Service Application

BILLING: Statements will be mailed to the subscriber within the first week of the month. Monthly charges will be billed one month in advance. Failure to receive a bill does not relieve the subscriber of the responsibility for payment. Employees are not allowed to accept payments outside the business office. LATE PAYMENT: In the event that payment is not received in full by 12 noon on the 20th day of the same month in which service is rendered, a late charge of $20.00 will be assessed. A reminder notice will be mailed to the subscriber. NON-PAYMENT: If the delinquent account is not paid by 12 noon on the 10th day of the month following the month in which service was rendered, all services will be suspended. For subscribers with dial tone, 911 and 611 (business office) will remain active. When the 10th falls on a Friday or a day the business office is closed, service will be suspended on the following business day. RESTORAL: Any account that is suspended for non-payment will be assessed a $28.00 restoral fee. Service will be restored during regular business hours after the account balance and restoral fee have been paid in full. NEW SUBSCRIBER: New subscribers will be required to sign the Prompt Payment Contract. Under the Prompt Payment Contract, payment is due in full by 12 noon on the 15th day of the same month in which service is rendered. Prompt Payment customers will not receive a reminder notice. In the event that payment is not received in full by 12 noon on the 15th day of the same month in which service is rendered, all services will be suspended. For subscribers with dial tone, 911 and 611 (business office) will remain active. When the 15th falls on a Friday or a day the business office is closed, service will be suspended on the following business day. Any account that is suspended for non-payment will be assessed a $28.00 restoral fee. Service will be restored during regular business hours after the account balance and restoral fee have been paid in full. The Prompt Payment Contract will be in effect for one year. If during the year service is suspended for non-payment, the contract will be extended until a satisfactory credit rating has been established. In lieu of the Prompt Payment Contract, subscribers may elect to enroll in the Automatic Payment Plan. NON-SUFFICIENT FUNDS: All checks returned for non-sufficient funds will be assessed a $30.00 surcharge, plus any applicable taxes. RECOVERY OF SUBSCRIBER DEBT TO THE COOP: The Company will collect any written off balances from the subscriber’s capital credit account. Subscribers will be assessed a 40% discount on their capital credit account when used for the recovery of a debt to the coop.

I agree to have my account paid in full by 12 noon on the 15th of the month in which service is rendered. I understand that if payment is not received in full by 12 noon on the 15th of the month in which service is rendered, all services will be suspended. When the 15th falls on a Friday or a day the business office is closed, service will be suspended on the following business day. I understand that if my account is suspended for non-payment, a $28.00 restoral fee will be assessed. Service will be restored during regular business hours after the account balance and restoral fee have been paid in full. I understand this agreement will be in effect for one year and if during the year service is suspended for non-payment, the contract will be extended until a satisfactory credit rating has been established.

Automatic Payment Plan subscribers will continue to receive a monthly bill. The deduction will occur on the 15th of the month. When the 15th falls on a day the business office is closed, the deduction will occur on the following business day. The Automatic Payment Plan will continue in effect until TrioTel receives notification of termination; subject to the file processing date. Any payment returned for non-sufficient funds will be assessed a $30.00 surcharge, and may result in removal from the Automatic Payment Plan.

I/We, the undersigned, a person(s), firm, association, limited liability company, partnership, corporation or body politic or subdivision thereof may become a member of TrioTel Communications, Inc. (hereinafter called the “Cooperative”) by complying with each of the following: Make this written application for membership and communication service; Agree to purchase from the Cooperative local telephone exchange service or broadband internet service and to pay promptly for such service(s) the Cooperatives established tariffs, rates and fees; Agree to comply with and be bound by the Articles of Incorporation and the Bylaws of the Cooperative and any rules and regulations adopted by the Board of Directors; and Agree that no member may hold more than one membership interest in the Cooperative, and no membership shall be transferable except as noted in the Bylaws.

I understand the telephone activation fee is $32.00 and includes the wiring of one jack.

Approximate per month for local telephone service with federal, state, city, and other regulatory fees.

I hereby authorize TrioTel to implement the long distance carrier of my choice for IntraLATA and InterLATA. I understand that it is my responsibility to contact the long distance provider chosen to set up billing information and an appropriate calling plan.

