Equipment User Agreement
We, Rock Port Telephone and Midwest Data Center, will provide you certain proprietary electronic equipment necessary to enjoy our services. This equipment is not for sale, and is legally available from and through us for use with our services. It remains our personal property or that of our designees. If services are terminated this equipment must be returned to us in a fully useable condition.
Delivery, Use, Care, Replacement, Right of Entry
You agree that the equipment has been delivered and installed at your installation address as listed below and in our business records. It is for your residential and personal use only at that address and may not be resold or given away in any form. You agree to take reasonable care of the equipment and agree not to open the equipment, take it apart, or alter it in any way. You are responsible and will be billed for the damage to all equipment beyond reasonable wear and tear from normal use, which occurs before you return or surrender it to us. All equipment must be returned in a fully usable condition. Except for loss or damage caused by misuse or abuse; if you notify us of equipment failure, we will repair it or exchange it for properly functioning equipment. You agree to allow us to enter your installation address, at any reasonable time, to inspect, repair, replace or remove the equipment.
You agree that we shall not be liable for damages, whether direct and/or consequential, resulting from any malfunction or failure of the equipment, or for any delay in promptly replacing malfunctioning equipment.
Failure to Comply with Your Commitments Regarding use of Equipment
If you fail to comply with your commitments contained herein, or with any term of the agreements under which you are receiving services from us, you understand and agree we may do any combination of one or more of the following: (1) terminate your use of the equipment; (2) terminate your receipt of services from us or our affiliates; (3) recover the equipment; and/or (4) bring legal or other action for return of all equipment and any amounts due to us hereunder (including reasonable attorney’s fees and other costs of collection). Any lost or unreturned equipment will be billed to you. You agree that this provision is not a waiver by the company of any rights or remedies which it has available to it for breach of this agreement. All such rights and remedies are cumulative and shall not be deemed exclusive. Nothing herein affects your obligation to return our equipment promptly upon your breach of this agreement.