REGULATIONS AND SCHEDULE OF CHARGES

 

APPLICABLE TO

 

INTERSTATE TELECOMMUNICATIONS SERVICE

 

FURNISHED BY

 

TENKAL COMPANY

d/b/a SCATTER CREEK COMMUNICATIONS

 

_____________________________________________________________________________

 

 

BETWEEN AND AMONG DOMESTIC POINTS WITHIN THE UNITED STATES

 

 

 

 

ALL MATERIAL IN THIS TARIFF IS NEW

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

CHECK SHEET

 

The following pages listed below are effective as of date shown:

 

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TABLE OF CONTENTS

 

Section                                                       Page

 

CHECK SHEET                                                      2

TABLE OF CONTENTS                                                3

EXPLANATION OF SYMBOLS                                           4

CONCURRING, CONNECTING, ORTHER PARTICIPATING CARRIERS            4

 

1.     Application of Tariff                                     5

 

2.     Definitions                                               6

 

3.     General Rules and Regulations                           14

       3. 1   Undertaking of the Company                        14

       3. 2   Use of Service                                    14

       3. 3   Obligations of the Company                        16

       3. 4   Obligations of the Customer                       18

       3. 5   Payment Regulations                               21

       3. 6   Credit Allowances                                 23

       3. 7   Equipment                                         23

       3. 8   Cancellation of Service                           28

       3. 9   Determination and Rendering Charges               29

       3.10   Timing of Calls                                   31

       3.11   Special Services                                  31

       3.12   Fractional Charges                                32

 

4.     Service Descriptions                                    32

       4. 1   Message Telecommunications Service                32

       4. 2   Optional Calling Plans                            33

       4. 3   Calling Card Service                              33

       4. 4   800 Service                                       33

       4. 5   Operator Service                                  36

       4. 6   Directory Assistance                              37

       4. 7   Promotional Offerings                             38

 

5.     Reserved for Future Use                                 38

 

6.     Service Charges                                         38

       6. 1   MTS-“Straight Talk”                               38

       6. 2   Optional Calling Plans                            39

       6. 3   Calling Card Service                              39

       6. 4   800 Service                                       39

       6. 5   Operator Service                                  40

       6. 6   Directory Assistance                              41

       6. 7   Surcharges                                        41

 

EXPLANATION OF SYMBOLS

 

       (C)    to signify changes in regulation

       (D)    to signify discontinued rate of regulation

       (I)    to signify increase

       (M)    to signify matter relocated without change

       (N)    to signify new rate or regulation

       (R)    to signify reduction

       (S)    to signify reissued matter

       (T)    to signify a change in text but no change

              in rate or regulation

       (Z)    to signify a correction

 

 

 

 

CONCURRING CARRIERS

 

None

 

CONNECTING CARRIERS

 

None

 

OTHER PARTICIPATING CARRIERS

 

None

 


 

1.    APPLICATION OF TARIFF

 

1.1   This tariff applies to specialized switching services furnished by TENKAL COMPANY, hereinafter referred to as the "Company", with its principal address at 225 Central Avenue West, Tenino, WA 98589, for the provision of Interstate Telecommunications Service for communications initiated from locations between and among domestic points in the United States. Service is furnished subject to the availability of facilities and subject to transmission, atmospheric and like conditions by wire, cable, radio and/or a combination thereof.

 

1.2   From time to time, the Company shall offer special promotional offerings allowing special discounts or modifications of its regular service offerings to its Customers. Such offerings may be limited to certain dates, times, and locations.

 

1.3   In the event the Company files to increase a rate(s) with the Commission, the Company will provide its Customers with notice of such filing prior to its effective date.

 

1.4   When services and facilities are provided in part by the Company and in part by other companies, the regulations of the Company apply to that portion of the service or facilities which it supplies.

 

1.5   Service/trademarks of the Company are indicated by "™" registered service trademarks are indicated by "(®)" and copyrights are indicated by "©".  In addition, the Company logo is a registered servicemark of the Company.


 

2.    DEFINITIONS

 

The following definitions apply for certain terms used generally throughout this tariff:

 

Access Code: A sequence of numbers that, when dialed, connect the caller to the provider of operator services associated with that sequence.

 

Access Line: A communication channel which is used for access to a Company service point.

 

Access Line Group: An access line or a number of access lines from a single Customer or authorized user location which have the same termination characteristics and which are arranged in a hunting sequence.

 

Accounting Code: A multi-digit code which enables a Customer to allocate long distance charges to internal accounts.