I understand the TrioVision activation fee is $99.00 and includes the wiring of one jack. A $25.00 charge will apply for each additional jack; including new jacks or existing jacks that require new wiring. TV’s must be in place. Additional set top box equipment is subject to a six month contract. Set Top Boxes, power supply cords and remotes are the property of TrioTel and must be returned when services are disconnected. When connecting to both TV and Internet, only one $99.00 installation/activation fee will apply, and only the wiring of one jack will be included.

Billing Terms: All monthly charges are to be paid in advance or at the time billed by TrioTel, and no portion of such monthly charges will be refundable unless for services rendered. TrioTel will provide subscribers with a statement for each billing cycle. Statements will reflect: payments, credits, purchases, and any other charges to the account for all services received, the amount owed to TrioTel, and the date the payment is due. Payment of an outstanding balance is due in full by the date due. If we do not receive payment in full by the date due on the billing statement, TrioTel has the right to deactivate all services. Subscribers should be advised that the first bill may be larger than normal, and may include: activation/installation fees, the previous month’s prorated monthly charges along with the current month’s charges, equipment purchases, costs for labor and materials during installation, plus any other charges or miscellaneous fees. Payment For Service: Subscriber agrees to pay for all TrioVision subscriptions, pay-per-view or video on demand purchases (as available), and other services required by this Agreement or which are ordered by the subscriber or anyone who uses the subscriber’s TrioVision system, whether with or without subscriber’s permission, through all periods until the subscription and other services are canceled. Subscriber is responsible for all pay-per-view or video on demand purchases and will not be issued credit for duplicate programming purchases, failure to record purchased programming, interruptions due to power outages or equipment failure, or any other instance in which the outage, interruption or error was beyond the reasonable control of TrioTel. It is the subscriber’s responsibility to maintain and enforce the pay-per-view, video on demand, and parental locks on the interactive program guide. TrioTel may, based on credit score or payment history, require a deposit or payment in advance for services, limit the services available, or take other action to secure subscriber obligation to TrioTel as a condition of subscribers continued receipt of services. Fees and Charges: In addition to the amounts due for TrioVision programming services, subscriber agrees to pay the following charges, if applicable, in the amounts stated, as amended from time to time: Activation/Installation Fee $99.00: Subscriber agrees to pay the Activation/Installation Fee prior to the activation/installation of TrioVision service. Additional charges may apply if subscriber requires an HPNA box or if subscriber requests extra Category 5 cable. A $5.00 programming fee may apply if subscriber changes premium movie channels and/or package plans. TV Jack Fee $25.00: TrioVision activation/installation includes the wiring of one TV jack. Subscriber agrees to pay the TV Jack Fee for each additional jack; including new jacks or existing jacks that require new wiring. If a set top box can be plugged into an existing jack and the TV works, no fee will apply. Vacation Fee $25.00: TrioVision service may be put on vacation for a minimum of three months. Subscriber agrees to pay the Vacation Fee when TrioVision service is restored. Late Payment Fee $20.00: Subscriber agrees to pay the Late Payment Fee if payment is not received by the date due on the billing statement. Subscribers on the Prompt Payment Plan will not receive a late notice, instead, services will be suspended if payment is not received by the date due on the billing statement. Restoral of Service Fee $28.00: Subscriber agrees to pay the Restoral of Service Fee if TrioVision programming service has been suspended and wishes service to be restored, in addition to bringing the account up to date by payment in full of any outstanding balances, fees, and charges. Returned Payment Fee $30.00: Subscriber agrees to pay the Returned Payment Fee if the bank or other financial institution on which payment is drawn refuses to pay TrioTel for any reason, and the check, money order, or any other instrument is returned to TrioTel unpaid. Equipment Agreement: Subscriber agrees that all equipment installed in or on the premises is the property of TrioTel; and will not deliberately alter, tamper with, or remove equipment; and will exercise reasonable care to prevent damage or loss of the equipment. If the equipment is tampered with, lost, stolen, or not returned, subscriber agrees to pay TrioTel for the repair or replacement of the equipment. If it is necessary for TrioTel to commence legal proceedings for the recovery of such damages, any amounts due under this Agreement or by law, or for the recovery of the TrioVision equipment, subscriber agrees to pay any unpaid balance due TrioTel, legal costs of collection, plus 1 1/2% interest per month. The purchase and replacement of remote batteries in the future will be the subscriber’s responsibility. If a remote is lost or damaged, replacement remotes can be purchased from TrioTel. TrioVision equipment is and shall remain the property of TrioTel. Upon termination of TrioVision service, the equipment must be returned to an authorized representative of TrioTel in proper undamaged condition within 72 hours. Subscriber agrees to return all equipment to the TrioTel Business Office located at 330 S. Nebraska St., Salem, SD, or will otherwise make arrangements for an authorized TrioTel representative to recover the TrioVision equipment from subscriber’s residence. In the event of a software upgrade, hardware failure, or factory restoral subscriber’s DVR set top box may lose any or all content recorded. TrioTel is not responsible for lost recordings, pay-per-view or video on demand purchases. Service limitations and restrictions may apply in certain areas. Pricing may vary and is subject to change.

