Terms and Conditions

/Terms and Conditions
Terms and Conditions 2017-06-27T00:41:58+00:00

TC Telephone Terms and Conditions of Service
TC Telephone provides both Non-Lifeline and Lifeline Assisted landline  services.  The Lifeline Assistance program is supported by the federal Universal Service Fund program and is administered by the Universal Service Administrative Company. These Terms and Conditions of Service apply to TC Telephone services and landline  phones activated on TC Telephone services. Please read these terms carefully as these Terms and Conditions of Service become effective by activating or using a TC Telephone phone and is a legally binding agreement between you and TC Telephone.

These Terms and Conditions of Service contain important information about your consumer rights.  TC Telephone reserves the right to change or modify the Terms and Conditions of Service at any time and at its sole discretion.  Changes made to the Terms and Conditions of Service will become effective at the time the change is posted on the TC Telephone Website at www.TCTelephone.com.  Please check this website often for updates to the Terms and Conditions of Service.

Lifeline Support is a monthly support that reduces the cost of monthly landline  telephone service or residential home telephone service.  An eligible TC Telephone customer may receive a lifeline discount on landline  service, but the lifeline discount is available for only one telephone connection per household.  Lifeline support may vary between states.

Eligibility for the TC Telephone lifeline service program varies by state. Subscribers may qualify for a TC Telephone lifeline program if they participate in one of the government programs listed below or qualify based on household income eligibility standards as defined below.  By completing the TC Telephone application, a subscriber’s consent is required to the release required information, including financial information if necessary, to a designated agent as required for the administration of your TC Telephone lifeline service. This consent survives the any termination of this agreement. TC Telephone reserves the right to review any subscriber’s continued eligibility for the lifeline program, at any time, and may require subscribers to provide TC Telephone with written documentation of either subscriber household income or subscriber’s participation in a qualifying state or federal program.

A subscriber may only participate in one lifeline program in either land line or landline  service at the subscriber’s principal place of residence. If a subscriber or any member a subscriber’s family participates in a lifeline program from another provider, the subscriber is responsible for notifying the other provider that they have been approved for a TC Telephone lifeline program from TC Telephone.  Notice to terminate service from any other provider’s lifeline program must be given after activating new service in the TC Telephone lifeline program.

TC Telephone subscribers may qualify for a lifeline service offering if the subscriber meets certain state and federal eligibility requirements.  These requirements are determined by the particular state where the subscriber resides.  These state and federal eligibility requirements are also based on either program based eligibility or income based eligibility.

Supported Services
The following supported services are available to TC Telephone subscribers who participate in a lifeline program.  Questions regarding supported services can be made in writing or by contacting a TC Telephone representative at 1-877-669-8282.

  • Voice grade access to the public switched networkTC Telephone service provides landline  access to the Public Switched Telecommunications Network (“PSTN”). “Voice grade access to the public switched network” is defined as a functionality that enables a subscriber of telecommunications services to transmit voice communications, including signaling the network that the caller wishes to place a call, and to receive voice communications, including receiving a signal indicating there is an incoming call in a bandwidth, at a minimum, between 300 to 3,000 Hertz;
  • Dual tone multi-frequency signaling or its functional equivalent.  “Dual tone multi-frequency” (DTMF) is a method of signaling that facilitates the transportation of signaling through the public telecommunications network, shortening call set-up time.  TC Telephone handsets are “DTMF” capable;
  • Single-party service or its functional equivalent.  “Single-party landline  service” is a dedicated message path for the length of a subscriber’s particular transmission. TC Telephone provides customers with single-party access for the duration of every call a subscriber makes that is provided by TC Telephone.  TC Telephone does not provide multi-party or party line service;
  • Access to emergency services and N11 services.  “Access to emergency services” is a service available to TC Telephone subscribers that allows a subscriber to call to emergency services through a Public Service Access Point (PSAP) operated by the local government;
  • Access to operator services.  “Access to operator services” is defined as having access to any automatic or live assistance to a consumer to arrange for billing or completion, or both, of a telephone call;
  • Access to inter exchange service.  “Access to inter exchange service” is defined as the user of the telecommunication service having access to complete a long distance call or a toll call;
  • Access to directory assistance. ” Access to directory assistance” is defined as access to a service that includes making available to customers, upon request, information contained in directory listings; and
  • Toll limitation for qualifying low-income consumers.  “Toll limitation” TC Telephone qualifying subscribers have the option to use their landline  service to complete a long distance call or toll call in an amount of service that limits the amount of toll service to which the subscriber has already paid.

