Cell Phones

 

 

Hearing Aid Compatible (HAC) Devices 

 

 
Kennebec Telephone Co., Inc.                                                                                                                                                  

  Current Wireless Handset Offerings and Hearing-Aid Compatibility
Manufacturer Device
  Model Name/Number
Type
  of Device (level of functionality)
M-Rating
  (M3 or M4)
T-Rating
  (T3 or T4)
APPLE
iPhone 5
SMART
M4
T4
APPLE
iPhone 5c
SMART
M3
T4
MOTOROLA
XT1254 Droid Turbo
SMART
M4
T3
SAMSUNG
I545Galazy S4
SMART
M3
 --
LG
REVERE VN 150S
BASIC
M4
T4
LG
LG-VN251S
FEATURE
M4
T4
CASIO
G'Zone Commando C811
SMART
M3
T4
SAMSUNG 
Convoy 3 SCH-U680
FEATURE
M4
 
T4
LG
REVERE 3/ENVOY III 
BASIC
M4
T4
MOTOROLA
DROID RAZR MAXX HD
SMART
M3
T4
         
         



 

 

Basic phone - an entry-level device
that are offered for low cost or free

Feature phone - a device with more advanced capabilities

Smart phone -/PDA - a device that can run a complete operating system software
as a platform for application developers



WiFi capability handset has not been rated for hearing aid compatibility with
respect to Wi-Fi operation.





Cell Phone Prices 

INDIVIDUAL PLANS

Kennebec
0                 $9.99

Pay .25 a minute for each call made.

Kennebec Safety 50
anytime              $19.99

Includes 50 monthly-additional minutes

.45 per minute.

 Kennebec 300
Peak            $29.99

300 peak (7am-7pm) minutes.  Plus

unlimited night and weekend minutes.


Kennebec 450
Peak            $39.99

450 peak (7am-7pm) minutes.  Plus

unlimited night and weekend minutes.

Kennebec 650 Peak          
$49.99

650 peak (7am-7pm) minutes.  Plus

unlimited night and weekend minutes.  Plus

Pick 3 for "My Group"

Kennebec 900 Peak         $59.99

900 peak (7am-7pm) minutes.  Plus unlimited

night and weekend minutes.  Plus pick 5 for "My Group"

Kennebec Unlimited
Individual       $69.99

Voice

Family Pricing

Kennebec Family 500 shared peak
(7am-7pm) minutes   $50.00

Plus unlimited night and weekend minutes.

Minimum 2 users and maximum, on this plan of 3 users.

Kennebec Family 700 shared peak
(7am-7pm) minutes.  $60.00

Plus unlimited night and weekend minutes.

Kennebec Family 1400 shared peak (7am-7pm) minutes.  $80.00

Plus unlimited night and weekends.

Kennebec Family 2000 shared peak
(7am-7pm) minutes.  $90.00

Plus unlimited night and weekend minutes.

Kennebec Companion Line - per line

 

FAMILY SHARE PLANS

Kennebec Family 500 shared peak

700 Unlimited          
$59.00

700 shared anytime minutes

1000 Unlimited         $69.00

1000 shared anytime minutes.

1400 Unlimited         $79.00

1400 shared anytime minutes.

2100 Unlimited         $99.00

2100 shared anytime minutes.

3000 Unlimited         $139.00

3000 shared anytime minutes.

4000 Unlimited         $189.00

4000 shared anytime minutes.

6000 Unlimited         $289.00

6000 shared anytime minutes.

Unlimited Family Text   $30.00

Additional Line         $9.99 each


OTHER CHARGES

Activation                $25.00

Early Termination    $175.00


Text Bundle 250       $5.00

Text Bundle 500       $10.00

Text Bundle 1500       $15.00

Air Card (1000 MB)        $59.00

Data                           
$30.00

 

 

Hearing
Aid Compatibility (HAC) for Wireless Devices

 

Hearing aids do not always function
well with wireless handsets.  Hearing aids operating by using a microphone
to pick up sounds waves, converting the sound waves into electrical signals to
be amplified.  Distortion or amplification of unwanted sound (noise) often
occurs.

