Plateautel

Plateau Internet Agreement

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Plateau Telecommunications, Incorporated (hereinafter referred to as Plateau) provides Internet service and related products under the following Terms and Conditions and at rates and charges established from time to time. "You", "your", or "customer", in this Agreement includes you, individually, and any company, spouse, individual or other entity on whose behalf you are acting in submitting application for service and/or product or equivalent.

Security Deposits

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Customer acknowledges and agrees that Plateau Telecommunications, Inc. may

  • verify Customer's credit standing with credit reporting agencies;
  • furnish information about you (including your social security number), your account(s) and your payment history to those credit reporting agencies; and
  • require a deposit fee based on Customer's credit standing or past payment history with Plateau Telecommunications, Inc. A deposit fee does not relieve the Customer of the responsibility for the prompt payment of bills on presentation.

Security deposits paid by Customer for Equipment or Services may be used, to the extent permitted by law, to offset any unpaid balance or charges after termination of Service. Customer shall remain liable for any outstanding balances after the security deposit has been applied.

Assignment

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Plateau may transfer its rights and responsibilities under these Terms and Conditions to any third party who may purchase the company, its assets or the Plateau Internet spam blocking service, patent or technology. Terms and Conditions may be modified by Plateau Internet without notice. Modifications shall be considered to be in force upon posting of the modified Terms and Conditions on the Plateau Internet website(s). Continued use of Plateau Internet following such modifications constitutes acceptance of these Terms and Conditions, as modified. These Terms and Conditions supersede all previous representations, understandings, or agreements and shall prevail notwithstanding any variance with Terms and Conditions of any order submitted.

The Basics of your Plateau Agreement

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This Agreement is your entire agreement with Plateau and governs your use of the Plateau Internet online service. To access the Plateau service you must accept the terms of this Agreement and comply with the Plateau Guidelines. To be a Plateau customer, you must be at least 18 years old. If you are not yet 18 years old, you may still use Plateau, but only if the account was created and registered by your parent or guardian. It is important that you not reveal your password to other users. Plateau may from time to time ask you for your user name and password but only for trouble shooting purposes. You agree not to reveal your password to other users and you agree to indemnify and hold Plateau harmless for any improper or illegal use of your account. This includes illegal or improper use by someone to whom you have given permission to use your account. Your account is at risk if you let someone use it inappropriately. If your agreement is terminated for violating this Agreement or the Plateau Guidelines, Plateau's express permission will be necessary before you are allowed to use Plateau Internet services again.

Agreement Revisions

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Plateau may update or revise certain provisions of the Customer Agreement. The most current version of the Plateau Agreement is found at link: www.plateautel.com. If you do not agree with any of the other terms in this Agreement, your only remedy is to cancel your Plateau Account. This means that if you, or anyone using your account, violate the Plateau Internet Agreement, Plateau may take action against your account. This can range from the issuance of a warning about a violation to the termination of your account. You understand Plateau is not required to provide notice prior to terminating your account for violating the terms of this Agreement, however, Plateau may choose to do so. Additionally, due to the changing nature of the Internet and Online Services, as a Plateau Internet customer, you may have access to other Plateau services. When using these Plateau services, your conduct remains subject to this Agreement.

