Terms and Conditions

The undersigned, hereinafter called Applicant, hereby applies for service and/or membership in Etex Telephone Cooperative, Inc., or Etex Telecom hereinafter called Etex, for the purpose of furnishing telephone service, upon the following terms and conditions: 1. The Applicant will, when telephone service becomes available, take services from Etex to be used on the premises described above and will pay therefore monthly at rates to be determined from time to time by a fixed Board. 2. In accordance with the by-laws of the Cooperative, it being expressly understood that all amounts paid by Applicant in excess of operating costs and expenses of the Cooperative are furnished by him as capital and he shall be credited with the capital so furnished as provided in the by-laws. (Cooperative only) 3. The Applicant will and does hereby grant to the Etex a right-of-way easement to construct, operate and maintain a telephone line or system on the land described above and in or upon all streets, roads or highways abutting said land. 4. The Applicant will comply with and be bound by the provisions of the charter and by-laws of the Cooperative, and such rules and regulations as may from time to time be adopted by the Cooperative. (Cooperative only) 5. The Applicant, by becoming a subscriber of Etex Telecom or becoming a member of Etex Telephone Cooperative assumes no personal liability or responsibility for any debts or liabilities of Etex, and it is expressly understood that his private property is exempt from execution for any such debts or liabilities. The acceptance of this application by Etex shall constitute an agreement between the Applicant and Etex, and shall continue in force for one year from the date service is made available by Etex to the Applicant, and thereafter until canceled by at least 30 days written notice given by either party to the other.

Act of God Liability Waiver

The Company {Etex} shall not be liable for any interruption, failure or degradation of service due in whole or part to causes beyond its control, including, but not limited to: (1) act of God, fires, lightning, flood, or other catastrophes; (2) any law, order, regulation, directive, action or request of any instrumentality of the United States Government, or of any foreign, state or local government; (3) any national emergency, insurrection, riot, war, strike or labor difficulty; (4) any act or omission by any unrelated carrier or other entity affecting the facilities or equipment over which the Company's services are provided; (5) any negligence by the Customer or defects or failures of the Customer's equipment; and (6) any negligent acts or omissions of third parties.