TC Telephone Services
TC Telephone service is provided at the company’s discretion. TC Telephone (TC Telephone.) may change pricing or the company’s Terms and Conditions of Service, from time to time, without notice.  Unless expressly prohibited by law, TC Telephone reserves the right to modify or cancel a subscriber’s service, an account, or take corrective action at any time and for any reason, including, but not limited to, your violation of any provision of these Terms and Conditions of Service. Check the TC Telephone website, www.TCTelephone.com, for the most recent pricing and changes to the Terms and Conditions of Service.

A subscriber’s right to use TC Telephone service is subject to TC Telephone business practices, policies, procedures, rates and these Terms and Conditions of Service.  TC Telephone may change the Terms and Conditions of Service at any time.  TC Telephone will notify subscribers of any change to the Terms and Conditions of Service that are determined to be materially adverse to a subscribers service 30 days in advance of the change.  If subscriber does not terminate service within 30 days of receiving this notice of a change in the Terms and Conditions of Service, subscriber agrees to accept any such changes.

TC Telephone landline telecommunications services using the geographic areas covered by the Nationwide Sprint Network footprint.  Local phone numbers may not be available in all areas. Subscribers do not have the ability use TC Telephone service with any other landline  phone, device, or on another network.  Subscribers may also not use a TC Telephone handset with any other service or network.  Airtime may be used for domestic calling from the United States and for other services as provided in these Terms and Conditions of Service.  TC Telephone service is for personal use only and may not be used in a manner that interferes with another TC Telephone customer’s use of service.  TC Telephone has determined that ability to provide good service to subscribers may be impaired when customers place abnormally high numbers of calls, sends or receives unusually high numbers of messages, or repeatedly place calls of unusually long duration, relative to typical usage by other TC Telephone customers on similar service plans.  Such non-typical usage suggests that a landline  phone is being used other than for personal use and is in violation of these Terms and Conditions of Service.

TC Telephone services are provided solely for live dialogue between two individuals.  TC Telephone services may not be used for any type of monitoring services, any data transmissions, or other non-personal related connections that do not consist of uninterrupted live dialogue between two individuals.  A TC Telephone subscriber account may be terminated, without notice, if a subscriber’s usage is determined to be used in violation of the Terms and Conditions of Service for non-personal use, pager service, voice mail retrieval service, or other uses deemed inappropriate.

TC Telephone services use radio transmissions and are therefore affected by limitations.  Coverage is not available everywhere. Quality of service may be affected by conditions beyond TC Telephone control, including atmospheric, geographical, or topographical conditions.  Service may also be affected by damage to landline  handsets.  TC Telephone does not guarantee, or warrant, that service will be available at any specific time or geographical location, or that service will be provided without possible interruption.  You should therefore never solely rely on your landline  phone for emergency calls, such as to 911.  TC Telephone customers have access to dial 911 in an emergency.  However, occasionally a subscriber may attempt to call 911 in an area where there is no landline  coverage.  If there is no landline  coverage, a subscriber’s call to 911 may not go through and the subscriber should dial 911 from the nearest land line phone.

By applying or activating service with TC Telephone, a subscriber agrees not to use TC Telephone services in any way that is illegal, abusive, or fraudulent.  This will be determined by TC Telephone in its sole discretion.  You may also not alter any of the software or hardware on your TC Telephone handset for any purpose.  TC Telephone phones may not be sold to third parties.