Content

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By content, we mean the text, software, communications, images, sounds and other information provided online, including any web page(s) created or utilized by you. Most content on the Plateau service is provided by Plateau, our customers, our affiliates, or independent content providers under license. In general, Plateau does not pre-screen content available on Plateau's Internet Service. Plateau does not assume any liability or responsibility for content that is provided by others. Plateau does reserve the right to remove content that, in Plateau's judgment, does not meet its standards, guidelines or does not comply with Plateau's current Agreement, but Plateau is not responsible for any failure or delay in removing such material. Keep in mind that Plateau is not responsible for content available on the Internet, although we reserve the right to filter access to any Internet area containing illegal or other harmful content or which is otherwise being used for purposes that are unlawful or injurious to Plateau or its customers. One of the most exciting aspects of this medium is that individual customers have the ability to create their own content and voice their own opinions. Plateau encourages their customers to participate and express their views, after all, that is what makes your experience interactive. But it is important to remember that there are rules and standards, guidelines that you must abide by as a Plateau customer for posting content. These rules, and standard guidelines are described in this document. As a Plateau customer, you agree to follow the Plateau Agreement, and you acknowledge that Plateau has the right to change, modify, and enforce them in its sole discretion. Plateau may update or revise certain provisions of the Customer Agreement. By entering the Customer Agreement you agree that Plateau may change the terms of this Agreement and, if said changes or revisions are material, you will be provided notice, only, on Agreement changes at Link: www.plateautel.com Notice will be provided to you thirty days in advance. If you do not agree with the changes proposed by Plateau or to any of the other terms in this Agreement, your only remedy is to cancel your Plateau Account. This means that if you, or anyone using your account, violate the Plateau Agreement, Plateau may take action against your account. This can range from the issuance of a warning about a violation to the termination of your account. You understand Plateau is not required to provide notice prior to terminating your account for violating these rules, and standards, but it may choose to do so. Additionally, as a Plateau customer, you may have access to other Plateau services. When using these Plateau services, your conduct remains subject to this Agreement. Because of the changing nature of the Internet and Online Services, the Plateau Terms and Conditions may change at any time. You can always find the most current version of the Plateau Agreement at link: www.plateautel.com.

Intended Use of the Service

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You may not reproduce, duplicate, copy, sell, resell, or exploit any portion of the Service without Plateau’s prior written consent. You will not use the Service in a manner prohibited by any federal, state, or local law or regulation, and will abide by Plateau’s Policies, which set forth additional rules, standards and guidelines that govern your activity in connection with the Service. Without limiting the foregoing, you may not use the Equipment or Service, or allow the Equipment or Service to be used, for any abusive or harmful purpose or in any way that damages Plateau’s property or interferes with or disrupts Plateau’s network or other users. You may not attempt to circumvent user authentication or security of any host, network, or account (also known as “cracking” or “hacking”). This includes, but is not limited to, accessing data not intended for you, logging into a server or account that you are not expressly authorized to access, or probing the security of other networks. You may not attempt to interfere with service to any user, host, or network (“denial of service attacks”). This includes, but is not limited to; “flooding” of networks, deliberate attempts to overload a service, and attempts to “crash” a host. You may not use any kind of program/script/command, or send messages of any kind, designed to interfere with a user’s session, by any means, locally or via the Internet. You may not use the Service or take any action that will result in excessive consumption or utilization of Plateau’s system or network resources, or which may weaken network performance, or which adversely affects the performance of the Services for other Plateau customers, all as determined in Plateau’s sole discretion. Such prohibited actions include, but are not limited to: using the Service to host a web server site which attracts excessive traffic at your Premises, continuously uploading or downloading streaming video or audio, use net hosting, or continuous FTP uploading or downloading. In the event that Plateau detects excessive use by you, Plateau may restrict your access to Plateau’s network, increase the fees associated with your Service, including upgrading you to a higher class of Service, or terminate your Service. Plateau has the right but not the obligation to restrict any uses of the Equipment or Service that Plateau believes in its sole discretion violate the Agreement or applicable law.

Internet Addresses, Static IP Addresses, and E-mail

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Your Plateau Agreement allows you to send and receive e-mail to and from other Plateau customers and users of the Internet. This does not mean that you may use Plateau to send bulk, commercial or “SPAM” e-mail. Your Plateau agreement and your authorization to use the Plateau e-mail service does not allow you to send bulk, commercial or “SPAM” e-mail or to cause bulk, commercial or “SPAM” e-mail to be sent by someone else. You may not use any Customer Directory or any other area of Plateau to harvest or collect information, including screen names, about Plateau customers, and the use of such information for the purpose of sending bulk, commercial or “SPAM” e-mail is strictly prohibited. Any violation of these provisions can subject your Plateau account to immediate termination and further legal action. Plateau also reserves the right to take any and all legal and technical remedies to prevent bulk, commercial or “SPAM” e-mail from entering, utilizing or remaining within the Plateau Network. Plateau shall not be held responsible for delivery, mis-delivery or non-delivery of any e-mail. Furthermore, your Plateau e-mail and IP addresses assigned to your resources in the process of accessing Plateau's Network remain in the custody of Plateau and are non-transferable. In the event you discontinue service with Plateau, all associated Plateau e-mail and IP addresses will be forfeited. Additionally, it is necessary from time to time to change e-mail domains, IP addresses and technologies associated with Plateau's service. In the event a significant change is made, you will be notified in writing via paper or electronic means no less than 30 days in advance. During this period you will be required at your expense to make reasonable modifications to your resources necessary to accommodate these changes or your service will be subject to interruption without further notice. Additionally, in order for Plateau to maintain equipment that operates in an efficient manner, e-mail storage on Plateau's servers is limited. Any e-mail account that accumulates over 1 gigabyte of storage space may be emptied without notice. It is recommended that you download your e-mail messages to your own computer or server on a regular basis.

