HCIS - Heartland Communications Internet Services

Company

Letter of Authorization

Heartland Communications Internet Service, Inc. / Aero Communications, LLC
1301 Broadway, Paducah, Kentucky 42001

Letter of Authorization

I (Customer) authorize and grant permission to Aero Communications, LLC (Aero/Heartland/or Company)to assume the telecommunications services on the phone number listed below. I agree to all Terms and Conditions and I also confirm that the address below is the physical address where the telephone number is located, as listed on my current phone bill.

Phone Number: ___________________________________________________________

Name:___________________________________________________________________________

Address:_________________________________________________________________________

City:____________________________________________________________________________

State/Zip:_______________________________________________________________

Print Name: _____________________________________________________________

Signature: _______________________________________________________________________ Date: ____________

Terms & Conditions of Service
This agreement ("Agreement") provides Customer with guidelines for using our Local Phone services, as well as our Intrastate, Interstate and International long distance Services. PLEASE READ THESE TERMS AND CONDITIONS CAREFULLY AND RETAIN THIS DOCUMENT FOR YOUR FUTURE REFERENCE. PLEASE STORE THIS AGREEMENT WITH YOUR IMPORTANT DOCUMENTS.
This Agreement, together with the current rates and restrictions applicable to Customers calling plan, governs the relationship between Customer and Aero Communications and explains all respective legal rights concerning all aspects of the party’s relationship, including:

Billing and charges
Starting and ending of service
Privacy and confidentiality
Early termination fees
Limitations of liability and warranties
Resolution of disputes by arbitration instead of court proceedings and class actions

By enrolling in, or subscribing to these Service(s), as defined herein, Customer agrees to abide by the rates, charges and general terms and conditions of this Agreement. If Customer is an existing customer, Customers continued use, payment for, enrollment or subscription to these Services represents Customers acceptance of these terms and conditions of service.

Rate Guarantee: Aero reserves the right to increase Customer's rates for Services during the term of this Agreement, and will also make available to Customer any new low rates that are introduced. Aero will not increase rates without prior notice and will advise when and if any new rates plans become available thru the web home page or by calling and requesting the latest rates available.

Scope of Agreement: Aero agrees to provide the services specified Services to Customer for the agreed upon term at the agreed upon rates as indicated on the Exhibit A (Service Agreement), subject to the Terms and Conditions of this Agreement. Aero Services are further subject to tariffs filed with the state public utility commission. In the event of any conflict between this Agreement and the tariffs, the tariffs shall prevail.
General Limitations: Aero Services may not be resold, used for telemarketing, outbound call center, or similar enterprise; or used for connection to 900/976 based or other information or entertainment services. Customer may not aggregate traffic or calls originating on facilities provided by any other carrier. The Aero "Complete Plan" offering is exclusively available to Customers whose telephone lines have been solely provisioned by Aero "Complete Plan" lines, except that additional lines may be provisioned as "Preferred Plan" line. Customer also authorizes Aero to place a line freeze on the account for the line class of service and the PIC/LPIC. If Aero believes that customer is in breach of the foregoing requirements, service may be terminated without notice at Aero’s sole discretion. Customer acknowledges that Aero may discontinue, at Aero’s sole discretion, any product or service, at any time. Not withstanding the above, all pursuant to its tariffs and state public utility commission regulations.
Rates, Payments and Financial Responsibility: All charges for Services are due and payable one month in advance of services being rendered. Customer's services will be billed on a monthly basis, and any other charges will be billed as incurred, by means of a charge to Customer's designated credit card, debit card, or whatever means of payment has been approved by Aero for Customer. Postal Statements are sent monthly with a due date of the 1st of each month. If Customer has not made payment by the 1st day of the month for which services are rendered, payment is considered late. A new Customer that does not currently have phone service with another provider shall be required to pay a $99.00 fee, to be paid at time of the signing of the LOA, to activate the requested service at the customers location. Customer authorizes Aero to charge the designated account for services rendered, and Customer accepts liability for all charges. Customer shall be liable for all charges resulting from use of Services, including unauthorized use, and for any late charges and/or early termination charge. Charges undisputed within thirty calendar days of the applicable bill date shall be deemed valid and shall not be subject to further dispute. All charges, whether disputed or otherwise, not paid on or before the 1st day of each calendar month shall be deemed an Unpaid Charge and create a Past Due Balance. Aero Communications, LLC may assess a late fee of up to one and one half percent (1.5%) per month for any unpaid balances, suspend provision of Services, cancel or terminate this Agreement, or impose any penalty, including, but not limited to, an administrative charge of up to $25.00, consistent with applicable law, for each event of an Unpaid Charge or Past Due Balance.
Customer agrees to pay for services at the prices and charges listed in information that has been provided with this agreement or separately. Customer also agrees to pay, if applicable any connection charges, usage charges, as well as pay all taxes, surcharges, assessments and other fees that are related to the service and included on your invoice or bill. Taxes and government surcharges will be in the amounts that Federal, Stare and Local Authorities require or permit for billing to you.