Check all that apply.

I understand and agree that all equipment installed in or on the premises remains the property of TrioTel. I will not deliberately alter, tamper with, or remove equipment; I will exercise reasonable care to prevent damage or loss of the equipment. If the equipment is tampered with, lost, stolen, or not returned, I agree to pay TrioTel for the repair or replacement of the equipment. Upon termination of TrioTel’s Enhanced WIFI service, I agree to return the router and extender unit(s) in proper undamaged condition. I agree to pay a minimum of $199 for any unreturned equipment.

Customer hereby grants to TrioTel Communications, Inc. and its authorized agents or affiliates a non-exclusive worldwide license to host, copy, store, use, transmit, process and display Customer Data to the extent reasonably necessary to offer, provide, maintain and/or develop enhancements to the Enhanced WIFI service and the delivery of the Enhanced WIFI service. Any usage of Customer Data will be on an anonymous and/or aggregated basis, and TrioTel Communications, Inc. will not use Customer Data for any purpose other than (i) to provide and maintain the Enhanced WIFI service or in TrioTel Communications, Inc. published product and/or user documentation for such subscription services, (ii) in accordance with this Agreement and any order form for subscription services, (iii) as requested and instructed by Customer (iv) on an anonymous and/or aggregated basis to evaluate the data, including behavioral analytics and trends, to develop enhancements and improve the Enhanced WIFI service and the delivery of such subscription services, or (v) as required by law, regulation or legal process. Customer further grants TrioTel Communications, Inc. and its authorized agents or affiliates a worldwide, perpetual, irrevocable, royalty-free license to use and incorporate into the Enhanced WIFI service any suggestion, enhancement request or other feedback provided by Customer. 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 TrioTel services constitutes acceptance of these Terms and Conditions. A copy of this agreement will be provided to you upon request.

I understand the Internet activation fee is $99.00 and includes two labor hours for installation and the wiring of one jack. A $25.00 charge will apply for each additional jack; including new jacks or existing jacks that require new wiring. If the installation exceeds two labor hours, additional charges may apply. When connecting to both TV and Internet, only one $99.00 installation/activation fee will apply, and only the wiring of one jack will be included.

I understand the Internet activation fee is $99.00 and includes two labor hours for installation and the wiring of one jack. A $25.00 charge will apply for each additional jack; including new jacks or existing jacks that require new wiring. If the installation exceeds two labor hours, additional charges may apply. When connecting to both TV and Internet, only one $99.00 installation/activation fee will apply, and only the wiring of one jack will be included.

I understand the Internet activation fee is $99.00 and includes two labor hours for installation and the wiring of one jack. A $25.00 charge will apply for each additional jack; including new jacks or existing jacks that require new wiring. If the installation exceeds two labor hours, additional charges may apply. When connecting to both TV and Internet, only one $99.00 installation/activation fee will apply, and only the wiring of one jack will be included.

I understand the Internet activation fee is $99.00 and includes two labor hours for installation and the wiring of one jack. A $25.00 charge will apply for each additional jack; including new jacks or existing jacks that require new wiring. If the installation exceeds two labor hours, additional charges may apply. When connecting to both TV and Internet, only one $99.00 installation/activation fee will apply, and only the wiring of one jack will be included.