Bandwidth

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All advertised connection rates are maximum attainable raw data rates under ideal conditions. These rates should not be considered guaranteed and are subject to but not limited to interference, network congestion, equipment and far end node performance.

On-Demand Connections

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On-demand connections are generally referred to as dial-up connections and are subject to idle time disconnections. Plateau reserves the right to disconnect any session that has been idle for more than 20 minutes. Connections are considered idle if no significant amount of data has been transmitted in either direction of an on-demand connection. Additionally, Plateau may terminate any session that has been online for 8 hours continuously or more. In the event you are disconnected for an idle or 8-hour continuous connection, you are allowed to reconnect immediately.

Security

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The Internet is a public transport. Plateau does not exercise any control over the data transmitted to or from you and only filters content as an additional service described in subsequent sections of this Agreement. This means that you are responsible for protecting all of your resources that may be accessible by a connection to Plateau's Network. Furthermore, you agree to accept full responsibility and hold Plateau harmless for any damages caused or alleged to be caused as a result of accidental or malicious activity resulting from your connection to Plateau's Network.

Password Security

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It is important that you not reveal your password to other users. When you contact Plateau Tech Support for assistance, the technicians may ask you for your user name and password for trouble shooting purposes ONLY. Plateau will never contact you via phone or E-mail asking for this information. You agree not to reveal your password to other users and you agree to indemnify and hold Plateau harmless for any improper or illegal use of your account. This includes illegal or improper use by someone to whom you have given permission to use your account. Your account is at risk if you let someone use it inappropriately. Your account may be suspended and you may be required to change your password if your password is compromised by a third party. For additional password safety, user tutorials, and other helpful information, please refer to the Support section at link www.plateautel.com/support.

Privacy Policy

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Plateau Internet maintains a Privacy Policy, which governs how we treat your personal information. The Plateau Privacy Policy is found under Legal Documents on Plateau’s website, link: www.plateautel.com/legal. Beyond the terms stated in the Privacy Policy, Plateau Internet disclaims any obligation to maintain the confidentiality of information.

Cancellation or Suspension

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Plateau reserves the right to cancel or suspend any account at its sole discretion at any time. This includes, but is not limited to, suspension for failure to pay charges due on the account, repeatedly exceeding volume limits, and activity deemed by Plateau to be harmful or abusive to its service or network. Termination or suspension does not release liability for charges due.

Third Party Charges

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You agree that any charges you incur from a third party as a result of any transactions you willingly or unwillingly conduct through a connection to Plateau's Network are your sole responsibility, including but not limited to credit card and long distance phone charges.

Resell

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Plateau's Internet service is provided for your business, organization or personal use as a provider-end user relationship. You may not resell or provide connectivity to Plateau's Network in any manner to any third party unless express written permission is granted to you from Plateau.

