sole judge of what constitutes objectionable material.
f) Inappropriate Use: Customer shall not use the equipment or services to directly or indirectly disrupt,
abuse, or cause degradation of service in the Citizens backbone network nodes or network services or the
network nodes of other Citizens users, or resell the services or use the services for operation of an Internet
service provider business or for any other inappropriate business enterprise in competition with Citizens.
Engaging in one or more of these activities or violating this DSL Service Agreement may result in termination
of the services. The services are provided for personal, residential use only. Customer use of the services that
is determined to be business use may result in termination of the services and/or additional fees, at Citizens
discretion.
Section 18: Limited Warranty
All equipment and services are provided by Citizens as is and as available, without
warranty of any kind. Citizens does not warrant uninterrupted use or operation of the equipment or
services. Citizens does not warrant that any data or files sent by or to customer will be transmitted in
uncorrupted form or within a reasonable period of time. All representations, warranties, endorsements,
and conditions of any kind, express, or implied, including, without limitation any warranties or title or
noninfringement, fitness for a particular purpose, merchantability and those arising from a course of
dealing or usage of trade, are hereby excluded.
Certain equipment may be subject to third party warranties which may be passed through Citizens
to customer at no additional charge. Citizens will comply with all reasonable requirements necessary to effect
the pass-through of the warranty to customer. As its sole option, Citizens or is agent may replace defective
equipment on behalf of the manufacturer, provided customer follows all applicable procedures and obtains a
Return Materials Authorization (RMA) number.
Section 19: Specific Risks for Which Citizens Shall Have No Liability
a) Security Breaches: The Internet is a shared resource among many customers. Because of this, there
is a risk that customer could be subject to a variety of security breaches, including but not limited to
eavesdropping and denial of service attacks. This means that other people may be able to access, monitor and/or
alter customer’s files, data, or other traffic sent or received using the services, and/or negatively affect customers
ability to use the services. Any information sent by customer over the services network is sent at customers
sole risk, and Citizens shall have no liability whatsoever for any claims, losses, actions, damages, suits, or
proceedings arising out of or otherwise relating to such actions by customer.
b) FTP/HTTP Server Setup: Customer should also be aware that when using the computer to access the
Internet or any other online network or service cia the services, there are certain applications, such as FTP (File
Transfer Protocol) server and HTTP (Hyper Text Transfer Protocol) server, which may be used to allow other
service users and Internet users to gain access to customers computer. Customer is permitted to run such
applications for customers personal use and within the limitations of Section 7 of this agreement provided,
however, that customer acknowledges and agrees that if customer chooses to run such applications, customer
should take the appropriate security measures and that the risk of security breaches as described in Section 9a
of this agreement may be significantly increased. Citizens shall have no liability whatsoever for any claims,
losses, actions, damages, suits, or proceedings resulting from or arising out of or otherwise relating to the use
of such applications by customer, including, without limitation, damages resulting from other users accessing
customers computer.
Section 20: Limitation of Liability
Citizens liability to customer for direct damages shall be limited to a maximum of the fees paid by
customer to Citizens for the services during the twelve (12) month period prior to the time when customers
claim for direct damages arose; provided, however, that Citizens shall have no liability whatsoever for any
damage to, loss of, or destruction of any software, files, or data. In addition, Citizens will not be liable to
customer or to any third party for:
a) any indirect, incidental, special, punitive, or consequential losses or damages, including loss of
profits, loss of earnings, loss of business opportunities and personal injuries (including death), resulting
directly or indirectly out of, or otherwise arising in connection with, the use of the services by customer or any
other use of the equipment or services, including without limitation, any damage resulting from or arising out
of customers reliance on or use of the equipment or services, or the mistakes, omission, interruptions, deletion
of files, errors, defects, delays in operation, transmissions, or any failure of performance of the equipment or
services; and
b) any losses, claims, damages, expenses, liabilities, or costs (including legal fees) resulting directly
or indirectly out of, or otherwise arising in connection with, any allegation, claim, suit, or other proceeding
based upon a claim that the use of the equipment or services by customer or a third party infringes the copyright,
patent, trademark, trade secret, confidentiality, privacy, or other industrial or intellectual property rights,
proprietary rights, or contractual rights of any third party.
The foregoing limitation applies to the acts, omissions, negligence, and gross negligence of Citizens, its
officers, employees, agents, contractors, or representatives, which, but for this provision, would give rise to the
cause of action against Citizens in contract, tort, or any other legal doctrine. Customers sole and exclusive
remedies under the agreement are as expressly set out in this agreement.
Section 21: Amendment of the Agreement
Citizens may, in its sole discretion, change, modify, add, or remove portions of this agreement at
any time. Citizens will provide notice of such changes to this agreement to customer by electronic mail or
postal mail. Customers continued use of the service following notice of such change, modification, or
advancement shall be deemed to be customers acceptance of any modification. If customer does not agree
to any modification of this agreement, customer is terminating this agreement in accordance with Section 22a
of this agreement.
Section 22: Termination
a) Termination Rights: Either party may terminate this agreement at any time by providing the other
party with no less than twenty-four (24) hours written notice of such termination. Customer may also terminate
this agreement by providing verbal notice of termination to a Citizens customer service employee contacted
through Citizens customer service number.
b) Minimum Service Agreement: Customer agrees to maintain the services for the minimum service
agreement period or pay the applicable early termination charge. Both the minimum service period and the
early termination charge are included with Citizens published rates, and are set forth in Attachment A.
c) Customer Obligations Upon Termination: Customer agrees that upon termination of this agreement:
(i) customer will pay Citizens in full for customers use of services up to the end of the billing cycle in which the
services have been disconnected; (ii) customer will pay an early termination charge, if applicable; (iii) customer
will return all equipment that was not directly purchased by the customer; and (iv) customer will return or
destroy all copies of any software provided by Citizens pursuant to this agreement, including all back-up copies.
Section 23: Contact Address
For any inquiries or notices required in connection with agreement customer should contact Citizens
at the published customer service number, or in writing to Citizens Telephone Cooperative, Inc., 328 W Main St,
PO Box 127, New Auburn, WI 54757.
Section 24: Governing Law
This agreement, the rights and obligations of the parties hereto, and any claims or disputes hereunder,
shall be governed by and construed in accordance with the laws of the State of Wisconsin without reference
to conflict of law principles. All disputes arising out of or relating to this agreement shall be submitted to the
exclusive jurisdiction of the state and federal courts in Wisconsin, and each party irrevocably consents to such
personal jurisdiction and waives all objections thereto. Customer may not bring any claim, suit, or proceeding
more than one (1) year after the date of the cause of action.
Section 25: General Information
Nothing contained in this agreement shall be construed to limit Citizens actions or remedies in any way,
and Citizens reserves at all times all rights and remedies available to it at law or in equity. This agreement
constitutes the entire agreement and understanding between the parties with respect to the subject matter of this
agreement and supersedes and replaces any and all prior written or verbal agreements. In the event that any
portion of this agreement is held to be unenforceable, the unenforceable portion shall be construed in accordance
with applicable law as nearly as possible to reflect the original intentions of the parties and the remainder of the
provisions shall remain in full force and effect. Citizens failure to insist upon or enforce strict performance of
any provision of this agreement shall not be construed as a waiver of any provision or right. Neither the course
of conduct between the parties nor trade practice shall act to modify any provision of this agreement. This
agreement may not be assigned or transferred by customer. This agreement may be assigned or transferred
without consent of customer.