Sexually explicit material can be obtained over the Internet. TrioTel Communications, Inc. will not be responsible for any activity in which you, as the user, conduct in your Internet travels. Parents may want to obtain software that will disable this type of activity. Please read the TrioTel Internet terms and conditions of service: This agreement is between TrioTel Communications, Inc. (TrioTel), duly authorized and existing under the laws of the State of South Dakota with its office at 330 South Nebraska Street, PO Box 630, Salem, SD 57058, and the Customer. Service Warranties: You acknowledge and agree that this Service is provided, “as is”, “with all faults”, and “as available”. You further acknowledge and agree that TrioTel disclaims all warranties and representations of any kind, whether express, implied or statutory, including without limitations any warranties: (i) of merchantability, fitness for a particular purpose, non-infringement, workmanlike effort, quality, accuracy, timeliness, completeness, title, quiet enjoyment, no encumbrances, no liens, or system integration; or (ii) that access to or use of this service or any part thereof will be uninterrupted, error or defect free, free of viruses or other harmful code, or secure, or that problems will be corrected, even if TrioTel is on notice of such problems. You agree that there are no warranties that extend beyond the face of this agreement; no advice or information given by TrioTel or its employees shall create any warranty. The Internet contains a variety of materials and information that may be offensive to you. You agree that you assume full responsibility and risk for your use of this Service and the Internet, and that you are solely responsible for evaluating the suitability, appropriateness or legality of any informational content or other materials you may encounter online. TrioTel may, but needs not, provide screening of certain materials. Software products that enable screening of particular materials and information are commercially available and widely advertised in public media, including on the Internet. Acceptable Use: TrioTel service may only be used for lawful purposes. Materials and/or transmissions in violation of any local, state, or federal regulations are strictly prohibited. This prohibition includes, but is not limited to: 1. Material legally judged to be threatening, abusive, obscene, libelous, defamatory, or pornographic. 2. Transmitted or downloaded information, software or other material that is protected by copyright or other proprietary right without permission of the person owning that protected right. 3. Information transmitted through software that contains a virus, worm, Trojan Horse, SPAM, bulk email, or other harmful component. 4. Adding, removing, or modifying identifying network heading information (aka “spoofing”) in an effort to deceive or mislead. 5. Any impersonation of another person using forged headers or other improper identifying information or engaging in any activity which would compromise customer privacy or system security or gain access to any system or data without required permission (e.g. “hacking”) of the owner. You agree that you are fully responsible for your activities while using TrioTel service (including for any content, information and other materials you access or transmit via this Service), and that you shall bear all risks regarding use of this Service. You agree not to use this Service to engage in any prohibited conduct. Broadly stated, prohibited conduct is any conduct that is unlawful, infringing, tortious or that is harmful (or puts at risk) to TrioTel or any other party or property; that violates another party’s intellectual property, privacy or other rights; or that otherwise illegally interferes with the operation, use or enjoyment of any service, system or other property. By way of illustration and not limitation, prohibited conduct includes using this Service to: (i) intercept, divert or otherwise interfere with any communication, (ii) violate the security or integrity of, or gain unauthorized access to, this Service or any other service, system or communication; (ii) impose an unreasonable or disproportionately large load on any systems or infrastructure; (iii) send “spam”, chain letters, or other unsolicited communications to any party; (iv) create a “mail drop” for such communications, or engage or permit e-mall relay services (e.g., “open mail relay”); (v) “spoof” or otherwise impersonate any other party, falsely stating or otherwise misrepresenting your identity or affiliation in any way, or forge, delete or alter any part of TCPIP packet header or sender identification information in any communication; (vi) commit fraud; (vii) harass, or threaten any party, advocate or otherwise encourage violence against any government, organization, group, individual or property, or provide instruction, information, or assistance in causing or carrying out such violence; (viii) disseminate viruses, Trojan horses, or other code or programming intended to damage, interfere with, intercept or expropriate any system, data or personal information; (ix) send or receive any material that harasses or intimidates an individual or group of individuals on the basis of religion, race, ethnicity, sexual orientation, gender, age, or disability; (x) send or receive material containing defamatory, false, or libelous material; (xi) send or receive any material that infringes or violates any intellectual property or other right of any entity or person, including, without limitation, copyrights, patents, trademarks, laws governing