 

The FCC's hearing aid compatibility
requirements address hearing aids that operate in either of two modes -
acoustic coupling ("M") rating) or inductive coupling ("T"
rating).  Hearing aids operated in acoustic coupling mode receive through
a microphone and then amplify all sounds surrounding the user, including both
desired sounds, such as a telephone's audio signal, and unwanted ambient
noise.  Hearing aids operating in inductive coupling mode turn off the
microphone to avoid amplifying unwanted ambient noise, instead using a telecoil
to receive only audio signal-based magnetic fields generated by inductive
coupling-capable telephones.  The FCC's "M" and "T"
ratings indicate whether a handset can be expected to function well with a
hearing aid and are generally marked clearly on the handset packaging. 
The "M" or "T" rating does not guarantee that the handset
will function without distortion or noise, so Kennebec Telephone Co., Inc.
recommends that you test the handset before purchasing.

 

These handsets have been tested and
rated for use with hearing aids for some of the wireless technologies that they
use. However, there may be some newer wireless technologies used in these
phones that have not been tested yet for use with hearing aids.  It is
important to try the different features of these phones thoroughly and in
different locations, using your hearing aid or cochlear implant, to determine
if you hear any interfering noise.  Consult your service provider or the
manufacturer of the handset for information on hearing compatibility.  If
you have questions about return or exchange policies, consult your service
provider or phone retailer.

 

 


 

WIRELESS SERVICE REQUEST AND
CONTRACT FOR WIRELESS MOBILE TELEPHONE SERVICE

 

If you activated your Kennebec
Services before the effective date of these terms and conditions, these terms
and conditions replace and supersede any previous terms and conditions. The
terms and conditions included with your PCS Phone may not be the most current
version. For the most current version of the terms and conditions, please visit
our website at www.kennebectelephone.com or call Customer Care toll free at
6058692220.

 

Agreement. Your agreement ("Agreement") with Zefcom, L.L.C.
d/b/a Kennebec and any of its representatives doing business as Kennebec
providing Kennebec Services ("Services") to you is made up of these
Terms and Conditions of Service ("Terms") and the Service Plan we
agree to provide you. Your "Service Plan" is described in our marketing
materials and includes the rates and features we set for that Service Plan. We
use the words "we," "us," "our" or
“Kennebec" to refer to Kennebec and its independent representatives.
Kennebec Services are provided utilizing either the Sprint PCS Network or the
Verizon Wireless Network ("Network"). You accept the Agreement and
Terms when you do any of the following: (1) sign a contract with us on paper or
electronically; (2) tell us orally or electronically that you accept; (3)
activate Services or attempt to use our Services (including, without
limitation, attempting to place a call on the Network or off the Network when
roaming, including "911" or similar calls); (4) pay for the services;
(5) open any package or start any program that says you are accepting the
Agreement when doing so; and (6) use your service after making any change or
addition after you have been informed that continued use of the new or modified
service will mean you have given us your acceptance.

 

Provision of Service. Your purchase of equipment from us does not mean that we
must provide Services to you. We may decide not to provide Services to you for
any lawful reason. We may request that you provide us with any information we
reasonably require to determine whether you qualify for Services. Services in
some areas are managed and provided under contract by independent affiliates of
either Verizon Wireless or Sprint PCS with access to the Network. Some Services
may not be available or may operate differently in certain affiliate markets.

 

Credit Verification. If you are making payments on your Service Plan by credit
card, you must have and maintain a valid credit card to receive and continue to
receive Services. We will verify that your credit card is valid before agreeing
to provide Services to you and we may verify that your credit card is valid at
any time while we provide Services to you. Credit card verification may include
a review of credit reports that we receive from commercially available credit
bureaus. If at any time we determine, in our sole discretion, that payment for
Services may not be made when due, we may suspend Services to your phone and
require that you provide payment on your account or a guarantee of payment
before we resume Services to your phone.