In order to verify if you reside within a service area please visit www.TCTelephone.com.  You may enter your zip code or locate coverage maps on the website to verify coverage. The map is only an approximation of actual coverage and may differ substantially from the areas of coverage shown on the website.  Coverage can be affected by many factors such as weather, terrain, buildings, equipment, signal strength or many other factors that may affect network coverage.  TC Telephone does not guarantee coverage or network availability.

TC Telephone ETC Services
TC Telephone lifeline programs are only available for activation by customer’s who reside in the areas in which TC Telephone., has been designated as a Landline  Eligible Telecommunications Carrier (“ETC”). To receive subsidized landline  service, a subscriber’s principal residence address must be within a TC Telephone ETC service area. Visit www.horizoncellular.com to check whether you reside in a TC Telephone ETC service area. To be eligible for TC Telephone service, a subscriber must meet the applicable eligibility standards described throughout these Terms and Conditions of Service, which may be amended by TC Telephone.

Where applicable, TC Telephone lifeline programs are provided to you by TC Telephone., and are governed by tariffs.  Tariffs are on file with the appropriate public utility commissions in each state and supersede any term related to the Lifeline Assistance program.  TC Telephone may provide access to tariffs through its website.  Please be aware that tariffs posted online may not be official documents and you assume full responsibility for any tariff information you access on the TC Telephone website.  TC Telephone bears no liability for the accuracy of any documents available on this website.

TC Telephone Service Rates (Airtime), Features, Coverage, and Activation Fees

  • Airtime is valued at $0.05 per minute of use.  Airtime charges apply to standard voice usage calls for both local and domestic long distance calls.  TC Telephone voice usage is deducted in full-minute increments and all partial minutes are rounded up to the next minute.  Airtime usage is rounded up to the nearest whole minute. Airtime applies to all message retrieval and voice calls. Unanswered outbound calls will be billed if the ring time exceeds 30 seconds. Ring time is defined as the amount of time between the point when a call is initiated (pressing the TALK button) and when it is answered (or terminated before being answered).  Credits will not be given for dropped calls.  Any unused airtime that expires is forfeited upon expiration or termination of eligibility in the TC Telephone Lifeline Assistance program.  Roaming charges, if they apply, will be billed at a rate of $0.59 per minute of use and will be deducted from the available minutes.Roaming charges occur when a subscriber makes a call using the facilities of another landline  service provider due to the location the call was placed.  Roaming occurs when you make or receive calls outside the home network calling area.  TC Telephone does not provide any guarantees as to the availability or quality of service while roaming. A TC Telephone Customer must have airtime minutes available to make or receive a call.  TC Telephone handsets will only operate when you have airtime minutes available on your landline  account. If you run out of your allotment of airtime, you may purchase and add additional airtime to your account.  The available plans listed below are available for most states.  The rate plans available in Oklahoma are also listed individually below.
  • INTERNATIONAL DIALING: International calling is not allowed on any TC Telephone plan available. International dialing is blocked, but, there are no guarantees that all international calling can be blocked from your handset.  If you attempt an international call and are successful your account will be blocked from making any additional calls for the remainder of the billing cycle except for emergency calls where available.  Subscribers may buy additional airtime during this period while their account has been suspended for placing international calls.  TC Telephone strictly prohibits all international calling.
  • sending and 1 minute per text message for receiving text messages. There are no rollover minutes with this plan.  Unused minutes will expire each month on the service expiration date.