Long Distance Allotments: Aero service offerings may include an "allotment" of long distance usage, measured in minutes per month, each call measured with a per second billing increment.
Term Commitments: All Services provided are subject to a term commitment of one year, after which this agreement will continue on a month-to-month basis. If Customer terminates Service subject to a term commitment, Customer shall incur an early termination charge equal to 60% of the monthly service rates multiplied by the number of months remaining in the term, as well as any other costs incurred by Aero from a third party, for such termination.
Default: Customer shall be in default of this Agreement if: (a) Customer fails to timely pay any amount due hereunder or (b) Customer uses any Services for any unlawful or unintended purpose or (c) uses any Services in a manner that adversely affects Aero Services or ability to serve other Customers. In the event of default, Aero, may at its sole discretion, immediately suspend, cancel, or terminate this Agreement and all associated service pertaining to it. Customer shall remain liable for charges accrued through the date of termination, plus all applicable early termination penalties as described above.
Limitation of Liability and Indemnification: AERO

SHALL NOT BE LIABLE TO CUSTOMER WHATSOEVER FOR ANY DIRECT, INDIRECT, INCIDENTAL, CONSEQUENTIAL, PUNITIVE, OR SPECIAL DAMAGES, INCLUDING, WITHOUT LIMITATION, LOSS OF PROFIT, LOSS OF REVENUE, OR LOSS OF BUSINESS SUFFERED BY CUSTOMER, ITS ASSIGNEE OR OTHER TRANSFEREE (WHETHER IN CONNECTION WITH THE FURNISHING OF SERVICES HEREUNDER; OR FAILURE TO COMPLY WITH A DIRECTION TO INSTALL, RESTORE OR TERMINATE SERVICES HEREUNDER; OR FOR FAILURES, MISTAKES, OMISSIONS, INTERRUPTIONS, DELAYS, ERRORS, DEFECTS OR THE LIKE OCCURRING IN THE COURSE OF FURNISHING ANY SERVICES HEREUNDER OR OTHERWISE). THIS PROVISION APPLIES EVEN IF AERO COMMUNICATIONS, LLC IS INFORMED IN ADVANCE OF THE POSSIBILITY OF SUCH DAMAGES. AERO COMMUNICATIONS, LLC SHALL ALSO NOT BE LIABLE FOR ANY LOSS OF DATA RESULTING FROM UPDATES MADE TO THE SYSTEMS, DELAYS, NONDELIVERIES, MISDELIVERIES OR SERVICE INTERRUPTIONS OR FOR ANY DELAY, FAILURE OF PERFORMANCE OR INTERRUPTION OF THE PROVISION OF THE SERVICES TO CUSTOMER. AERO COMMUNICATIONS, LLC SHALL NOT BE LIABLE FOR ANY FAILURE OF PERFORMANCE OF ANY OF ITS OBLIGATIONS HEREUNDER DUE TO ANY CAUSE BEYOND AERO CONTROL. AERO COMMUNICATIONS, LLC SHALL NOT BE LIABLE FOR ANY ACT OR OMISSION OF ANY OTHER ENTITY FURNISHING A PORTION OF ANY SERVICE OFFERED HEREUNDER. CUSTOMER SHALL HOLD AERO COMMUNICATIONS; LLC, AND ITS OFFICERS, DIRECTORS, EMPLOYEES, SHAREHOLDERS, AGENTS, CONTRACTORS AND SUBCONTRACTORS HARMLESS FROM ANY LOSSES, DAMAGES, CLAIMS, LIABILITIES AND EXPENSES RELATED TO USE OF SERVICES. AERO SOLE LIABILITY TO CUSTOMER, AND CUSTOMER'S SOLE REMEDY FOR ANY BREACH OF THIS AGREEMENT OR ANY INTERRUPTION OR FAILURE OF SERVICE, SHALL BE A CREDIT OF SUCH CHARGES FOR SERVICE AS WOULD HAVE ACCRUED BUT FOR SUCH INTERRUPTION OR FAILURE.