Proprietary Rights

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Much of the content available on our service is owned by others, and is protected by copyrights, trademarks, and other intellectual property rights. It is very easy to copy things in cyberspace, but just because it is easy doesn't mean it is acceptable or legal. Any content that you upload or download while using the service must be authorized; this means you must have the legal right to upload or download the content. You must not copy, transmit, modify, distribute, show in public or in private or create any derivative works from any of the content you find on Plateau unless you have the legal right to. Making unauthorized copies of any content found on Plateau can lead to the termination of your Plateau account and may even subject you to further legal action beyond the termination of your agreement. Similarly, other content owners may take criminal or civil action against you. In that event, you agree to hold harmless Plateau and its subsidiaries, affiliates, related companies, independent contractors, assigns, employees, officers, directors, agents, licensors, representatives, resellers and telecommunication and content providers [hereinafter collectively referred to as independent contractors] from all liabilities, claims, and expenses, including attorney's fees. Bear in mind that some areas of Plateau Internet service are "public", like message boards, forums, or the Customer Directory, and other customers will have access to your posted material and might copy, modify or distribute it. By submitting or posting content there, you are representing that you are the owner of such material or have authorization to distribute it. Once you post content on Plateau Internet, you expressly grant Plateau the complete right to use, reproduce, modify, distribute, etc. the content in any form, anywhere.

Indemnification

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Upon a request by Plateau, you agree to defend, indemnify and hold harmless Plateau and its independent contractors from all liabilities, claims and expenses, including attorney's fees, that arise from a breach of this Customer Agreement for which you are responsible or from the use of Plateau or the Internet, or in connection with your transmission of any content on Plateau. Plateau reserves the right, at its own expense, to assume the exclusive defense and control of any matter otherwise subject to indemnification by a Customer.

Spam Blocker

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  1. Plateau’s spam blocker (if applicable), a service provided through a third party, offers you a service to block unwanted e-mail to one or more e-mail delivery addresses. You acknowledge that these unwanted e-mails come through the Internet and that the Internet is not owned, operated, managed, or in any way affiliated with Plateau Telecommunications or any of its affiliates, and that it is a separate network of computers independent of Plateau Internet. Access to e-mail from the Internet is solely at your own risk and is subject to all applicable local, state, national and international laws and regulations.
  2. Plateau’s spam blocker service may only be used for lawful purposes. The use of Plateau spam blocker service to aid in the transmission of any material in violation of U.S or state regulation is prohibited. This includes, but is not limited to: copyrighted material, material legally judged to be threatening or obscene, material protected by trade secret, or material that is otherwise deemed to be proprietary or judged by Plateau Internet to be inappropriate or improper such as bulk e-mail messages.
  3. Any use of your Plateau spam blocker service ID, virtual e-mail address, or service must comply with the rules appropriate for the Internet and any other network that is part of the transmission.
  4. Plateau Internet makes no warranties, express or implied, including, but not limited to, those of merchantability or fitness for a particular purpose. This includes loss of data resulting from delays, non-deliveries, mis-deliveries or service interruption however caused. Use of any information obtained through the Plateau spam blocker service is at your own risk. Plateau Internet specifically disclaims any responsibility for the accuracy or quality of information obtained from e-mail messages delivered through its services. Under no circumstances shall Plateau Internet be liable for any indirect, incidental, special or consequential damages, including, without limitation, loss of profits
  5. You agree to indemnify and hold harmless Plateau Internet , its directors, officers, shareholders, employees, subcontractors, partners, and customers from any and all claims and expenses, including, without limitation, reasonable attorney's fees arising out of, or resulting from, the use of Plateau’s spam blocking service, techniques, information, or technology.