 

Additional Minute: The rate element used to bill for the chargeable time when a call continues beyond the initial minute.

 

Aggregator: Any person or entity, that is not an operator service provider and that in the ordinary course of its operations makes telephones available to the public or transient users of its premises, or university for telephone calls between points within this state that are specified by the user using an operator service provider.

 

Analog Transmissions: Denotes information transmitted in the form of continuously varying signal current and/or voltage.

 

Answer Supervision: An electrical signal fed back up the line by the Local Exchange Company at the distant end of a long distance call to indicate positively the call has been answered by the called phone.

 

Application for Service: A standard order form which includes all pertinent billing, technical, and other descriptive information which will enable the carrier to provide the communication service as required.

 

Authorization Code: A multi-digit code which enables a Customer to access Company's network and enables the Company to identify the use of proper billing.

 

Authorized User: A person, firm, corporation, or other legal entity which is authorized by the Customer to be connected to the service of the Customer. An Authorized User(s) must be named in the application for service.

 

Autodialer: A device which allows the Customer to dial pre-programmed telephone numbers, such as the Company access number or authorization codes, by pushing one or two buttons. Dialers can be bought as a separate device and added to a phone.

 


 

2.    DEFINITIONS (Cont'd)

 

Automatic Numbering Identification (ANI) A type of signaling provided by a local exchange telephone company which automatically identifies the local exchange line from which a call originates.

 

Billed Party:  The person or entity responsible for payment of the Company's service as follows:

 

For an Operator Assisted Call:

 

a.    in case of a Calling Card or Credit Card call, the holder of the calling card or credit card used by the Consumer;

 

b.    in case of a Collect or Third Party call, the one responsible for the local telephone service at the telephone number that agrees to accept charges for the call; and

 

      c.    in the case of a Room Charge call, the Customer.

 

For a Direct Dial Call:

 

Direct dial calls are billed to the originating live number, or the party assigned the Company's authorization code used to complete the call.

 

Billing Period: The interval between Customer invoice to Customer invoice which shall consist of approximately 30 days.

 

Business Service: The phrase “Business Service” means telecommunications service provided to the Customer for use primarily or substantially for a business, professional, institutional or other occupational purpose.

 

Calling Card Call: A call for which charges are billed, not to the originating telephone number, but to a telephone calling card issued by a local exchange or long distance telephone company for this purpose.

 

Cancellation of Order: A Customer initiated request to discontinue processing a service order, either in part or in its entirety, prior to its completion.

 

Channel: The path for electrical transmission between two or more points.

 


 

2.    DEFINITIONS (Cont'd)

 

Collect Call: A billing arrangement which bills the charge for a long distance call to the called station's telephone number. The person agreeing to accept the call, whether or not they are a presubscribed customer of the Company shall be responsible for all charges related to the call. Regardless of whether the person is a Customer of the Company or the individual receiving such a collect call shall be subject to the provisions of this tariff which are applicable to the call accepted.

 

Command Routing: This feature allows the 800 service Customer to have 800 calls rerouted by the Company's network in the event of access blockage to an ANI or Tl circuit ID previously defined by the Customer.

 

Commission: The Federal Communications Commission.

 

Company: TENKAL COMPANY

 

Connecting Carrier: A telecommunications company, which may be either an interexchange or a local exchange carrier, that supplies the Company with facilities to originate or terminate the Company's long distance services.

 

Consumer: The term consumer means a person initiating any telephone call using operator services.

 

Customer: The Customer is the person, firm, corporation or other legal entity which: orders, cancels or amends service; is responsible for the payment of charges; and is responsible for compliance with all the Company tariff regulations including any fraudulent use, misuse, or abuse of the Customer's Service or Customer provided equipment by third parties, the Customer's employees, or the public. This includes payment for calls or services that originate at the Customer's number(s), are accepted at the Customer's number(s) (e.g. collect calls), are billed to the Customer number(s) via third number billing, the use of a calling or travel card, or the use of an assigned special billing number or authorization code to the Customer.

 

Customer Dialed Calling Card Call: A Calling Card Call which does not require intervention by an attended operator position to complete.

 

Customer-Provided Facilities: All facilities, including those obtained from other communications common carriers, provided by the Customer and/or authorized user, other than those provided by the Company.

 

DISA: (Direct Inward System Access) This feature of a PBX or telephone system allows the outside caller to dial directly into the telephone system and access the system's features. A Customer would typically use this feature for making long distance calls away from the office using their less expensive business long distance lines.