No Representations or Warranties: AERO PROVIDES THE SERVICES "AS IS," WITHOUT ANY REPRESENTATIONS OR WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED (INCLUDING WITH RESPECT TO THE DESCRIPTION OR COMPLETENESS OF ANY SERVICES PROVIDED HEREUNDER). AERO DISCLAIMS ALL IMPLIED WARRANTIES, INCLUDING, WITHOUT LIMITATION, IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE, OR ANY WARRANTY ARISING OUT OF USAGE OF TRADE, COURSE OF DEALING OR COURSE OF PERFORMANCE. CUSTOMER SHALL BE SOLELY RESPONSIBLE FOR THE SELECTION, USE AND SUITABILITY OF THE SERVICES AND AERO SHALL HAVE NO LIABILITY THEREFOR. ALTHOUGH AERO WILL, IN ALLCASES, ATTEMPT TOP PROVIDE THE QUALITY EXPECTATION OF CUSTOMER, AERO NEITHER REPRESENTS NOR WARRANTS THAT THE SERVICES WILL BE UNINTERRUPTED OR ERROR-FREE.
Customer's Liability under Pre-existing Plans: Customer shall be solely responsible for settling any unpaid or disputed charges for services provided by Customer's previous carrier or carriers. In no event shall Aero be responsible for reimbursing Customer for any charges resulting from customer's early termination of any contracted plan or agreement with former carriers or other service providers.
Entire Agreement: The terms and conditions contained in this Agreement and any applicable tariffs constitute the entire Agreement between Customer and Aero and supersedes any and all prior understandings or communications, oral or written.
Governing Law: Aero and Customer agree to comply with all applicable laws, rules and regulations, ordinances, orders, and decrees in performing this Agreement. Customer may be subject to refusal, suspension or cancellation of Service, without prior notice, in order to permit Aero to comply with any order or request of any governmental authority having jurisdiction. Any equipment or services that Customer provides and which connects with and/or interconnects with Aero’s service and equipment must comply with federal and state laws and regulations. This Agreement will be construed in accordance with, governed by, and subject to the domestic laws of the Commonwealth of Kentucky. Federal Communications Commission/State Courts: Where Aero’s Service terms and conditions are regulated by a state agency or the Federal Communications Commission; and if there is any inconsistency between this Agreement and those regulations, those regulations shall govern and this Agreement shall survive and be deemed amended as necessary to conform to such regulations. To the extent this Agreement is not subject to FCC or state regulations, Customer agrees that this Agreement and the relationship between Aero and Customer are governed by the laws of the Commonwealth of Kentucky. Customer hereby agrees to the exclusive jurisdiction of the Kentucky Commonwealth and federal courts in any action, suit or proceeding and waives jury trial.

Miscellaneous: Aero may freely assign this Agreement, subject to state public utility commission or FCC requirements. Customer agrees to obtain Aero's prior written consent prior to transfer of Customer's responsibilities under this Agreement to any other party, but such request will not be unreasonably withheld. The failure of either party to insist upon the strict compliance with any terms or conditions of this Agreement shall not be construed as a waiver of any subsequent breach. No provision of this Agreement that may be unenforceable shall invalidate any other provision or provisions. This Agreement insures to the benefit of Aero and Customer only, and no third party has any rights hereunder.

Availability/Interruption: Aero does not warrant or represent that the Service will operate without interruption or that it will operate continuously. Credits for service interruptions will not be given for causes outside of Aero’s control or lasting less than 48 hours from time of reported interruption. The Services offered by Aero are subject to facilities and equipment being available from other carriers. This may involve the routing of said service affecting delivery over a temporality but undetermined period. The temporary interruption may include performing tests and inspections for operational or emergency reasons, to install equipment, gather information deemed necessary for agencies of the government, or concerning the quality of the Service we provide. If we must interrupt Service for any of these reasons, we will endeavor, using reasonable means, to restore it as quickly as the underlying reasons or issue is resolved without any promise as to when we will be able to restore service; however, we do reserve the right to disconnect or limit Service when it is necessary or when we must comply with laws or regulations or if you are using the Service in violation of any provisions of this Agreement or the law, in Aero’s sole discretion. Service is subject to transmission limitation or interruption caused by weather, terrain, obstructions such as trees or buildings, and other conditions beyond the control of Aero. This is inclusive of modifications for improved performance or to combat malicious attacks against the network. Service may be limited in some areas where coverage is not available or may be temporarily limited or interrupted due to system limitations and/or repairs. Interruption may also result from non-payment of charges by you. At which time penalties and or any fees associated to return service back to a full and active state will be added to account payment being due at time of reactivation.