TC Telephone Additional Minutes Plans:
TC Telephone will provide Additional Minutes Plans.  Please visit www.horizoncellular.com for the current rates of adding additions minutes rate plans.  Unused minutes and messages expire at the end of your monthly period and may not be used in subsequent months. If you use all of your monthly voice minutes and messages before a new monthly cycle starts and you add an Additional Minutes Offering Plan to your account, you will be charged based off the Additional Minutes Offering Plan you choose for voice and messages.  If you use all of your monthly voice minutes before a new monthly cycle starts, and you do not have a sufficient balance in your account, you may not use your landline  phone to make or receive voice calls, other than 911 emergency calls, until the start of the next monthly cycle.  If you have an Additional Minutes Offering Plan and use all your minutes included in the plan you will not have the ability to make calls or receive messages, except to place 911 calls where available, until you purchase another Additional Minutes Offering Plan or a new monthly cycle starts.  If you are a lifeline customer and also have an Additional Minutes Offering Plan and you do not have sufficient funds in your account to pay your monthly charge on your payment due date, you will automatically be switched to the free minutes offer only included each month with your service from the TC Telephone lifeline program.

Subscribers may add an Additional Minutes Offering Plan to their TC Telephone account by using one of following methods.  You can add an Additional Minutes Offering Plan to your account by paying by credit/debit card, or by buying a Additional Minutes Offering Plan at any TC Telephone authorized agent location. Horizon.  Sales taxes apply and are not included in the cost of the minute plan purchased.  All minute plans offered by TC Telephone include a limit (CAP) on the amount of minutes a subscriber can use in the 30-day period that begins on the day the plan is purchased.  For instance, the $50 plan includes a maximum of 1300 minutes of use in a 30-day period.  Purchased Additional Minutes Plans cannot be transferred or applied to any other landline  service or account.

  • TC Telephone Calling Features include Caller ID, Call Waiting, Three-Way Calling, Call Forwarding, and Voice mail  Caller ID may display both your billing name and your landline  number when placing outbound calls.  TC Telephone does not have the ability to block your name and number when making outbound calls.
  • Subscribers who successfully submit a TC Telephone application for the lifeline program may elect to receive a free landline  phone, or purchase a higher end model, provided by TC Telephone including an allotment of free airtime minutes each month for a period of twelve (12) consecutive months from the date service is started.  The actual amount of airtime minutes eligible lifeline subscribers will receive each month varies by state.  TC Telephone reserves the right to change, or modify the actual amount of airtime minutes and eligible subscribers will receive on a monthly basis without notice.  TC Telephone reserves the right to determine, at its sole discretion, whether or not an applicant meets the eligibility requirements to participate or continue to participate in the TC Telephone lifeline.

TC Telephone Taxes and Surcharges
TC Telephone charges state and local sales taxes.  Pricing listed on the TC Telephone website or listed in advertising methods for landline  service do not include certain taxes or surcharges. Subscribers are responsible for all charges applicable to the use of TC Telephone service regardless if the subscriber was the actual user of the service.  The amount of these taxes and surcharges is subject to change and may vary from time to time and by geographic area. TC Telephone collects sales taxes on all Additional Minutes Offering Plans and may also collect regulatory fees in certain states. Third party authorized retailers are responsible for collecting sales taxes and required regulatory fees for transactions that occur through such third party authorized retailers. Changes to a tax or surcharge will become effective as provided by the appropriate taxing authority and changes to applicable contribution amounts for Federal Universal Service Fund (“FUSF”) will apply.  Taxes and fees are subject to change without notice.

TC Telephone Text Messaging Rates
The TC Telephone app requires data to perform calls as well as text messages. Any and all data that is used while operating the application is at the expense of the user. TC Telephone is not responsible for personal electronic devices.

Domestic Text Messaging Rates:
Each domestic text will be deducted from the available messages in your free minute plan or in your purchased TC Telephone Additional Minutes Offering Plan.  Any unused messages will expire at the end of your monthly subscription period and will not be applied to subsequently purchased minutes, unless your plan includes rollover minutes.  If you use all the messages in your available plan, and do not pay your monthly fee for your TC Telephone Additional Minutes Offering Plan, you will not receive your monthly allocation of messages associated with your plan.  Subscriber messaging plans do not include international text, picture messaging, or voice mail messages.