 

 

 

 

2.    DEFINITIONS (Cont'd)

 

Dedicated Access Service: The generic term for a service in which the Customer's traffic passes over an access line connecting the Customer's premise to a LEC switch, which is used solely for that Customer's traffic.

 

Designated Service Date: Denotes the Customer specified installation date requested at the time the order for service is initiated. If the Company finds it cannot provide service by that date, the designated service date becomes that date specified by the Company on which the installation of service can be performed.

 

Designated Service Point: The Customer designated point of termination of a local distribution channel. The designated service point may be a Customer or authorized user premise or a local exchange company central office or Centrex station.

 

Disconnection: The disconnection of a circuit, dedicated access line or port connection being used for existing service.

 

Domestic Interstate Message Telecommunications Service: The furnishing of direct dial and operator assisted domestic interstate switched network services to the Customer for the completion of long distance voice and dial up low speed data transmissions over voice grade channel between and among points within the United States.

 

EAS: Extended Area Service.

 

End User:  An individual or entity designated by the consumer to be responsible for the payment of calls placed using the Company's services.

 

Equal Access Office: Switch operated by a LEC equipped with the hardware and software required to allow the customers to presubscribe to the interexchange carrier of their choice.

 

Equal Access Code: An access code that allows the consumer to obtain an equal access connection to the carrier associated with that code.

 

Excessive Call Attempt: An attempt to make a call over the Company's network using an invalid authorization code during a measured 15 minute period within which 10 or more incomplete call attempts are made from the same access line, and where those attempts do not complete because an invalid authorization code(s) was used.

 

FCC: Federal Communications Commission.

 

Foreign Exchange Service: Foreign exchange service provides subscribers with the capability of local dialing in a remote exchange via private line services.

 

 

 

 

 

 

 

2.    DEFINITIONS (Cont'd)

 

Hertz: Is a unit of frequency equal to one cycle per second.

 

Holiday: One of the following Federally recognized Holidays: Independence Day, Memorial Day, Labor Day, Thanksgiving Day, Christmas Day, New Year's Day.

 

Message: Represents an interexchange toll call for which appropriate charges shall be assessed.

 

Initial Minute: The rate element used to bill for the first chargeable minute, or fraction thereof, of a call.

 

Line Haul Mileage: Denotes mileage distance between the Company terminal office sites.

 

Local Access Line or Local Distribution Channel: The facility consisting of the necessary equipment and local telephone company lines which are required to interconnect the Customer's or authorized user's premises to a Company Service Point within the same local exchange area or extended service area.

 

Local Access Transport Area (LATA): A geographic area established for the provision and administration of communications service. It encompasses one or more designated exchanges, which are grouped to serve common social, economic and other purposes.

 

Local Calling Area: Denotes a geographic area in which a Local Exchange Company end user may complete a call without incurring long distance charges.

 

Local Exchange Area: The term “Local Exchange Area” denotes a unit established by the Company for the administration of communications services in a specified area which usually embraces a city, town, or village and its environs. Specific definitions of the Company local exchange areas are available upon request.

 

Local Exchange Carrier (LEC): A company which provides telecommunications service within a local exchange LATA.

 

Local Time: The time observed, standard or daylight savings, at the rate center associated with the originating point of the call.

 

Measured Charge: A charge assessed on a per minute basis in calculating a portion of the charges due for a completed Operator Assisted, Direct Dial Call, Credit Card or Third Party Call.

 

Measured Service: The provision of intrastate long distance measured time communications telephone service to Customers who access the Company's service at its switching and call processing equipment by means of access facilities obtained from a local exchange carrier. The Company is responsible for arranging for the access line.

 

 

 

 

2.    DEFINITIONS (Cont'd)

 

Mileage Rate Band: Mileage interval used to establish rates for the Company services.

 

Minimum Average Time Requirements (MATR): A generic term indicating a specified period of time, used in the determination of usage charges, which represents the minimum average duration of calls completed during a billing period.

 

Modem: A device which modulates and/or demodulates signals for proper transmission via dedicated or switched facilities.

 

Multiple Channel Service: Is a service offering whereby a Customer may order more than one leased channel where the line haul mileage of the channels falls within the same mileage rate band.

 

Normal Business Hours: Normal business hours are represented by the period between 8:00 a.m. and 5:00 p.m., Monday through Friday, excluding holidays.

 

Operator Assisted Call: An interstate telephone connection completed through the use of Operator Services.