 

Changes to Agreement. We may change this Agreement at any time (but see Service
Plan). Any changes to the Agreement are effective when we publish them on our
website www.kennebectelephone.com. We
will give you thirty (30) days prior notice, either in your monthly bill or
separately, of any material change to this Agreement. If you use our Services
on or after the effective date of the changes or make any payment to us (for
services not already rendered prior to the effective date of the changes) on or
after the effective date of the changes, you accept the changes. If we change a
material term of the Agreement and that change has a material adverse effect on
you, you may terminate the Agreement without an early termination fee by
calling 6058692220 within sixty (60) days after we send notice of the change.
You understand and agree that taxes, Universal Service fees and other charges
imposed by the government or based on government calculations may increase or
decrease on a monthly basis, and that this paragraph does not apply to any
increases in such taxes, Universal Service fees and other charges.

 

Service Plans. Kennebec offers one (1) and two (2) year Service Plans.

 

Service Plan. A fixed Service Plan contractually binds you to obtain
Services from Kennebec. We may offer non-identical Service Plans to different
individuals or entities. Services and coverage under some Service Plans may be
more limited as compared to other Service Plans. Your Service Plan sets out the
charges for Services and is your Service Plan until that Service Plan is
changed, you switch to a different Service Plan, or your Services terminate.
Your Service Plan may require that you make a deposit, prepayment, or a series
of deposits or prepayments, or be subject to an account spending limit, before
Services are activated or maintained. If you are on a Service Plan, your
ability to change to another Service Plan may be limited and we may require you
to pay a termination fee as set out in the Termination sections of the
Agreement. Any change is effective at the start of your next full billing cycle
unless otherwise specified by us at the time that you place your change order.
If you change or add a different Service Plan or service feature and the change
is effective prior to the start of your next full billing cycle, you will be
billed a prorated amount for the period during the previous billing cycle that
the new Service Plan or service feature was effective. We may require a service
charge for implementing any change directed by you to your Service Plan or
optional service features you select.

 

Use of Services and Equipment;
Availability.
You must be at least 18 years old to
subscribe to our Services. We may require you to provide proof of your age and
identity. Services and equipment may not be used for any unlawful, fraudulent
or abusive purpose. By requesting Services, you agree that you will not use
Services and equipment in any unlawful, fraudulent or abusive manner. You may
not resell or lease Services or equipment to anyone. Services are available
within the operating range of the Network as depicted in our coverage maps.
Coverage and quality of Services may be affected by conditions beyond our
control, including atmospheric, geographic, or topographic conditions. We do
not guarantee that there will be no interruptions or delays in Services. Your
Kennebec phone will not accept the services of any wireless provider other than
Kennebec (but see Roaming).

 

Number. We assign a phone number ("Number") to the phone
or other equipment used by you on the Network. We may change the Number by giving
you prior notice. You do not own the Number. You may not: (1) modify the Number
we program into any phone or other equipment; (2) transfer or duplicate the
Number to any phone or other equipment other than that authorized by us; or (3)
transfer the Number to any other individual or entity without our permission.

 

Phone Activation Fee. You may be required to pay a non-refundable phone activation
fee when you activate a new handset, have us switch a Number to a different
phone, or we activate a different phone on your existing account. Details on
any applicable phone activation fee are set out in your Service Plan or can be
obtained by calling Kennebec Customer Care toll free at 6058692220.