  6. Plateau Internet maintains a spam blocking Privacy Policy, which governs how we treat your personal information. Beyond the terms stated in the privacy policy, Plateau Internet disclaims any obligation to maintain the confidentiality of information, although Plateau Internet’s current practice is to utilize reasonable efforts to maintain such confidentiality. Plateau Internet reserves the right to monitor your activity related to usage of Plateau spam blocking service for the purposes of security and system administration. In addition, in order to provide certain services critical to the proper operation of Plateau’s spam blocking service, it may be necessary to determine the contents of messages sent through the service. Such monitoring will be used to provide the features of the service to the subscriber and will not be shared between subscribers unless specifically indicated in the privacy policy.
  7. You understand that Plateau Internet prohibits the use of Plateau Internet’s spam blocking service to aid spamming activities. Spamming is defined as any of the following activities:
    1. To post a single article or advertisement to more than ten (10) Usenet or other newsgroups, forums, e-mail mailing lists or other similar groups or lists;
    2. To post to any Usenet or other newsgroup, forum, e-mail mailing lists or other similar group or list articles which are off-topic according to the charter of the other owner-published FAQ or description of the group or list;
    3. To send unsolicited mass e-mailings to more than twenty-five (25) e-mail users, if such unsolicited e-mailing provoke complaints from the recipients;
    4. To engage in any of the foregoing activities using the service or another provider, but channeling such activities through a Plateau Internet spam blocking account or remailer, or using a Plateau Internet spam blocking account as a mail drop for responses;
    5. To falsify user information provided to Plateau or to other users of the service in connection with the use of a Plateau Internet service.
  8. Engaging in one or more of the above practices will result in the termination of the offender's account and/or access to Plateau Internet services.
  9. You agree to pay all charges incurred through access to your account. The right to use the services is not transferable. You agree to protect your password and account information and to keep them secure from unauthorized use.
  10. You understand that successful delivery of e-mail to your destination e-mail account is dependent upon availability of that account. In the case that your destination e-mail account does not accept e-mail sent from Plateau’s spam blocker service, Plateau reserves the right to limit the amount of time your undeliverable e-mail is queued on our servers.
  11. Plateau Internet reserves the right to charge excess usage fees for accounts that receive over 5,000 messages per month or messages that contain over 100 megabytes of transmitted data per day.
  12. Plateau Internet reserves the right to cancel or suspend any account at its sole discretion at any time. This includes, but is not limited to, suspension for failure to pay charges due on the account, repeatedly exceeding volume limits, and activity deemed by Plateau to be harmful or abusive to its service or network. Termination or suspension does not release liability for charges due.
  13. These Terms and Conditions supersede all previous representations, understandings, or agreements and shall prevail notwithstanding any variance with Terms and Conditions of any order submitted. Use of Plateau Internet’s spam blocking service constitutes acceptance of these Terms and Conditions. These Terms and Conditions may be modified by Plateau Internet without notice. Modifications shall be considered to be in force upon posting of the modified Terms and Conditions on the Plateau Internet website(s). Continued use of Plateau Internet following such modifications constitutes acceptance of these Terms and Conditions, as modified.
  14. Plateau Internet may transfer its rights and responsibilities under these Terms and Conditions to any third party who may purchase the company, its assets or the Plateau Internet spam blocking service, patent or technology.
  15. Plateau Internet and Plateau Telecommunications logos are trademarks of Plateau, All rights reserved.
  16. Certain techniques and technology used within Plateau Internet’s spam blocking service are patent-pending. You may not use these techniques or technology for any purposes without the express written consent of Plateau Telecommunications.