Fraud: Aero may choose to block calls to certain numbers if, in Aero’s sole discretion, are experiencing excessive billing, collection or fraud problems with calls to those numbers. If Service is interrupted for at least 24 hours and neither Customer nor someone Customer authorized to use the Service helped cause the interruption, a credit not to exceed the amount of our service charges during the affected period will be made to Customer account for the time Service was interrupted, if requested by Customer. If, based on Aero’s records and Customer documentation, Aero determines that Customer is entitled to a credit, the credit will be provided on a subsequent bill rendered after Aero’s determination has been made.

Unauthorized Usage: If Customer Service is fraudulently used, Customer must immediately notify Aero and provide the documentation and information requested by Aero (including affidavits and police reports), before such investigative activity will commence by Aero. Until Aero is notified, Customer will remain responsible for all charges made to Customer account. Customer agrees to cooperate with Aero in any fraud investigation and to use any fraud prevention measures prescribed by Aero. Failure to provide reasonable cooperation will result in Customer liability for all fraudulent usage.

Non-Payment: Upon non-payment of any sum due, or upon violation of any of the conditions governing the furnishing of service as provided in this Agreement, Aero may, without incurring any liability, temporarily discontinue the furnishing of Service to Customer. A Service restoration charge will apply. If we elect to discontinue service, Customer shall be responsible for all charges through the date of termination. In the event service is temporarily suspended for non-payment, such service will be restored upon payment of all charges due. If Customer is subject to any proceeding under the Bankruptcy Act or similar laws, Customer will be in default and Aero may, without notice to Customer, suspend Service and/or terminate this Agreement, in addition to all other remedies available to Aero. If Services are suspended for lack of payment, any second occurrence, during the 12 months after Services are restored from the first occurrence, Aero, in its sole discretion, may choose to suspend the Services or terminate this Agreement (or both) within 14 days after the second occurrence, and on a permanent basis. Customers, who have not re-established service within five (5) days of the first occurrence, and beginning on the first day of suspension, will be treated as a new Customer and appropriate non-recurring charges and customer deposits will apply. Despite temporary suspension of Service for non-payment or termination of Service, Customer is still responsible for payment on all amounts and charges that are owed under this Agreement, including any applicable cancellation fee(s).

Abuse/Illegal Activity: Aero maintains the rights to interrupt, restrict, suspend or terminate Service, without notice to Customer, if we suspect fraudulent, illegal or abusive activity. Examples of such abusive and/or illegal activity include, but are not limited to, using obscene language to annoy, harass, or threaten injury to the person or property of the person called or any member of his or her family; or actions that involved repeated calls without identifying the true identity to the person called, whether or not a conversation was had during the call; or the repeated placement of harassing calls to Aero or to any of Aero’s affiliated companies, including calls in which the caller uses abusive or threatening language. Examples of abusive and/or illegal activity include but are not limited to:
Furnishing false information to obtain Service; the use of the Service to transmit a message or locate a person or otherwise give or obtain information without payment of long distance charges; unusually high usage, or intentional uninterrupted connections or intentionally leaving the receiver off the hook for extended periods.
Aero also maintains the right to, interrupt, restrict or terminate the Service if Customer uses any equipment with the Service in violation of the law or in a manner which will adversely affect service to others or, if Customer breaches any representation to Aero or fails to perform any of the promises made in this Agreement. Aero may require payment of Service restoration charges to renew Service after termination or suspension.

DISPUTE RESOLUTION/BINDING ARBITRATION
IT IS IMPORTANT THAT CUSTOMER READ THIS ENTIRE SECTION CAREFULLY. THIS SECTION PROVIDES FOR RESOLUTION OF DISPUTES THROUGH FINAL AND BINDING ARBITRATION BEFORE A NEUTRAL ARBITRATOR INSTEAD OF IN A COURT BY A JUDGE OR JURY OR THROUGH CLASS ACTION. CUSTOMER SHALL CONTINUE TO HAVE CERTAIN RIGHTS TO OBTAIN RELIEF FROM A FEDERAL OR STATE REGULATORY AGENCY.