 

Charges. You must pay, by each invoice date, all charges for Services
provided to the Number for each phone or other equipment that our records show
you activated no matter who actually uses or has possession of the phone or
other equipment at the time Services are provided. These charges include, but
are not limited to, recurring monthly service charges, applicable local and
long-distance toll charges, usage charges, and connection fees, roaming
charges, directory assistance, and call completion charges, optional features
you select at an extra cost, and taxes and other regulatory related charges.
Charges for a completed call from your Number that is dialed manually begin
when you press the TALK (or similar key) and end when the call is terminated by
either party. You are invoiced for these completed calls from your Number from
the time shortly before the phone starts ringing until the call is terminated by
either party. Charges for most Services are incurred in one-minute increments,
with partial minutes of use rounded up to the next highest minute. Certain
Service Plans do not include itemized message transmission detail, even for
measured service. Most Services are billed to your account at a flat rate on a
recurring monthly basis and you do not receive itemized message transmission
detail on them.

 

Billing. Billing cycles are approximately 30 days in length. Billing
cycles and dates may change from time to time. Except as otherwise provided in
your Service Plan, monthly recurring charges (MRCs) are billed one billing
cycle in advance.  Airtime is billed for your total usage in excess of
your monthly Service Plan allotment and/or for calls outside the Verizon
Wireless and/or Sprint PCS Network(s). Excess charges for Services are usually
billed to your account as soon as possible after the charges accrue.

 

Payment. If you have authorized payment for Services or equipment by
credit card or by debiting a bank account, no additional notice or consent is
required before we invoice your credit card or debit your bank account, for all
amounts (including any late charges, taxes or other regulatory related charges)
due to us or billed by us on behalf of a third party. You must promptly notify
us of any change in your address, the credit card used for payment, or the bank
account used for bank debits.  If we take action to receive payment beyond
billing you for charges for Services or equipment, you must pay our costs and
expenses of collection, including attorneys’ fees and expenses, the fees of any
collection agency and court costs.

 

Disputed Charges. You must raise any dispute that you have about any charges
billed to your credit card or bank debit account within 15 days of the date of
the credit card or bank debit account statement or you have accepted the
charges. You may notify us of any dispute by calling Kennebec Customer Care
toll free 6058692220. Calls to our sales or general business offices are not
notice of a dispute. You do not have to pay any properly disputed amounts while
we investigate them; however, you must pay amounts not in dispute by the due
date.

 

Termination. Service Plan. If you are on a Service Plan: (1) your ability to terminate
Services before the end of the term is limited;(2) your ability to change to
another Service Plan before the end of the term may be limited and may result
in a termination and/or activation fee; (3) you may be required to pay a
termination fee as liquidated damages and not as a penalty; (4) we may not
terminate Services without cause before the end of the term; and (5) if we
terminate Services for cause before the end of the term you may be required to
pay a termination fee as liquidated damages and not as a penalty. No
termination fee is charged if you terminate your Service Plan within 14 days of
activation of your Kennebec phone. You will only be billed the activation fee
and the pro-rated portion of the monthly service fee. During the term of this
Agreement we must give each other notice to terminate Services. At the end of
your term, your Agreement automatically changes into a “Month to Month” Service
Plan. At and after the expiration of the original term, you may terminate
Services at any time by giving us notice and we may, subject to this Agreement,
terminate Services at any time, with or without notice. If either party
terminates the Agreement after the original term has expired, you agree to pay
that month’s recurring charges and all other charges due and owing on your
account. You also agree that you will not receive a credit or refund for any
unused minutes for that month’s billing cycle. No termination fee is assessed
if you terminate your Month to Month Service plan with us.

 

Termination. General. Regardless of whether you have a One Year or Two Year
Service Plan, we may, without notice, terminate or suspend Services to you
without liability at any time: (1) if you breach any provision of this
Agreement (including if you fail to pay any charges for Services); (2) if you
fail to pay any charges due us for equipment or otherwise; (3) if you incur
charges in excess of a billing limit (even if we have not yet billed the
charges); (4) if you harass or threaten our employees or agents; (5) if you
provide false information to us; (6) if you interfere with our operations; or
(7) if we believe the action protects our customer’s interests or our network.
If you promptly cure the breach, we may, but are not obligated to, reactivate
Services to you. You must pay all charges for: (1) Services provided before
termination of a Number; and (2) equipment, regardless of who terminates
Services.

