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WWC, Inc., doing business as Solution Long Distance, (the "Company") will provide interstate long distance services ("Service") between points within the United States and between the United States and international locations at the rates, and under the terms and conditions stated herein, as the rates, terms and conditions may be modified from time to time. As used herein, “you” or “your” refers to the individual or entity using or paying for the Service. SUBSCRIBING TO, PAYING FOR, OR USE OF THE COMPANY’S SERVICE CONSTITUTES YOUR ACCEPTANCE OF THESE RATES, TERMS, AND CONDITIONS. If you do not agree to these prices, charges, terms and conditions, do not use the Service, and contact your local telephone company or the Company to cancel the Service immediately. The rates, terms, and conditions for any intrastate long distance service offered by the Company are governed by the Company’s tariffs filed with the Mississippi Public Service Commission.. 1. AVAILABILITY OF SERVICE. Subject to the availability of facilities and subject to transmission and like conditions, the Service is available for your use twenty four (24) hours a day, seven (7) days a week. The rates for the Service are provided on the company’s website at www.wallerinc.com and are incorporated herein by reference. 2. USE OF SERVICE. You may use the Service for any lawful purpose. Any unlawful or fraudulent use of the Service is strictly prohibited and may be grounds for immediate termination of Service by the Company. Use of the Service herein in a manner that could interfere with that provided to other users or that could harm the facilities of the Company is prohibited and may be grounds for immediate termination of Service by the Company. 3. RATES AND CHANGES IN RATES, TERMS AND CONDITIONS. Current rates are on the Company’s website and are available at its office located at 101 Public Square Bruce, MS 38915. These rates are incorporated into this agreement by reference. The Company reserves the right to make price changes for the Service or changes in these terms and conditions upon providing fifteen (15) days’ advance notice. The Company may elect to provide such notice by any reasonable commercial method including, but not limited to, a bill insert or a bill message. You agree that you will be bound by any change in the rates, terms and conditions of the Service unless you cancel your Service as provided for in Paragraph 13 below prior to the effective date of the change. Any changes to the terms and conditions for the Service shall become effective on the date provided for in the notice to you. By continuing to accept the Service after such date, you agree to the new terms and conditions as modified. From time to time, the Company may decide to offer special promotional offerings allowing special discounts or modifications of its regular Service offerings. Such offerings may be limited to certain dates, times, and locations. 4. LIABILITY OF THE COMPANY AND CREDITS. The liability of the Company, if any, for interruption, delays, or failures in transmissions (“Service Problems”), whether caused by the negligence of the Company or otherwise, is expressly limited to credits issued by the Company to you. No credit will exceed the charges billed by the Company to you for the period during which the Service Problem occurred and in no event shall exceed an amount equal to one (1) month of the fixed monthly recurring charge (if any) you may pay. No credit will be allowed for Service Problems due to any facilities or equipment you provide or any act or omission to act by you, your authorized user(s), officers, directors, employees, agents, contractors, licensees or invitees or any person or entity who gains access to your Service through your negligence. To determine whether you are due a credit, the time for a Service interruption begins when you notify the Company of the failure in the Service or when the Company has actual knowledge of the failure, and ceases when the Service has been restored and an attempt has been made to notify you. The Company will issue a credit only when the Service interruption lasts more than twenty-four (24) hours. Any credit will be calculated based on the total time of the Service interruption as a portion of the monthly billing period (which billing period shall be presumed to be thirty (30) days) and shall only apply to the fixed monthly charges (if any) associated with your Service. The Company reserves the right to require you to apply for any such credit in writing. The Company may deny your request for credit where your evidence is inconclusive or the request for credit is otherwise unwarranted or insufficient. The Company’s liability, if any, with respect to the Service shall solely be to you. In no event is the Company liable to any person or to you for any cost, damage or harm whatsoever arising from: (a) your negligence or willful act; (b) the unauthorized use of your Service; (c) the attachment or use of any equipment or wiring by you which you use in conjunction with the Service; (d) the use of any facilities of other carriers by the Company in rendering the Service to you; (e) errors or omissions associated with your telephone number or listing information provided via directory assistance; or (f) any acts beyond the control of the Company including, but not limited to: (1) civil disorders, riots, fire, flood, labor problems or regulations, or other catastrophes; or (2), any law, regulation, directive, order or request of any a federal or state governmental authority or agency having jurisdiction over the Company. Under no circumstances whatsoever will the Company or its officers, directors, agents, or employees be liable for indirect, incidental, special, punitive, exemplary, or consequential damages arising from, or in any way attributable to, acts or omissions of the Company relating to the Service. The Company’s liability for its willful misconduct associated with the Service is not limited by these terms and conditions. 5. INDEMNITY. You agree to indemnify and hold harmless the Company for any liability with respect to any and all claims and damages, of every kind (including specifically special or consequential damages), arising from your use of the Service. Your indemnity of the Company also extends to: (a) any claims or damages arising out of or attributed, directly or indirectly, to Service Problems; (b) any claims or damages arising out of or attributed, directly or indirectly, to the Service; (c) any claims or damages of the owner of your premises or equipment; or (d) any other third party claims and damages. As part of this indemnity, you also agree to pay to the Company any reasonable costs (including, by way of example only, attorney fees), expenses, damages, fees or penalties incurred by it as a result thereof. You also agree to indemnify, defend and hold harmless the Company against any and all claims, demands, causes of action and liability relating to the Service you use, including payment to the Company associated with reasonable attorney's fees 6. NO WARRANTIES. EXCEPT AS MAY BE EXPRESSLY SET FORTH HEREIN, THE COMPANY MAKES NO WARRANTIES EXPRESS OR IMPLIED WITH RESPECT TO THE PROVISION OF ITS SERVICES, AND EXPRESSLY DISCLAIMS ANY IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE. 7. PAYMENT. You will provide the Company with your name, address and telephone number for billing purposes. Business entities will provide the name of a designated officer or agent. All information provided will be accurate, and the Company has the right to access and verify credit information. Once Service is activated, you are responsible for paying all charges (including all necessary taxes and other fees) associated with the Service that are attributable to you regardless of whether such use is authorized by you. Monthly Service charges (if any) are billed in advance and usage charges are billed in arrears. All bills from the Company are due as specified on the bill and are payable at the Company's office as designated on the bill. The Company may apply a late fee of four dollars ($4.00) or the maximum fee or rate permitted by law to each of your bills not paid by the due date. You are responsible to pay all the Company's cost of collection, including bank charges and reasonable attorneys' fees. In the event that a check, bank draft, or electronic funds transfer tendered by you is returned, a fee of thirty dollars ($30.00) or the maximum amount permitted by law or regulation will apply, unless the return is a bank error that is properly documented by you. 8. CALCULATION OF USAGE. Charges for usage-based Service offered by the Company begin when the connection is established. Unless otherwise noted in the specific description (if any) of the Service offering that you use, usage charges are assessed in increments of one (1) minute, with fractional minute usage rounded up to the next whole minute. 9. TAXES, FEES AND SURCHARGES. In addition to the charges for the Service, you are also responsible for paying all applicable federal, state and local use, excise, sales or privilege taxes, and all fees chargeable to or against the Company as a result of its provision of Service to you.
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