trade secrets, rights to privacy, or publicity; (xii) send or receive any material that you do not have a right to make available under law or contractual or fiduciary relationships; (xiii) engage in conduct that would expose TrioTel or its service providers to civil or criminal liability; (xiv) assist others in engaging in prohibited conduct, or (xv) sell or otherwise transfer this Service to any user not located within the household unless granted explicit written permission from TrioTel. This list is not intended to be exhaustive. Consequences of Unauthorized Use: Without limiting any other available right or remedy, TrioTel reserves the right to, and you agree that TrioTel shall have the right, to: (i) take such actions as it deems, in its sole discretion, to be appropriate to protect against violations of this Agreement or abuse of this Service and to otherwise protect its interests (e.g., removing offending material, temporary or permanent filtering, blocking access, and suspending or terminating service), and (ii) investigate immediately and involve and cooperate with appropriate authorities regarding any illegal or unauthorized activities involving this Service. You agree that you will be liable to TrioTel for any damages incurred or amounts that are required to be paid by TrioTel that arise out of or are related to your violation of this Agreement, including, without limitation, damages paid to third parties, cost of repairs or replacements, and reasonable attorneys’ fees and costs of enforcement. Use of Information: Use of any information obtained via this service is at the customer’s risk. TrioTel specifically denies any responsibility for the accuracy or quality of information obtained through its services. TrioTel disclaims any liability for any act or omission with regard to Internet content the customer finds objectionable or unsuitable. TrioTel does not screen in advance any specific content, and reserves the right, but does not assume the responsibility, to block or limit access to content that violates our terms and conditions. Inappropriate Usage: TrioTel or other relevant authorities may determine inappropriate usage of this account and the privilege may be revoked at TrioTel’s discretion. Should this occur, the customer will be notified in writing of this action. TrioTel also holds the right to electronically monitor its service and to disclose any information it deems necessary to satisfy any legal or operational requirements. Compliance with Legal Process: TrioTel is legally obligated to, and will comply with valid, enforceable subpoenas and other legal process received from governmental and law enforcements agencies and departments. Such subpoenas and legal process may compel TrioTel to monitor your communications and activities via TrioTel’s Internet service (the “Service”) during transmission and in connection with use of the Service. Additionally, TrioTel may disclose any such information to governmental and law enforcement agencies and departments for purposes for ensuring your compliance with this agreement, applicable law, cooperating with legal authorities, and otherwise protecting TrioTel’s rights, property and interest. TrioTel may also disclose such information in connection with inquiries from third parties regarding alleged copyright infringement in connection with your use of the Service. By making use of the Service, you acknowledge and consent to these provisions. Sharing of Passwords or Accounts: The resale or otherwise sharing of TrioTel service account information or passwords, or any other associated services by any and all means is strictly prohibited (unless approved in advance in writing by TrioTel). The customer may not resell or redistribute TrioTel service to any third party via any means, including but not limited to, wireless technology. As well as any engagement in any activity which would result in third-party charges to TrioTel. Violators are subject to the cancellation of service without prior notice. By using TrioTel service, the customer agrees to hold TrioTel harmless for content accessed when using the Internet service. You Are Responsible for Your Security and Privacy: Although privacy and security are important to TrioTel, you understand and agree that you shall have no expectation of privacy or security in your use of this Service. There are privacy and security risks associated with wireless communications and the Internet generally. You acknowledge that TrioTel makes no assurance that your communications or activities will be or will remain private or secure and agree that TrioTel assumes no responsibility in that regard. You agree that you, and not TrioTel, are solely responsible for your own privacy and security in using this Service, and for implementing any protections you deem to be appropriate to protect and secure your privacy, and your activities, hardware, software and systems. You shall be responsible for providing adequate antivirus and anti-spam to ensure a secure and properly functioning network connection. Change of Status: TrioTel will occasionally require new registration and account information by the customer to continue this service. In addition, the customer shall notify TrioTel in writing of any changes in the account information. Any IP address assigned to a customer on any basis remains the property of TrioTel and may not be appropriated for any use other than as intended by TrioTel. Limitation of Liability: (a) You acknowledge and agree that this Service does not impose liability of any kind or in any amount on TrioTel, including without limitation, liability