 

Deposits. If we require a deposit for you to establish or keep Services,
we will hold the deposit as partial guarantee of payment for Services. We may
change the deposit at any time to reflect revised estimated monthly charges
based upon your usage. A deposit may not be used to pay any bill (unless it is
used to pay a final bill) or delay payment. The deposit amount, the length of
time we hold the deposit and changes to the deposit amount are determined based
on your credit and payment history. The rate of interest on the deposit is
subject to change. We may mix deposits with our other funds. If Services are
terminated for any reason, we may, without notice to you, apply your deposit
toward payment of outstanding charges and any excess will be returned to you at
your last known address, within 75 days after termination of Services. If the
U.S. Postal Service cannot deliver the money to you and returns it to us, we
will hold it for you for one year from the date of return and we may charge a
monthly servicing fee against the deposit balance. Any money held during this
one year period will not accrue interest for your benefit. You forfeit any
portion of the money left after the one year period.

 

Taxes and Other Regulatory Related
Charges.
We bill you for taxes, regulatory
related obligations and other charges levied by federal, state or local
authorities, or foreign government on Services, or mandated to be paid in
proportion to receipts from telecommunications services provided, or on sales
of equipment (except for taxes based on our net income), if we pay these taxes
or other regulatory related charges, Taxes, regulatory related charges and
charges not directly paid by us are not billed to you, but payment to the
taxing or levying authority of any applicable taxes, regulatory related charges
and charges due from you are your responsibility. If you claim any tax
exemption, you must provide us with a valid tax-exempt document. Any tax
exemption applies only from the date we received a valid tax-exempt document.

 

Roaming. Calls made outside of the Network are “roaming” calls. Your
phone is specifically designed and engineered to work on the Network and on
other providers’ systems only when roaming agreements are in place between
either Verizon Wireless or Sprint PCS and the other providers. Certain features
are not available when roaming. When roaming, you are subject to the limitation
of liability provisions and other applicable rules imposed by the roaming
service provider on its own subscribers or on roamers. Included minutes apply
to calls placed and received on the Network. Roaming rates apply to calls
placed and received outside the Network. Long distance charges for calls
received while roaming are calculated from your home area code to the location
where you received the call. Due to delayed reporting between carriers, usage may
be billed in a subsequent month and will be charged as if used in the month
billed. If during any two consecutive months your minutes of use on other
carrier networks exceeds 50% of the minutes included in your service plan, we
may, at our option, terminate your service, deny your continued use of other
carriers’ coverage or change your plan to one imposing additional usage charges
for roaming. We will provide notice that we intend to take any of these actions
and, upon receipt of such notice, you may terminate this Agreement.

 

Unlimited Voice Services. Unlimited voice services are provided solely for live
dialog between two individuals. Unlimited voice services may not be used for
conference calling, call forwarding, monitoring services, data transmissions,
transmission of broadcasts, transmission of recorded material, or other
connections which do not consist of uninterrupted live dialog between two
individuals. If we find that you are using an unlimited voice service offering
for other than live dialog between two individuals, we may, at our option,
terminate your service or change your plan to one with no unlimited usage
components. We will provide you with notice that we intend to take any of the
above actions, and you may terminate the Agreement.