Preventing or Sending Spam:
TC Telephone subscribers receiving unwanted text messages (“spam”) should contact the source and request to unsubscribe or remove the subscriber’s landline  phone number from the service.  If a TC Telephone subscriber intentionally sends spam from a TC Telephone handset, the subscriber may be terminated without notice.
TC Telephone may send you messages via SMS.  There is no guarantee you will receive them.

TC Telephone Directory Assistance, Additional Charges and Services
Directory assistance calls will be Free.  This amount will be deducted from available minutes you have remaining on your landline  plan.
Calling to 900 / 976 numbers are not available to TC Telephone subscribers.  Placing calls to 800 / 866 / 877 or other toll-free numbers will incur standard airtime charges.  TC Telephone allows subscribers to make or receive domestic long distance calls inside the domestic USA as long as coverage is available.  TC Telephone does not allow free calls to other subscribers using TC Telephone service.  TC Telephone subscriber handsets do not provide rate information for services used to make or receive voice calls or messages.

Subscribers can switch landline  numbers for an additional fee.  To make this change, please call TC Telephone at 1-877-669-8282 to switch your landline  phone number.  A charge of $15 may apply to number change requests.

TC Telephone will block any calls to 1-900, 1-976, some international calling, or other pay-per-call services.
If a subscriber’s account is deactivated for any reason, TC Telephone will assess subscribers a standard reactivation fee which is not refundable.
Please contact TC Telephone at 1-877-669-8282, or visit our website at www.TCTelephone.com, for additional pricing information or answers to any questions about TC Telephone services.  Calls to TC Telephone may be monitored and recorded for quality assurance.

TC Telephone Subscriber Account History: 

Subscriber account history is available online for the previous 60 days of service.  You may request a printed copy of your account history detailing the last 60 days of service by sending a written request to TC Telephone, PO Box 1095 Red Bluff, CA 96080, Attention: Account History. If you deactivate your services or change your landline  phone number, you may obtain your account history by contacting TC Telephone at 1-877-669-8282.  Please visit www.TCTelephone.com to access your account history at no cost.  TC Telephone subscribers have the ability to request a copy of their paper bill.  Requests for a copy of the paper bill must be submitted in writing via mail or fax.

Send requests to:

TC Telephone
PO Box 1095
Red Bluff, CA 96080

TC Telephone Disputed Charges
If you have a dispute with any charge to your TC Telephone account, you must notify us within 60 days after the charge appears on your account. You may either contact TC Telephone at 1-877-669-8282 or send notice in writing to the address listed below.  A TC Telephone Customer Service Representative will investigate your claim.  If TC Telephone is not notified of your dispute within this 60-day period you waive any right to dispute the charge, including in arbitration and/or a court proceeding.  You accept all charges not properly disputed within this 60-day period.

We will provide you a credit or refund if we determine that the disputed charge was inappropriate and was disputed by you in a timely manner. If we provide a credit or refund, you agree that the dispute is fully and finally resolved and not subject to any further proceedings.  TC Telephone is not liable for any charges for products or services provided by third parties through and for use on our network, regardless of the date on which you report it.   If any unauthorized or disputed charge appears on your statement for a third-party product, you must contact that third party directly.  Third-party contact information is also available by calling TC Telephone at 1-877-669-8282.  TC Telephone service, unless otherwise provided by law, excludes all incidental or consequential damages.  Some states do not allow this exclusion.

Dispute by mail:
TC Telephone
PO Box 1095
Red Bluff, CA 96080

TC Telephone Refunds, Returns, or Lost Equipment Policy

Refunds: 

TC Telephone is not responsible for, nor will we refund any lost, stolen, misused, or damaged TC Telephone Additional Minutes Offering Plans.  Additional plans purchased must be applied to a subscriber’s account within 1 year of purchase.  TC Telephone does not accepts returns or provide refunds of any TC Telephone Additional Minutes Offering Plans.   All purchases of TC Telephone Additional Minutes Offering Plans are final and non-refundable regardless of who uses or possesses the subscriber’s landline  phone after airtime is purchased, and regardless of whether the landline  phone is used with the subscriber’s consent or knowledge.  Monthly charges are non-refundable.