Virus Protection

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  1. Anti-Virus service is only applicable for E-mails via the plateautel.net e-mail server. Anti-virus service only scans all incoming E-mails of users.
  2. Neither Plateau Internet nor its affiliates warrant that any information, software, or other material accessible on the service is free of viruses, worms, Trojan Horses, or other malicious programs, files, commands or data. Plateau Internet is not liable to Customer for any damage to Customer's equipment, software or networks, or for charges resulting from repair or replacement of hardware or software, or for lost profits, loss of use, or loss of business opportunity as a result of any virus, worm, Trojan Horse program or any other malicious program, file, command or data to which Customer's equipment may be exposed.
  3. Customer acknowledges that software capable of detecting and blocking viruses, worms, Trojan Horse programs and other malicious programs, files, commands or data should be obtained and employed by Customer at all times when using the Service. Customer also acknowledges that such software should be kept current to maximize its protective capabilities.

LTE Home Terms

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Plateau's LTE Home service is available in certain areas of eastern New Mexico to customers within four (4) miles, line of sight, to Plateau's base station antenna(s). Availability of service is also dependent upon Plateau's design of the network. Plateau's service is a burstable service meaning data rates cannot be guaranteed 100% of the time. Disruption of Service: Customer understands and agrees that service may be interrupted by factors including, but not limited to, atmospheric conditions, obstacles that hinder line of sight between the customer site and the base station antenna or equipment malfunction. Service may also be terminated for non-payment. Liability: Plateau is hereby released from all liability in all circumstances, except for negligence, including but not limited to, installation of any equipment at the customer premise, and if requested by the customer, the configuration settings on the customer's computer or other equipment, which results in the inoperability of said computer or other equipment. Plateau's limit on liability is $500. Plateau makes no warranties or guarantees in regards to the merchantability of this service, either expressed or implied. Support: Plateau is not required to provide technical support on older operating systems such as Windows 3.1 and Macintosh 7.5.5 or older. Additional Charges: Customers who are disconnected for non-payment and then subsequently re-connected may be assessed a reconnect charge of $25 if the equipment was not removed before re-connecting, otherwise another installation/activation fee will apply. Customers who change price plans may be assessed a price plan change charge of $27. Customers who request that their external equipment be moved to another location may be charged a move charge of $99.95. Additional charges may apply if customer requires a non-standard installation. A standard installation on an outdoor subscriber unit is defined as 150 feet of cable, standard antenna mount, line of sight to the base station antenna that is within four (4) miles and adequate signal strength. Equipment and Customer Responsibility: Customer agrees that ownership of the customer premise equipment (antenna or modem and cabling) remains with Plateau Telecommunications. Customer agrees that if service is cancelled for any reason, customer will return the LTE Home Indoor Subscriber Unit or will grant Plateau access to the customer's premise to retrieve the Outdoor Subscriber Unit. Failure of customer to grant Plateau access to the premise to retrieve said equipment or failure to return said equipment will result in customer being billed for the replacement cost of the equipment which is up to $700. Installation of the Network Interface Card is the responsibility of the customer. Customers who network multiple computers may be required to purchase a NAT (Network Address Translator) capable router or other equipment. Customers who have an Outdoor Subscriber Unit shall not move or adjust the customer premise equipment without permission of Plateau. If the antenna must be moved at the request of customer for any reason, customer agrees to notify Plateau and may be subject to a move charge. If equipment is damaged for any reason, beyond normal wear and tear, customer may be billed for the replacement cost of said equipment which may be up to $700. Customer agrees that their account may be subject to cancellation if their High Speed Internet connection is shared with other users without the express written consent of Plateau. Customers who have an Outdoor Subscriber unit and who rent or lease office or living space, will be required to obtain written permission of the Landlord or property owner in order for Plateau to install equipment at the customer premise. Service is available subject to credit check and deposit may be required. Said Terms and Conditions hereby apply and Plateau reserves the right to change or modify said Terms and Conditions and this agreement from time to time, as necessary, and customer agrees to be bound by those Terms and Conditions. Terms and Conditions are available online at: www.plateautel.com/legal. Customer certifies the following: I am at least 18 years of age, I have the authority to sign this agreement and the above prices, specifications and conditions are satisfactory and hereby accepted.

Warranty

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NEITHER PLATEAU NOR ITS INDEPENDENT CONTRACTORS WARRANTS TO YOU THAT DURING THE TERM OF THIS AGREEMENT, THE SERVICE, PRODUCT, OR SOFTWARE WILL CONFORM TO ITS DOCUMENTATION AND SPECIFICATIONS OR THAT IT WILL OTHERWISE BE FREE FROM DEFECTS IN MATERIAL AND WORKMANSHIP UNDER NORMAL USE. THE PRODUCT AND SERVICES ARE PROVIDED "AS IS," AND "AS AVAILABLE" WITH ALL FAULTS, AND DISCLAIMERS OF ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING WARRANTIES OF ACCURACY, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT, NON-INTERFERENCE AND QUIET ENJOYMENT. THERE IS NO WARRANTY THAT THE PRODUCT OR SERVICES WILL FULFILL CUSTOMER'S PARTICULAR NEEDS, AND CUSTOMER ASSUMES ALL RISK OF SATISFACTORY QUALITY, PERFORMANCE AND EFFORT. PLATEAU PROVIDES ITS SERVICES ON A COMMERCIALLY REASONABLE BASIS AND IT IS NOT GUARANTEED THAT CUSTOMERS WILL BE ABLE TO HAVE ACCESS OR USE OF THE SERVICE AND PRODUCTS AT TIMES OR LOCATIONS OF THEIR CHOOSING, OR THAT PLATEAU WILL HAVE ADEQUATE CAPACITY FOR THE SERVICE OR PRODUCT AS A WHOLE OR IN ANY SPECIFIC GEOGRAPHIC AREA.