 

Unlimited Data Services. Prohibited Uses. We reserve the right to limit or suspend
any heavy, continuous data usage that adversely impacts our network performance
or hinders access to our network. Examples of prohibited uses include the
following: (i) server devices or host computer applications, including, but not
limited to, continuous Web camera posts or broadcasts, automatic data feeds,
automated machine-to-machine connections or peer-to-peer (P2P) file-sharing;
(ii) as a substitute or backup for private lines or dedicated data connections;
(iii) “auto-responders,” “cancel-bots,” or similar automated or manual routines
which generate excessive amounts of net traffic, or which disrupt net user
groups or email use by others; (iv) “spam” or unsolicited commercial or bulk
email (or activities that have the effect of facilitating unsolicited
commercial email or unsolicited bulk email); (v) any activity that adversely
affects the ability of other people or systems to use either our Service or
other parties’ Internet-based resources, including “denial of service” (DoS)
attacks against another network host or individual user; (vi) accessing, or
attempting to access without authority, the accounts of others, or to
penetrate, or attempt to penetrate, security measures of our or another
entity’s network or systems; or (vii) software or other devices that maintain
continuous active Internet connections when a computer’s connection would
otherwise be idle or any “keep alive” functions.

 

Interruption of Service. We may give credit for a continuous interruption of Services
for more than 24 hours on a case-by-case basis. Interruptions caused by your
negligent or willful actions, or by failure of equipment or service not
provided by us, or by causes beyond our reasonable control, do not qualify for
credit. We may provide you with an airtime credit of one minute for a call that
is disconnected because of transmission limitations caused by atmospheric,
geographic or topographic conditions and that you redial within one minute of
disconnection. You must notify us within 24 hours of the disconnection to
obtain credit.

 

Phones and Other Equipment. Phones and other equipment may be purchased and returned as
provided in the purchase documents. We are not the manufacturer of the phones
or other equipment and the only warranties on the phones or other equipment are
limited warranties extended by the manufacturers.

 

Lost or Stolen Equipment. If your phone or other equipment is lost or stolen, you must
notify us by calling Kennebec Customer Care toll free at 6058692220. You are
responsible for all charges for Services provided to the Number for the lost or
stolen equipment before you notify us of the loss or theft. We will deactivate
Services to the Number upon notification to us of any loss or theft. You may be
required to provide evidence of the loss or theft (e.g., a police report or
affidavit). If the equipment is later found, we may require that you exchange
it for another phone or other equipment before we reactivate Services (if we
elect to reactivate Services), as well as require you to pay a reactivation
fee. We will deactivate Services to any Number without prior notice to you if
we suspect any unlawful or fraudulent use of the Number. You agree to
reasonably cooperate with us in investigating suspected unlawful or fraudulent
use.

 

Caller ID. If you do not want people you call to receive the Number
assigned by your phone, you must call Kennebec Customer Care toll free at
6058692220 for information about automatic Caller ID blocking. The Number
assigned to your phone can be blocked on a per-call basis by dialing *67 +
Destination Number + TALK. Caller ID delivery resumes on the next call you
make. Caller ID display on incoming calls to your Number is dependent on
receiving the information from the calling party.

 

Pay-Per-Call Service. We will not complete calls from your Number to 900, 976 and
similar numbers for pay-per-call services.

 

International Calling. You may be limited in the international destinations that
you can call with your KennebecService. Calls to international destinations are
not included in your Service Plan and will be billed separately on a monthly
basis. You should call Kennebec Customer Care toll free at 6058692220 for
information about international destinations that cannot be called from your
Kennebec phone.

 

Customer Proprietary Network
Information (CPNI).
Federal law protects your privacy
rights as a customer of Kennebec. Customer Proprietary Network Information
(CPNI) is information we possess solely due to the customer-carrier
relationship that is necessary for us to serve your telecommunications needs.
CPNI is defined by the Federal Communications Commission as information that
relates to the quantity, technical configuration, type, destination and amount
of use of a telecommunications service subscribed to by any customer of a
telecommunications carrier and that is made available to the carrier by the
customer solely by virtue of the carrier-customer relationship; and information
contained in the bills pertaining to telephone exchange or toll service
received by a customer of a carrier. CPNI does not include information that is
in the public domain or available from other sources (i.e., census data,
subscriber list information, published directory information).  Unless you
specifically authorize its use, we may not use CPNI to market our services that
are unrelated to the services to which you currently subscribe. We will not
share CPNI with any other company, including our affiliate companies, unless
you are also a customer of our affiliate, or unless you have provided
authorization.