Returns: 

Landline  handsets purchased directly from TC Telephone may be returned for a full refund within 30 days of purchase.  A subscriber must return the complete handset as was received at the time of activation.  Please contact TC Telephone at 1-877-669-8282 for instructions.  TC Telephone provides new and recycled handsets to subscribers.  All handset models provided to lifeline subscribers are selected at the sole discretion of TC Telephone.  Handset models may vary.  TC Telephone reserves the right to replace handsets with various models at its sole discretion.  All landline  handsets purchased directly from TC Telephone include a 90-day warranty from TC Telephone. If you experience a handset malfunction call TC Telephone at 1-877-669-8282.

Lost or Stolen Equipment: 

If a TC Telephone Subscriber loses or has their handset stolen, the subscriber is responsible for all charges incurred until TC Telephone is notified of the lost or stolen landline  phone.  To report a lost or stolen landline  phone, please contact TC Telephone at 1-877-669-8282. Upon receiving notice of the lost or stolen, TC Telephone will suspend the account immediately.  If a subscriber does not either activate a new TC Telephone phone or notify us that they have found their landline  phone within 30 days of the suspension of the account, the account will be deactivated and the subscriber will lose the TC Telephone phone number.

TC Telephone Phone Number
TC Telephone subscribers must accept the number that is assigned to them at the time of activation. The landline  phone number TC Telephone provides for subscribers to use is and will remain the property of TC Telephone.  TC Telephone may release a subscriber’s landline  phone number to another subscriber, without giving notice, if the subscriber cancels service with TC Telephone, or if the account expires and is deactivated.  Subscribers may transfer a landline  number prior to the landline  number being reissued to another subscriber.  TC Telephone reserves the right to change a landline  number at any time.  TC Telephone will attempt to notify the subscriber prior to any change.  A subscriber can request to change a landline  phone number for a number change fee of $15.

In some situations, a subscriber may transfer an existing carrier telephone number to your TC Telephone service for use as a TC Telephone phone number.  To switch an existing phone number to TC Telephone, please contact TC Telephone at 1-877-669-8282. Before calling, please have a bill available from the existing carrier.  When a subscriber transfers from another landline  carrier to TC Telephone, they may have to pay a termination fee to the former carrier to early terminate the contract.  TC Telephone will not reimburse a subscriber for any termination fees imposed by other carriers.

Use of TC Telephone Customer Information
By agreeing to Terms and Conditions of Service herein, you also agree to the terms of TC Telephone Privacy Policy available online atwww.horizoncellular.com. The Privacy Policy may change from time to time and includes important information on what data we collect about you, how we use this data and with whom we share that data.  Any “Customer Proprietary Network Information” (CPNI) data that TC Telephone collects from subscribers will be handled in accordance with the Federal Communications Commission regulations, federal consumer privacy laws and the TC Telephone Privacy Policy.  TC Telephone will not intentionally share subscriber’s personal information without the subscriber’s permission.  TC Telephone may, from time to time, use the information subscribers provide to market services to subscribers that may be related to TC Telephone services or offerings. Subscribers will have the opportunity to choose whether they would like to receive text messages notices, e-mail notices, or direct mail and other updates from TC Telephone and its affiliates about new products, promotions, or other important services offered by TC Telephone.  Subscribers who choose not to receive these notices may elect to unsubscribe to the information by calling TC Telephone at 1-877-669-8282. TC Telephone may disclose to law enforcement authorities and governmental agencies any information, including your name, account information, account history, or other information properly requested by law enforcement to comply with appropriate legal requests.

Dispute Resolution
You agree to contact TC Telephone with any disputes. You must contact TC Telephone with any dispute by calling TC Telephone at 1-877-669-8282 or by writing TC Telephone at PO Box 1095 Red Bluff, CA 96080, Attn. Dispute Resolution.  You must provide a description of the dispute, all relevant information, any supporting documentation, and the proposed dispute resolution. A TC Telephone representative will contact you at the last address you have provided or by phone. TC Telephone agrees to negotiate in good faith to resolve any dispute you may have. You agree to pay the full amount reflected on your account statement, even while a dispute is being resolved.  If you do not reach an agreement to resolve your claim within 30 days after notice of dispute was given, you or TC Telephone may commence a Binding Arbitration proceeding (see below).