Limitation of Damages

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Under no circumstances will Plateau or its independent contractors be liable for any consequential, indirect, special, punitive or incidental damages, whether foreseeable or unforeseeable, based on Customer's claims or those of any third party (including but not limited to claims for loss of data, goodwill, profits, use, business, use of money or use of the Products or Services, interruption in use or availability of data, stoppage of other work or impairment of other assets) arising out of breach of contract, whether express or implied, tort, strict liability, negligence, prima facie tort, including breach or failure of express or implied warranty, misrepresentation, access to sites that should have been filtered, including the contents of any site in, or otherwise, except only in the case of personal injury where and to the extent that applicable law specifically requires such liability. In no event will the total liability of Plateau or its independent contractors hereunder exceed the fees actually paid by Customer to Plateau under this Agreement. a. WITHOUT LIMITING THE FOREGOING, THE PARTIES AGREE THAT IF ANY REMEDY HEREUNDER IS DETERMINED TO HAVE FAILED OF ITS ESSENTIAL PURPOSE, ALL LIMITATIONS OF LIABILITY AND EXCLUSIONS OF DAMAGES SET FORTH HEREIN SHALL REMAIN IN EFFECT. REMEDIES UNDER THIS AGREEMENT ARE EXCLUSIVE AND LIMITED TO THOSE EXPRESSLY DESCRIBED IN THIS AGREEMENT.

Release and Waiver

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CUSTOMER HEREBY EXPRESSLY WAIVES AND RELEASES, AND COVENANTS NOT TO SUE PLATEAU OR ANY OF ITS INDEPENDENT CONTRACTORS USED BY PLATEAU FOR ANY RIGHT TO RECOVER LOSSES, DAMAGES, OBLIGATIONS, LIABILITIES OR EXPENSES ON ACCOUNT OF THIS AGREEMENT BETWEEN THE PARTIES.

Force Majeure

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Neither Plateau nor its independent contractors will be liable or in default for breach of this Agreement in the event that any such Party is unable to perform its obligations under this Agreement due to strikes, labor disturbances, lockout, riot, fire, flood, outside electrical failure, outside telecommunications facilities failure, computer virus, act of God or the public enemy, or other cause that is similarly beyond their reasonable ability to control.

Miscellaneous

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If any provision of this Agreement is held to be unenforceable, in whole or in part, such holding will not affect the validity of the other provisions of this Agreement. This Agreement will be governed by the laws of the State of New Mexico. Any action arising out of or relating to this Agreement must be brought in the appropriate state court in Curry County, New Mexico which, the Parties stipulate, to as proper forum for purposes of venue and jurisdiction. This Agreement (including any attached Schedules, Appendices or Web Pages, Sites and related content) constitutes the entire agreement between the Parties, and supersedes all prior and contemporaneous communications, understandings or agreements, whether oral or written, with respect to the subject matter hereof. Failure to delay by either party to exercise any right, power, or privilege hereunder will not operate as a waiver there to Law and Legal Notices. The Customer Agreement represents your entire agreement with Plateau. You agree that this Customer Agreement is not intended to confer and does not confer any rights or remedies upon any person other than the parties to this Agreement. There are no third party beneficiaries. You also understand and agree that the Plateau Guidelines and the Plateau Privacy Policy, including Plateau's enforcement of those policies, are not intended to confer, and do not confer, any rights or remedies upon any person. If any part of this Agreement is held invalid or unenforceable, that portion shall be construed in a manner consistent with applicable law to reflect, as nearly as possible, the original intentions of the Agreement, and the remaining portions shall remain in full force and effect. The designated agent for receiving notifications of infringement from copyright holders is: Wireline Services Product Manager, Plateau Telecommunications, 7111 North Prince Street, Clovis, New Mexico, 88101, Voice: 575.389.5100, Fax: 575.389.5477, E-mail: legalnotices@plateautel.com

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