 

CPNI can be used by us for certain
purposes without your permission. We may use CPNI to offer you new or enhanced
services that are related to the category of services to which you currently subscribe.
We may also use CPNI to respond to your inquiry regarding services you use or
related services we offer. We may also use CPNI in repair and maintenance
services, billing and collection, to protect company property, and to prevent
fraud.  We take measures to discover and protect against attempts to gain
unauthorized access to your CPNI. In so doing, we authenticate a customer prior
to disclosing CPNI based on customer initiated telephone contact, online
account access, or an in-store visit. We value our relationship with our
customers and are committed to respecting and protecting your privacy.

 

Limitation of Liability. Except as otherwise provided in this section, our sole
liability to you for any loss or damage arising out of providing or failing to
provide Services (including mistakes, omissions, interruptions, delays, errors
or defects) will not exceed: (1) in cases related to a specific piece of
equipment, the prorated MRCs for Services to the piece of equipment during the
affected period; or (2) in cases not related to a specific piece of equipment,
the prorated MRCs for the Services to you during the affected period. We are
not liable for any damage arising out of or in connection with:

 

a) Any act or omission of any
telecommunications service or other service provider other than us;

 

b) Any directory listing;

 

c) Any dropped calls;

 

d) Any interruption of Services,
including interruptions caused by equipment or facilities failure or shortages,
transmission limitation or system capacity limitations;

 

e) traffic or other accidents, or
any health-related claims allegedly arising from the use of Services, phone,
equipment or accessories used in connection with the Services;

 

f) Any late or failed message
delivery;

 

g) Any interruption or failure of
911 or E911 emergency services or identification of the Number, address, name
or location associated with any person accessing or attempting to access
emergency services from your phone;

 

h) The installation or repair of any
products or equipment by parties who are not our authorized employees or
agents;

 

i) events due to factors beyond our
control, including acts of God (including, without limitation, weather-related
phenomena, fire or earthquake), war, riot, strike or orders of governmental
authority;

 

j) Any use of your phone or other
equipment not authorized by you;

 

k) Any act or omission of any third
party or independent contractor that offers products or services in conjunction
with or through the Services; or

 

l) Your negligent or intentional act
or omission.

 

NO CONSEQUENTIAL OR OTHER DAMAGES. UNDER NO CIRCUMSTANCES ARE WE LIABLE FOR ANY INCIDENTAL,
CONSEQUENTIAL, PUNITIVE OR SPECIAL DAMAGES OF ANY NATURE WHATSOEVER ARISING OUT
OF OR IN CONNECTION WITH PROVIDING OR FAILING TO PROVIDE SERVICES, PHONES OR
OTHER EQUIPMENT USED IN CONNECTION WITH THE SERVICES INCLUDING, WITHOUT
LIMITATION, LOST PROFITS, LOSS OF BUSINESS, OR COST OF REPLACEMENT PRODUCTS AND
SERVICES. THIS SECTION SURVIVES TERMINATION OF THIS AGREEMENT.

 

Indemnification. You promise to indemnify and defend us, our partners,
directors, officers, employees and agents from and against any claim, action,
damage, liability and expense arising out of or in connection with: (1) your
acts or omissions that occur in connection with your use of the Services or
equipment used in connection with the Services; or (2) any communications you
make or receive using the Services. This indemnification extends to and
includes any attorneys' fees and costs incurred by us arising from any actions
or claims to which this indemnification applies, or from contesting the
applicability of this provision. This section survives termination of this
Agreement.