Certain disputes you may have with TC Telephone (TC Telephone.) may be resolved through Binding Arbitration.  By making or receiving calls on a TC Telephone handset you agree the sole remedy for any dispute shall be Binding Arbitration on an individual basis.  You waive your rights to a jury trial or any class actions.  You also agree the Federal Arbitration Act governs any dispute claim you have with TC Telephone.  This Binding Arbitration you agree as the sole remedy limits your options available in the event of a dispute to an individual basis and survives any termination of your service with TC Telephone.  Class Arbitrations and Class Actions are herby excluded as a remedy for any dispute you may have.

This agreement shall be construed under the laws of the state of Oklahoma, without regard to its choice of law rules, except for the arbitration provision contained in these Terms and Conditions of Service, which will be governed by the Federal Arbitration Act.  This governing law provision applies no matter where you (the subscriber) reside, or where you (the subscriber) use or pay for TC Telephone services.  To the extent permitted by law, if a dispute claim proceeds in court, TC Telephone and you waive any right that we may have to trial by jury in any lawsuit or other proceeding.

Limitation of Liability
TC Telephone and TC Telephone LLC. are not liable to you (subscriber) for any direct or indirect, special, incidental, consequential, exemplary or punitive damages of any kind, including lost  or potential profits (regardless of whether it has been notified such loss may occur) by reason of any act or omission in its provision of equipment and/or Services. TC Telephone and TC Telephone LLC. will not be liable for any act or omission of any other company furnishing a part of our services, or our equipment or for any damages that result from any service or equipment provided by or manufactured by affiliated or non-affiliated third parties. TC Telephone and TC Telephone LLC.. are not responsible, at any time, and shall not be liable to you or anyone else for any personal information such as user names, passwords, contacts, pictures, SMS, or any additional content you may have stored on your phone or which may remain on your phone during and/or after you no longer have service with TC Telephone.  Unless prohibited by law, you (subscriber) agree to limit claims for damages or other monetary relief against each other to direct and actual damages.

TC Telephone assumes no risk or responsibility for a subscriber’s use of any content provided by TC Telephone services.  TC Telephone is not liable for any act or omission of any third party company providing part of TC Telephone services (this includes equipment provided by a third party), any errors or omissions of any vendors or agents participating in offers made by TC Telephone, any damages that result from third parties, or any unauthorized or disputed charges.  There is no fiduciary duty that exists between you (subscriber) and TC Telephone, TC Telephone., or its affiliates.  You (subscriber), also agree that TC Telephone will not liable for any missed voice mails, any messages from your voice mail system, any data content, or any storage or deletion of contacts from a handset address book provided by TC Telephone.

Indemnification
To the full extent by law, you agree to hold harmless and indemnify TC Telephone, Horizon TC Telephone LLC., and its affiliates and their respective officers, agents, directors, partners and employees, from any and all liabilities, settlements, penalties, claims, causes of action and demands brought by third parties (including any costs, expenses or attorneys’ fees on account thereof), directly or indirectly, resulting from your use of TC Telephone products and services, or another person whom you authorize to use your products or services, whether based in contract or tort (including strict liability) and regardless of the form of action.  This obligation shall survive any expiration or termination of your service with TC Telephone.

A subscriber may reside in a state that does not allow disclaimers of implied warranties or limits remedies for breach.  Therefore, the above exclusions or limitations may not apply to all subscribers.  A subscriber may have other legal rights that vary by state.