for any direct, indirect, special, consequential, incidental, punitive or exemplary damages (including without limitation, lost profits, loss of business, business interruption, loss of data, or other similar damages) arising out of or related to this agreement or this Service; even if TrioTel is advised of the possibility of such damages. (b) You agree that the limitations in this section shall be deemed to apply to all causes of action and all legal theories, without regard to whether the damages arise from: (i) breach of contract, breach of warranty, negligence or other torts, or (ii) any other cause of action, however stated.. Indemnification: You agree to indemnify, defend, and hold harmless TrioTel, its subsidiaries, agents, distributors, service providers and affiliates, and their respective officers, directors, shareholders and employees from and against any and all claims, actions, demands, liabilities, costs and expenses, including, without limitation, reasonable attorneys’ fees, resulting from your breach of any provision of this Agreement or any warranty you provide herein, or otherwise arising in any way out of your use of this Service. TrioTel reserves the right to take exclusive control and defense of any such claim otherwise subject to indemnification by you, in which event you will cooperate fully with TrioTel in asserting any available defenses. Billing Terms: The monthly billing will include the current month’s Internet charges as well as any of the past month’s usage-based fees, such as: hourly service charges, equipment purchases, plus any other charges or miscellaneous fees. Subscribers should be advised that the first bill may be larger than normal, and may include: activation/installation fees, the previous month’s prorated monthly charges along with the current month’s charges, equipment purchases, costs for labor and materials during installation, plus any other charges or miscellaneous fees. All fees are non-refundable. The monthly service fees are independent of the amount of traffic or systems accessed by users at the customer's location. TrioTel reserves the right to evaluate on an individual account basis bandwidth or hardware utilization. Excessive bandwidth or hardware usage that adversely affects TrioTel’s ability to provide its Internet or any other service may result in additional account management and fees. Electronic Communications Privacy Act (ECPA) Notice: Customers are hereby notified that TrioTel does NOT offer the same degree of privacy for email or files that the customer expects from regular paper mail. Digital Millennium Copyright Act Policy: When TrioTel receives a notice from a copyright holder or its authorized representative regarding an alleged violation of law by someone using an IP address identified as belonging to TrioTel, the following actions will be initiated: 1. TrioTel personnel will review the address to determine whether the address is in use by TrioTel. 2. If the address is assigned and used by TrioTel, personnel will attempt to identify the user. If the offender cannot be identified, TrioTel will notify the copyright holder or its agent accordingly. 3. If the offender is identified, TrioTel will notify the offender by telephone, email or in writing of the offense. 4. Any copyright violations may result in termination of service. TrioTel complies with all open Internet guidelines as set forth by the FCC. Please see our Network Management Policy online at www.triotel.net/network management policy for more information. Miscellaneous: You agree that: this Agreement and your use of this Service shall be governed by the laws of the State of South Dakota, without regard to conflicts of laws principles, and TrioTel shall have at all times the right to seek any injunctive or equitable relief available to it under applicable laws. You agree that the exclusive jurisdiction for all controversies or claims shall be the federal and state courts in the State of South Dakota in McCook County, and you agree that such courts will have personal jurisdiction over you in such matters. You agree that this Agreement is solely between you and the owner/operator of this service. You agree that any controversy or claim brought or asserted by you or on your behalf that arises out of or relates to this Agreement or this Service shall be solely against the owner/operator that is providing this Service to you by TrioTel, and not any other party. Further, you agree that any action you bring that arises from or relates to this Service must be initiated within one year from the relevant date of your access to this Service, and that no cause of action may be brought after that time. You agree that if any provision(s) of this Agreement is determined to be invalid or unenforceable under applicable law such provision(s) will be deemed superseded by a valid, enforceable provision that most closely serves the intent of the original provision and the remainder of this Agreement will continue to have legal effect. You agree that this Agreement constitutes the entire agreement between you and TrioTel regarding its subject matter, and it supersedes any prior or contemporaneous agreements between you and TrioTel regarding its subject matter. You agree that any notices given by you to TrioTel must be given by email (customerservice@triotel.com), or by postal mail to TrioTel Communications, Inc. at: PO Box 630, Salem, SD, 57058. 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 TrioTel services constitutes acceptance of these Terms and Conditions. A copy of this agreement will be provided to you upon request.