 

DISCLAIMER OF WARRANTIES. WE MAKE NO EXPRESS REPRESENTATIONS OR WARRANTIES ABOUT OUR
SERVICES AND DISCLAIM ANY IMPLIED WARRANTIES INCLUDING, BUT NOT LIMITED TO,
WARRANTIES OF TITLE OR IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A
PARTICULAR PURPOSE OR USE OR NON-INFRINGEMENT WE DO NOT AUTHORIZE ANYONE TO
MAKE A WARRANTY OF ANY KIND ON OUR BEHALF AND YOU MAY NOT RELY ON ANY STATEMENT
OF WARRANTY AS A WARRANTY BY Kennebec. WE ARE NOT THE MANUFACTURER OF THE
EQUIPMENT OR THE OPERATORS OF THE NETWORK AND EXCEPT AS OTHERWISE EXPRESSLY
PROVIDED IN WRITING BY Kennebec. THE ONLY WARRANTY APPLICABLE TO THE EQUIPMENT
USED IN CONNECTION WITH THE SERVICES IS THAT PROVIDED BY THE EQUIPMENT
MANUFACTURERS. THIS SECTION SURVIVES TERMINATION OF THIS AGREEMENT.

 

Notices. You may get our current address for written notice by
calling Kennebec Customer Care toll free at 6058692220. Written notice to you
is sent to your last known address in our invoicing records. Written notice is
deemed delivered 3 days after deposit in the U.S. mail, postage prepaid, and
properly addressed. Unless required by this Agreement or Applicable Law: (1) you
may notify us by calling Kennebec Customer Care; and (2) we may notify you by
leaving a message for you on your Kennebec phone, answering machine or with
your answering service. Notice addresses may be changed by giving notice as
provided in this section.

 

Choice of Law; Jurisdiction. This Agreement is governed by and construed under the laws
of the state of Texas without regard to its choice of law principles. You agree
to submit yourself to the personal jurisdiction of the courts of the State of
Texas.

 

General. If either of us does not enforce any right or remedy
available under this Agreement, that failure is not a waiver of the right or
remedy for any other breach or failure by the other party. Our waiver of any
requirement in any one instance is not a general waiver of that requirement and
does not amend this Agreement. If any part of this Agreement is held invalid or
unenforceable, that part is interpreted consistent with applicable Texas State
laws as nearly as possible to reflect the original intentions of the parties
and the rest of this Agreement remains in full force and effect. Section
headings are for descriptive purposes only and are not intended to be used to
interpret this Agreement. You may not assign this Agreement to any other person
or entity without our prior written approval. This Agreement (including any
referenced documents and attachments) makes up the entire agreement between you
and us and replaces all prior written or spoken agreements, representations,
promises or understandings between you and us. The provisions of this Agreement
that are contemplated to be enforceable after the termination of this Agreement
survive termination of this Agreement.

 

Early Termination. Service Plan. You
may terminate your Agreement before the term expires by calling us toll free at
6058692220 from any phone and paying an EARLY TERMINATION FEE OF $0.00 or less
(depending on when you

 

terminate) per handset as liquidated
damages, and not as a penalty.
We
may terminate the Agreement if you are in default and charge you the Early
Termination Fee as liquidated damages, not as a penalty. The Early Termination
Fee is payable
in addition to any other outstanding
charges for services or equipment on your Kennebec account. We will not charge
you the Early Termination Fee if you deactivate service within 14 days after
you activated your Kennebec phone.  Kennebec does not manufacture the
wireless devices or equipment used by customers for its services. Kennebec
disclaims any harm that may result from the use or misuse of any wireless
device or equipment provided by Kennebec for use of its Services. Verizon
Wireless and Sprint PCS provide access to their Networks for Kennebec
subscribers but are not responsible for quality, billing, customer care,
warranty, maintenance, or other aspects of subscriber service. Verizon Wireless
is a registered trademark of Verizon Wireless Communications Company L.P.
Sprint PCS is a registered trademark of Sprint PCS.



 
 
 
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