If Customer believes just cause for a dispute regarding service or billing, Customer should first call the Company's Customer Service for an initial attempt at resolving such dispute.
Before initiating or participating in any arbitration or other resolution proceeding concerning any aspect of this Agreement or regarding the Company's products or Services, Customer must notify Aero in writing of such dispute and give Aero at least 60 days (from the time first notifying Aero in writing) to resolve the dispute. The parties will attempt in good faith to resolve through negotiation any dispute, claim or controversy arising out of or relating to this agreement.
If Customer does not notify Aero in writing of a dispute with respect to Aero's charges, or application of taxes, within six (6) months from the date of the disputed invoice, such invoice will be deemed to be correct and binding on Customer.
If a dispute is not resolved by good faith negotiations, Customer maintains the right to take any dispute that qualifies, to small claims court rather than arbitration or a state or federal regulatory agency. All other disputes arising out of or related to this Agreement or the Aero’s products or services not resolved by good faith negotiations within sixty (60) days from the date of first notifying the Aero in writing, regardless as to whether the dispute is based in contract, tort, statute, fraud, misrepresentation, or any other legal or equitable theory, must be submitted for final and binding arbitration. The arbitrator will have no authority to award consequential, incidental, punitive, or exemplary damages and both Customer and Aero expressly waive their rights to any such damages. To the extent such damages may not be so waived, if an arbitrator decides to award such damages they shall be limited to the total amount of service charges between the Parties. Unless applicable substantive law provides otherwise, each party shall pays its own expenses to participate in the arbitration, including attorney's fees and expenses for witnesses and production and presentation of evidence.
The procedures set forth in this Dispute Resolution section are governed by the United States Arbitration Act, 9 U.S.C. Sections 1-16 et seq. ("USAA"). The arbitrator will determine any controversy over whether an issue is arbitral. The award may be confirmed and enforced in any court of competent jurisdiction. All post-award proceedings will be governed by the USAA.
EACH DISPUTE WILL BE DECIDED ON AN INDIVIDUAL CASE BASIS AND WILL NOT BE CONSOLIDATED IN ANY ACTION WITH THE DISPUTES OR CLAIMS OF OTHER CONSUMERS OR CUSTOMERS. CUSTOMER AGREES THAT CUSTOMER MAY NOT BRING ANY DISPUTE OR CLAIM AS A CLASS ACTION OR AS A PRIVATE ATTORNEY GENERAL, AND CUSTOMER AGREES NOT TO ACT AS A CLASS REPRESENTATIVE OR PARTICIPATE AS A MEMBER OF A CLASS OF CLAIMANTS WITH RESPECT TO ANY DISPUTE OR CLAIM RELATING TO THIS AGREEMENT OR THE SERVICES PROVIDED BY THE COMPANY.
Any dispute or claim arising out of or relating to this Agreement or the services provided by Aero must be brought up within six (6) months after the date in which the basis for the dispute or claim first arises.
If any portion of this Dispute Resolution section is determined by a court to be inapplicable or invalid, then the remainder will still be fully effective and enforceable.

Changes to this Agreement
Aero may, at its sole discretion, amend this Agreement, including provisions regarding the use of its Services, products, equipment, or Service Plans, charges and prices at any time. Customer has the option to change Services or features at any time by notifying Aero, and Customer may take advantage of promotions for which Customer qualifies, provided that Customer complies with any requirements of the change or the promotion, including, where applicable, extending the term of this Agreement. If Aero allows Customer to suspend Customers account for a temporary period, Aero may extend the term of this Agreement by the length of the temporary suspension. No substantive changes (those that do not affect the terms or conditions of service, for example, the correction of typographical errors) and changes that do not adversely affect Customer may be made by Aero without notice to Customer.

Important Information about Customer Proprietary Network Information ("CPNI") Consent:
Under federal law, Customer has the right, and Aero has a duty, to protect the confidentiality of information about the amount, type and destination of Service usage (CPNI). Where permitted by law or regulation in this manner, Customer gives consent to sharing CPNI with Aero, its affiliates, agents and its independent contractors, to develop or bring to Customer’s attention, any products and Services or to help tailor and fit Aero’s products to meet the telecommunications needs of Customer, unless specifically stated otherwise. This consent survives the termination of Customer Services and is valid until removed either by law or otherwise stated by Customer in writing. To remove this consent now or at any time, Customer must notify Aero in writing at the address designated in this Agreement. Removing consent will not affect the operation of current Services.

Please see our Web site (www.hcis.net) for Details on our services, pricing, or concerning the following: