This document contains the terms and conditions of service for the current telephone product offerings of Midcontinent Communications (Midcontinent). These product offerings are referred to as the “Services.”
Some customers may receive service pursuant to a written contract with Midcontinent Communications. When such a written contract exists, any contract terms that are different from the general terms contained in this document shall govern the Services provided to the customer. Terms and conditions of service contained in this document which are not inconsistent with the written contract also shall apply.
Use of the interstate services of Midcontinent constitutes acceptance of the current version of the terms, and conditions as posted on Midcontinent Communication’s website (except for those terms and conditions governed by a written contract as set forth above). These terms and conditions of service may be modified from time to time in the sole discretion of Midcontinent Communications, consistent with applicable legal requirements. Continued use of Midcontinent services constitutes acceptance of the modified terms and conditions of service as posted.
Midcontinent’s services are provided subject to the availability of facilities and subject to the applicable terms and conditions. Services provided by Midcontinent may be connected with services or facilities of other carriers, or may be provided over facilities provided by carriers other than Midcontinent. Service provided by Midcontinent, however, is not a part of a joint undertaking with any other carrier providing telecommunications channels, facilities, or services.
Midcontinent Communications is committed to providing its customers with access to police, fire and rescue service through 911/E911, a service that automatically provides the address you have registered with Midcontinent Communications to your local 911 dispatcher when you call 911 and that permits your local dispatcher to call you back if necessary. The only address sent to the 911 dispatch center for all telephone numbers is the service address listed on the account. The customer will be responsible for directing any emergency personnel, related to a 911 call, to the correct building, room, location, or person in need of emergency assistance.
Midcontinent reserves the right to discontinue service when the Customer is using the service in violation of the provisions of the applicable terms and conditions, in an unlawful manner, or in violation of regulatory requirements. Midcontinent reserves the right to discontinue service without notice when it receives a threat of harm to the company, its equipment, or its employees.
Services may be used for any lawful purpose for which the service is technically suited consistent with the transmission and switching parameters of the telecommunications facilities utilized in the provision of the service. Midcontinent’s services are provided subject to the condition that they will not be used for any unlawful and/or fraudulent purpose. Services will not be furnished if any law enforcement agency, acting within its jurisdiction, advises Midcontinent that such services are being used or are likely to be used in violation of the law and/or in a fraudulent manner. If Midcontinent receives other evidence giving reasonable cause to believe that such services are being used or are likely to be used for unlawful and/or fraudulent purposes, it may discontinue or deny the services and/or refer the matter to the appropriate law enforcement agency in accordance with law.
No Customer shall use any service mark or trademark of Midcontinent Communications or refer to Midcontinent in connection with any product, equipment promotion, or publication of the Customer without the prior written consent of Midcontinent Communications.
MIDCONTINENT COMMUNICATIONS SHALL NOT BE LIABLE TO CUSTOMER FOR ANY INCIDENTAL, INDIRECT, SPECIAL OR CONSEQUENTIAL DAMAGES OF ANY KIND INCLUDING BUT NOT LIMITED TO ANY LOSS OF USE, LOSS OF BUSINESS, OR LOSS OF PROFIT. In no event shall Midcontinent be liable for the acts, omission, or delays imposed by third-party vendors to Midcontinent as long as Midcontinent has made reasonable efforts to obtain the necessary services on a timely basis. Any Midcontinent liability to Customer for any damages of any kind under this Agreement shall not exceed, in amount, a pro-rated share of the charges for the service involved; and these damages will apply only if there is a service interruption lasting at least 24 hours. Remedies under this provision are exclusive and limited to those expressly described herein. THERE ARE NO WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE.
Midcontinent will provide a customer’s correct name and telephone number to a calling party either upon request to or interception by Midcontinent in the event there is an error or omission in the customer’s directory listing. Midcontinent’s liability for any errors or omissions in any directory listings is limited to the charges made for the listing itself. Midcontinent shall not be liable to Customers or others for any incidental, indirect, special or consequential damages of any kind, including loss of use, loss of business, or loss of profit, arising from errors or omissions in directory listings.
Customer shall remain responsible for payment of calling card usage, irrespective of any actual or alleged unauthorized or fraudulent use. Midcontinent shall use reasonable efforts to obtain a credit from its carrier for all fraudulent or unauthorized usage. Midcontinent reserves the right to terminate Services for a user who uses the card for unauthorized purposes or otherwise misuses the Service, or where, in the carrier’s judgment, there is sufficient risk of fraudulent use.
Midcontinent shall not be liable for, and shall be fully indemnified and held harmless by, customers against any claim or loss, expense or damage, for defamation, libel, slander, invasion, infringement of copyright or patent, unauthorized use of any trademark, trade name, service mark, or proprietary or creative right, or any other injury to any person, property, or entity arising out of the material, data, or information transmitted.
Payments made after the due date, and not in dispute, are subject to forfeiture of Volume Discounts (where applicable). In addition, when the bill is over thirty (30) days in arrears from the due date, late payment charges may be assessed. A check service charge will be assessed if for any reason a check tendered to Midcontinent by a customer as payment is returned to Midcontinent or is not in an acceptable form. The check charge will be the maximum as allowed by the state. The same return charges also are applicable on payments made through Midcontinent’s online bill pay system (MyMidco).
A Customer also is liable for any legal fees incurred by Midcontinent in the process of collecting a past-due amount. The amount of these fees can be determined by the officers of a court if the proceedings are fully litigated. If the Customer acquiesces to Midcontinent’s demand for payment before a judgment is rendered, Midcontinent will bill the delinquent Customer for costs incurred to that point. The Customer is entitled to a statement of legal fees that are being assessed.
Any governmental assessments, fees, licenses, or other similar taxes or fees imposed upon Midcontinent shall be charged to Customers receiving Midcontinent’s service within the territorial limits of the governmental authority imposing such taxes and fees. Such taxes and fees will be allocated among such Customers uniformly on the basis of Customer monthly charges for the types of service made subject to the taxes or fees. Such taxes and fees will be separately stated on bills.
Inquiries, general questions, or complaints may be directed informally to Midcontinent by telephone, in person, or in writing at Midcontinent’s office located at 3901 N. Louise Ave, Sioux Falls, SD 57107. Business and Residential customers can reach Midcontinent’s Customer Service Department by dialing toll-free: 1-800-888-1300. Midcontinent’s Customer Service Department accepts calls on a twenty-four-hour-a-day basis. Complaints concerning the charges, practices, facilities, or services of Midcontinent will be investigated promptly and thoroughly. Midcontinent will keep records of each complainant showing the name and address of the complaint, the date and nature of the complaint, its disposition, and all other pertinent facts dealing with the complaint that will enable Midcontinent to review and analyze its procedures and actions. Customers may file with the state Public Utility Commission or Federal Communications Commission for resolution of disputes.
Prior to the disconnection of service, Midcontinent shall, to the extent feasible, provide a written notice to the Customer setting forth the reason for disconnection and the final date by which the account is to be settled or specific action taken. The notice shall be considered rendered when deposited in the U.S. Mail with postage prepaid. If delivery is by other than U.S. Mail, the notice shall be considered rendered when delivered to the last known address of the person responsible for payment for the service. The notice will specify (800) 888-1300 as a toll-free number at which a Midcontinent representative can be reached to provide additional information about the disconnection.
Service may be refused, disconnected, or suspended without notice if: (a) a condition on the Customer’s premises is determined by Midcontinent to be hazardous; (b) the Customer uses the service in such a manner as to adversely affect Midcontinent’s equipment or Midcontinent’s service to others; (c) equipment furnished, leased, or owned by Midcontinent is subject to tampering; (d) there is unauthorized use. Unauthorized use includes, without limitation, use or attempted use for an unlawful purpose and/or use or attempted use in any fraudulent manner.
All services are offered subject to availability, which may vary by geographic area and may depend on the availability of facilities owned by or leased to Midcontinent. Some services are not available in all areas.
Third Party Applications and Services: Certain third party applications and services that use telephone lines do not conform to telephone industry standards. For that reason, Midcontinent is not responsible for compatibility of third party applications and services with Midcontinent telephone products.
Items 21 through 22 apply only to Midcontinent Digital Phone Service.
Through our Digital Phone Service, Midcontinent Communications is committed to providing its customers with access to police, fire and rescue services through 911/E911, a service that automatically provides the address you have registered with Midcontinent Communications to your local 911 dispatcher when you call 911 and that permits your local dispatcher to call you back if necessary. Midcontinent has engineered its service to comply with the telephone industry standards for reliability and access to 911. This includes backup power for our telephone network and monitoring to provide additional backup for longer outages. As with any other phone service provider, Midcontinent Digital Phone Service, including 911 calls and E911 service, will be unavailable if the lines between your home and the network switch are disabled due to a catastrophic condition, such as a storm, and E911 service may be unavailable due to problems at the government’s call center that are outside Midcontinent’s control. Our current telephone modem includes a battery backup that is designed to ensure that the unit will continue to work during a power outage, in accordance with telephone industry standards. As long as this battery backup unit is charged and functioning, your Midcontinent Digital Phone service will continue to work, but you may not be able to make calls, including 911 calls, if there is a power outage for an extended period of time. If the modem for your digital phone service does not have back-up batteries and you would like to have it exchanged for one that does, please call us.
With Midcontinent Digital Phone Service, your telephone modem is set up to provide service to the address you provided when you signed up for service, and will not work if you move it outside the local Midcontinent Digital Phone network. Please do not move this equipment to another location without first contacting Midcontinent Customer Service at 800-888-1300, or via email, so we can change the address to reflect the new location and ensure that the right information is provided if you have to call 911. Changes in your location information will not be available to E911 operators immediately because of limitations in the process for updating that information. If you move the telephone modem without informing Midcontinent, you may still be able to call 911 but E911 service will not work properly.
Customers agree that: (a) the Service provided by Midcontinent Communications will be utilized solely in accordance with all applicable laws. Midcontinent Communications reserves the right to terminate your Service immediately and without advance notice if Midcontinent Communications, in its sole discretion, believes that you have violated any law or in accordance with a court order or an order of any regulatory or law enforcement authority; (b) the Residential Service provided by Midcontinent Communications will be utilized solely for Customer’s personal, residential, non-commercial use. Customer shall not use the Service for any commercial or governmental activities, profit or non-profit, including but not limited to home office, business, call center services, sales, telecommuting, transcription, telemarketing, autodialing, continuous or extensive call forwarding, fax broadcast, fax blasting or any other activity that would be inconsistent with normal residential usage patterns. If a Residential Customer exceeds 5,000 minutes of toll usage in any month, the Residential Customer shall be presumed to be in violation of the applicable restrictions and it shall be the responsibility of the Residential Customer to demonstrate to the Company that the usage was not a violation of any of the restrictions. Customer shall not resell or redistribute (whether for a fee or otherwise) the Service, or any portion thereof, or otherwise charge others to use the Service, or any portion thereof. Customer agrees that if Customer uses of the Service for any prohibited commercial or governmental purpose, Customer will pay any applicable higher rates for such use during all past periods; and (c) Customer will adhere to any Midcontinent Communications policies, rules and regulations related to the Service. Customer acknowledges that Midcontinent Communications may adopt or change such policies, rules and regulations at any time. Midcontinent Communications reserves the right to disconnect Service without notice (except as required by applicable law) for any prohibited transmissions or uses and to terminate the Service in the event of a violation of the foregoing use restrictions or in the event of an excessive number of calls during a fixed period, heavy usage during business hours, heavy usage concentrated over consecutive dates, or usage that may be deemed to be business or commercial use. Customer minutes used may be monitored and the customer may be required to provide all relevant phone records to Midcontinent Communications if there are indications of usage abuse of this service in violation of the service agreement.
Inside Wiring: [Except as described in the terms of any separate inside wiring maintenance plan Customer may purchase,] Midcontinent Communications is not responsible for the operability or maintenance of any wiring between the telephone modem or network interface device, as applicable, and Customer’s telephone (‘inside wiring’), whether that wiring is owned by Customer or a third party. Customer will be charged for a service call and all applicable repair charges if Midcontinent Communications responds to a request for service and determines that the problem is caused by the inside wiring.
Midcontinent Communications will use its best efforts to comply with telephone regulations which establish guidelines for local exchange service interruptions for maintenance. Where reasonably possible, maintenance causing service interruption will be conducted at times which cause minimal inconvenience to customers. In all cases where service interruptions are planned and are likely to be extensive, Midcontinent Communications will make a reasonable effort to notify affected customers in advance.
If you have a local telephone service complaint you feel is not being resolved to your satisfaction you may contact your state public utility commission. In South Dakota you may call the Public Utility Commission (PUC) at 1-800-332-1782, in North Dakota call the Public Service Commission (PSC) at 1-701-328-2400, or in Minnesota call the Public Utility Commission (PUC) at 1-800-657-3782. For interstate services, you may contact the Consumer and Governmental Affairs Bureau of the Federal Communications Commission, 445 12th Street SW, Washington, D.C. 20554, 1-888-225-5322, TTY: 1-888-835-5322.