 

Operator Service Charge: A non-measured (fixed) surcharge which is added to a measured charge in calculating the total tariff charges due for a completed Operator Assisted Call.

 

Operator Services: Any telecommunications service that includes, as a component, any automated or live assistance afforded to a consumer to arrange for the billing and/or completion of a telephone call that is specified by the user through a method other than:

 

·         Automatic completion with billing to the telephone from which the call originated;

·         Completion through an access code or a proprietary account number used by the consumer, with billing to an account previously established with the carrier by the consumer; or

·         Completion in association with directory assistance services.

 

Other Communications Common Carrier: A government regulated entity offering communications services to the public.

 

Point of Presence: Locations where the Company maintains through its own facilities or through arrangements with other carriers an operations center for purposes of providing long distance service.

 

Premises: All buildings occupied by the Customer and/or its authorized user on a contiguous property (except railroad right of way, etc.) not intersected by a public road.

 

 

 

 

2.    DEFINITIONS (Cont'd)

 

Presubscribed Provider of Operator Services: The provider of Operator Services to which the Consumer is connected when the Consumer places a call using a provider of Operator Services without dialing an access code.

 

Responsible Organization (Resp. Org.): The carrier entity that has responsibility for the management of 800 numbers in the Service Management System (SMS) including maintaining Customer records in the SMS system. Also, the entity which accesses the SMS to: a) search for and reserve 800 numbers; b) create and maintain 800 number Customer records, including call processing records; and c) provide a single point of contact for trouble reporting. The SMS recognizes one Resp. Org. for each 800 number.

 

Service: Service means any or all service(s) provided pursuant to this tariff.

 

Service Control Point (SCP): The real-time data base system in the service network that contains instructions on how Customers wish their calls to be routed, terminated or otherwise processed.

 

Service Points: Those cities from which the Company makes its services available to its customers.

 

Special Access Line (SAL): A dedicated Analog DAL or Digital T-1 Access Line(s) directly connecting Customer's telephone equipment without using the Local Exchange Carrier's switching equipment.

 

Special Promotional Offering: Special discounts or modifications of the Company's regular service offerings which may, from time to time, be offered to its Customers for a particular service. Such offerings may be limited to certain dates, times, and locations.

 

Special Services: Denotes service provided and performed by the Company involving special engineering, design, programming, development or production activities to provide services requested by a Customer to meet special needs not otherwise provided under this tariff.

 

Station: Any location from which a message can be originated or received.

 

Station-to-Station Call: A call placed to a telephone number, with the understanding that the caller will speak to any person who answers the called number.

 

Subscriber: A person or other entity that selects a telecommunications company to be the Presubscribed Provider of Operator Services for one or more locations within that person or entity's control.

 

Subscription Agreement: A standard form which includes all pertinent billing, technical, and other descriptive information which will enable the Company to provide the long distance service required.

 

 

2.    DEFINITIONS (Cont'd)

 

Switch: A local telephone company switching system where telephone exchange service customer station loops are terminated for purposes of interconnection to each other and to trunks through electronic services which are used to provide circuit routing and control.

 

Switched Access Service: Provides the ability to originate and terminate calls between two end user's premises over facilities of the telephone company.

 

Telecommunications: The transmission of voice communications or, subject to the transmission capabilities of the service, the transmission of data, facsimile, signaling, metering, or any other form of intelligence over dedicated or switched facilities.

 

Terminal Equipment: Devices, apparatus, and their associated wiring such as teleprinters, telephone hand sets, or data sets used for origination or termination of telecommunications services.

 

Third Party Call: A call for which charges are billed, not to the originating telephone number, but to a third party telephone number which is neither the originating nor the terminating telephone number.

 

Vertical Features: Services such as call validation, “Plain Old Telephone Service” (POTS) number translation, and provision of statistical information on the Customer's 800 traffic, which may be obtained by the Company from Local Exchange Company’s access tariffs on behalf of 800 Service Customer for which the Company serves as Resp. Org.

 

Voice-Grade Channel: Denotes a communications channel with a nominal bandwidth of 4,000 hertz.

 

Weekday: One of the normal business days of the week Monday through Friday, excluding Holidays and Weekend periods.

 

Weekend: The period from 11 p.m. Friday to, but not including 8 a.m. Monday.

 

WATS: Wide Area Telecommunications Service.

 

 

 

 


 

3.    GENERAL RULES AND REGULATIONS

 

3.1   UNDERTAKING OF THE COMPANY

 

3.1.1   General

 

3.1.1.1 The services furnished herein are for the transmission and reception of voice, data and other types of communications services provided pursuant to this tariff may be utilized only for the transmission of communications by Customers consistent with the terms of this tariff, and the rules and regulations of the Federal Communications Commission.

 

3.1.1.2 Subject to unavoidable network interruptions, the Company shall endeavor to provide services and facilities 24 hours a day, 7 days a week.

 

3.1.2 Availability

 

3.1.2.1 Service is offered subject to the availability of the necessary facilities and/or equipment of the Company and/or the local exchange carrier serving the Customer. The Company reserves the right to provide services to and from locations where the necessary facilities and/or equipment are available.

 

3.1.2.2 The Company reserves the right to suspend service or delay service installation until sufficient network facilities are available to meet the anticipated traffic demand, or terminate a service request with a full refund of any charges billed to the Customer if satisfactory arrangements cannot be concluded within what the Company determines to be a reasonable amount of time.

 

      3.2   USE OF SERVICE

 

3.2.1 Services furnished by the Company may not be used for any unlawful purpose.

 

3.2.2 No restrictions apply on sharing or resale of services. The Customer remains liable for all obligations under this tariff notwithstanding such sharing or resale and regardless of the Company's knowledge of same.

 

3.2.3 Use of the services herein in a manner that could interfere with the services provided to other Customers, or harm the facilities of the Company or others is prohibited.

 

3.2.4 In the event that the Company determines, based upon its sole judgment, that there is fraudulent use of either the services furnished by the Company or the Company's network, the Company will without liability to the Customer discontinue service and/or seek legal recourse to recover from the Customer all costs involved in enforcement of this provision.

 

 

3.    GENERAL RULES AND REGULATIONS (Cont'd)

 

      3.2   USE OF SERVICE (Cont'd)

 

3.2.4.1 Service may be discontinued by the Company, without notice to the Customer, by blocking traffic to or from certain cities, or exchanges, or by blocking calls using certain Customer authorization codes, such as calling card codes, which the Company deems, in its sole judgment, is necessary to take such action to prevent unlawful use of its services. The Company will restore service as soon as it can be provided without undue risk.

 

3.2.4.2 Without incurring any liability, the Company may discontinue the furnishing of service(s) to a Customer immediately and without notice if the Company deems, in its sole judgment, that such action is necessary to prevent or protect against fraud or to otherwise protect its personnel, agents, facilities or services.

 

3.2.5 The Company may, but is not required to, advise the Customer of abnormal calling patterns or other possible unauthorized use of facilities or calling cards assigned to the Customer. Additionally, the Company may, but is not required to, block calls on authorization codes which the Company believes to be unauthorized or fraudulent.

 

3.2.6 If a Customer utilizes a dedicated access line between the Customer's premises and the Company's service office for the origination or termination of calls, the Customer is responsible for payment of all charges for usage over that access line, including any usage which may be fraudulent or unauthorized.

 

3.2.7 The use and restoration of service shall be in accordance with Part 64, Subpart D of the Federal Communications Commission's Rules.

 

3.2.8 With the use of the Company authorization codes, the Customer agrees to pay the Company all charges incurred as a result of any delegation of authority whether authorized or unauthorized resulting in the use of its Company authorization codes.

 


 

3.    GENERAL RULES AND REGULATIONS (Cont'd)

 

      3.3   OBLIGATIONS OF THE COMPANY

 

3.3.1 Liability

 

Except as provided in this Section, the Company's sole liability for any claim, loss, expense or damages of any kind, whether direct, indirect, special or consequential, arising from, or in any way attributable to, acts or omissions of the Company relating to the installation, provision, termination, maintenance, repair, restoration, or billing of any service, feature or option available under this tariff shall not exceed an amount equal to the monthly recurring charge to the Customer for one (1) month, if any, or as otherwise set forth in the outage credit provisions of this tariff, provided, however, that:

 

3.3.1.1 The Company's liability for its willful misconduct is not limited by this tariff.

 

3.3.1.2 The Company is not liable for any failure of facilities or performance of services due to causes beyond its control, including, but not limited to, civil disorder, fire, flood, storm or other natural or man-made disasters or elements, labor problems or regulations issued by or action taken by any government agency having jurisdiction over the Company or its services or equipment.

 

3.3.1.3 The Company shall have no liability to any person or entity other than its Customer.

 

3.3.1.4 The Company shall not be liable for, and shall be fully indemnified and held harmless by the Customer against the following:

 

a. Any claim, loss, expense or damage (including, but not limited to, reasonable attorney's fees and expenses) for engaging in a criminal enterprise, defamation, liable, slander, invasion of privacy, infringement of copyright or patent, arising from, or in connection with, the material, data, information, or other content transmitted over the services or facilities furnished by the Company.

 

b. Any claim, loss, expense or damage (including, but not limited to, reasonable attorney's fees and expenses) for any act or omission of the Customer or its agents and contractors, or due to the failure of Customer provided equipment, facilities, systems or services.

 

 

 

 

 

 

 

3.    GENERAL RULES AND REGULATIONS (Cont'd)

 

      3.3   OBLIGATIONS OF THE COMPANY (Cont'd)

 

3.3.1 Liability (Cont'd)

 

c. Any claim, loss, expense or damage (including, but not limited to, reasonable attorney's fees and expenses) for personal injury or death of any person caused directly or indirectly by the installation, maintenance, location, condition, operation, failure, presence, use or removal of equipment or wiring provided by the Company, if not caused by negligence of the Company; and/or

 

d. Any use by the Customer of the Company's products or services which use has been restricted or limited by action of a government agency having jurisdiction over the Customer, the Company or its products or services.

 

3.3.1.5 All or a portion of the service provided pursuant to this tariff may be provided over facilities of third parties, and the Company shall not be liable to the Customer or any other person, firm or entity in any respect whatsoever arising out of errors or defects caused by such third parties.

 

3.3.1.6 Where any claim arises out of the Company acting as a Resp. Org. or where the Company's services are not made available on the date committed to the Customer, or cannot otherwise be made available after the Company's acceptance of the Customer's order, or is provided with a number(s) other than the one(s) committed by the Company to the Customer, or the number(s) is not included in the Directory Assistance or is included in an incorrect form, or Vertical Features are not obtained or are obtained in error, and any such failure(s) is due solely to the negligence of the Company, in such case the Company's liability, if any, is limited to the lesser of (a) the actual monetary damages incurred and proved by the Customer as the direct result of such failure(s), or (b) the sum of $1,000.00.

 

3.3.1.7 The Company shall not be liable for the use, misuse or abuse of a Customer's service by third parties, including, without limitation, the Customer's employees or members of the public who dial the Customer's telephone number in error. Compensation for any injury the Customer may suffer due to the fault of others must be sought from such other parties.

 

3.3.1.8 Not withstanding Section 3.3.1.5, in the event that the Company causes the misrouting of calls, the Company's sole liability shall be to provide a credit equal to the charges for the affected calls.

 

 

 

 

3.    GENERAL RULES AND REGULATIONS (Cont'd)

 

      3.3   OBLIGATIONS OF THE COMPANY (Cont'd)

 

3.3.1 Liability (Cont'd)

 

3.3.1.9 The Company reserves the right to immediately suspend or cancel without advance written notice and without any liability whatsoever, the provision of any service(s) to any Customer if the Company determines in its sole discretion that the Customer is using the service(s) to make or permit any telephone facility under such Customer's control to be used for any purpose or activity, including, but not limited to, any obscene, indecent or harassing purpose or activity, prohibited by Section 223 of the Communications Act of 1934, as amended, and 800 calls placed with the intent of gaining access to a Customer's outbound calling services without authorization from the Customer.

 

3.3.1.10 The Company is not liable for any damages, including toll usage charges, the Customer may incur as a result of the unauthorized use of its telephone facilities. This unauthorized use of the Customer's facilities includes, but is not limited to, the placement of calls from the Customer-provided equipment which are transmitted or carried on the Company network or the network over which its traffic is carried. The Company's customer service agents may work with Customers to recommend possible solutions to reduce unauthorized use of their facilities. However, the Company does not warrant or guarantee that its recommendations will prevent all unauthorized use, and the Customer is responsible for controlling access to, and use of, its own telephone facilities.

 

      3.4   OBLIGATIONS OF THE CUSTOMER

 

3.4.1 The Customer shall be responsible for damages to the Company's facilities or that of its network providers caused by the act or omission of the Customer, its authorized users, officers, directors, employees, agents, contractors, licensees or invitees or any person or entity who gains access to the service of the customer through the negligence of the customer.

 

3.4.2 The Customer shall provide access to the Customer's or authorized user's premises by the Company personnel for inspection, repair and/or removal of any facilities or equipment of the Company on an unrest