In addition to the terms and conditions for interstate long distance, which are incorporated herein by this reference, the following additional terms and conditions apply to Unlimited Interstate Long Distance:
The Southeast Nebraska Communications (“Company”) offers to its presubscribed residential Customers unlimited minutes of use interstate long distance service. To be eligible for this plan the Customer must subscribe and continue to subscribe to residential local exchange service, custom calling features, and intrastate and interstate long distance service from the Company.
The monthly fee for unlimited long distance service includes the monthly recurring charge applicable to the corollary interstate long distance calling plan.
In addition to the requirements listed above the Company’s offering of unlimited long distance is subject to each of the following additional restrictions.
This plan is specifically limited to calling made by the Customer at their residence and shall not be used in conjunction with any use outside of normal residential calling. This plan does not include charges incurred for calling card services, international calling, operator assisted calls, collect calls, calls to 900 numbers, directory assistance or operator services.
This plan shall not be used by or in conjunction with the following: auto dialers; fax machines, long distance internet access; call center applications; PBX trunks; ground start line or trunks; ISDN services; foreign exchange services; public telephone services; public access smart-pay phones; analog to digital conversion digital PBX services; WATS services; key telephone systems; predictive calling/dialing systems; automatic outbound dialing systems; any type of automatic call distribution system; and/or the functional equivalent of any such system listed above.
The Company notes that the restrictions on the use of the plan are by example only and shall not limit Company’s determination as provided for below where the Company reasonably determines that a violation has occurred based on the specific arrangement that the Customer may have that gives rise to this Company determination. Accordingly, the Company retains the right to monitor volume of the Customer’s usage to ensure that the Customer’s use of the plan is consistent with the restrictions provided for herein. If the Company determines that the Customer is in violation of any one of restrictions, the Customer shall forfeit eligibility for this plan and will be recharged for such minutes of use at the lowest non-optional call plan rate charged by the Company (plus any flat monthly recurring charge) for the billing cycles of the Company within which such violation has occurred. The Customer shall pay any such increased charges at the time that the rebilling by the Company occurs. Absent such payment, the Company retains the right to refuse to provide any service to the Customer.
If the Customer’s usage exceeds 2,000 minutes of use in any month for intrastate and interstate use, the Customer may, at the Company’s option, be presumed to be in violation of the applicable restrictions provided for herein. No waiver by the Company of any event by the Customer in the performance of requirement will operate or be construed as a waiver of any other or future use, default or defaults, whether of a like or of a different character. In the event that the Company notifies the Customer of the Company’s determination of a presumed violation of the restrictions herein, the Customer shall be required to demonstrate to the Company, in the Company’s sole discretion, that their use was not a violation of any such restriction.