Warranties
TC Telephone does not manufacture landline  phones or equipment used by subscribers.  The only warranties applicable to such devices or equipment are those extended by the manufacturers. We have no liability, therefore, in connection with landline  phones and other equipment or for manufacturers’ acts or omissions.  WE MAKE NO REPRESENTATIONS OR WARRANTIES, EXPRESS OR IMPLIED, REGARDING THE PRODUCTS AND SERVICES PROVIDED HEREUNDER OR ANY SOFTWARE REQUIRED TO BE USED IN CONNECTION THEREWITH, INCLUDING, BUT NOT LIMITED TO, AND TO THE EXTENT PERMITTED BY LAW, WARRANTY OF TITLE, WARRANTY THAT A PRODUCT OR SERVICE IS FIT FOR A PARTICULAR USE OR WARRANTY OF MERCHANTABILITY. WE EXPRESSLY DISCLAIM ANY AND ALL IMPLIED WARRANTIES. WE DON’T PROMISE ERROR-FREE OR UNINTERRUPTED SERVICE AND DON’T AUTHORIZE ANYONE TO MAKE WARRANTIES ON OUR BEHALF.

The TC Telephone Terms and Conditions of Service, contained herein, supersede all oral or written communications and understandings between you, TC Telephone, and TC Telephone., with respect to products and services provided to you and the terms under which they are offered to you by TC Telephone.  The surviving sections of this Terms and Conditions of Service shall continue to be valid and enforceable in the event that any part of these Terms and Conditions of Service is declared invalid, not applicable, or becomes unenforceable.  There are no provisions of these Terms and Conditions of Service that provide any person or any entity that is not a party to these Terms and Conditions of Service with any remedy, liability, claim, reimbursement, or any cause of action, or that creates any other third-party beneficiary rights. Any legal dispute, unless otherwise specified herein, shall be subject to the exclusive jurisdiction of the federal or state courts located within the State of Oklahoma.  This excludes customers who are residents of the state of California.

TC Telephone reserves the right to suspend or terminate any subscriber’s access to TC Telephone services or to the TC Telephone website or affiliated websites, at any time, should we determine in our sole discretion that a subscriber has violated any of these Terms and Conditions of Service or any other policy of TC Telephone, its affiliates, or for any other reason at the sole discretion of TC Telephone.

Notices
You may send notices to TC Telephone by mail, PO Box 1095 Red Bluff, CA 96080, or by phone, 1-877-669-8282. Notices will be considered effective after received by TC Telephone.  If a subscriber is unable to resolve concerns with TC Telephone, they may file a complaint with the Federal Communications Commission.  Any notice sent to a subscriber will be sent to your last known residence we have on file, or via text message to your TC Telephone phone.

Functionality Level C indicates a phone that is at least SMS and Data Capable.

Open Internet Policy
OPEN INTERNET POLICY – TC TELEPHONE.

Network Management Practices Policy Disclosure
Pursuant to the Federal Communications Commission’s newly enacted Open Internet Rules found in Part 8 of Title 47 of the Code of Federal Regulations, the policies of TC Telephone., (“Provider”) regarding network management practices, performance characteristics, and commercial terms are provided in entirety so that Provider’s current customers, prospective customers, third-party content providers and other interested parties can make informed choices regarding the broadband Internet access services offered by Provider, and the extent Provider’s network management practices may affect those services.

Network Management Practices

In the interest of providing the best online experience possible for all of Provider’s customers, Provider utilizes the reasonable network management practices in some cases as provided by its underlying carriers which are tailored to achieve legitimate network management purposes. Because bandwidth is a limited resource for broadband Internet service providers, it is essential that Provider reasonably manages its network to the best of its ability to promote the use and enjoyment of the Internet by all of Provider’s customers. By adopting a reasonable and responsible network management policy, Provider prevents to the best of its ability its customers from being subjected to the negative effects of spam, viruses, security attacks, network congestion, and other risks that threaten to degrade service. The network management practices employed by the Provider’s underlying carriers and Provider are consistent with industry standards.

Congestion Management

Congestion is an Internet access service problem that can slow web browsing, downloading, and other activities of the customers during certain peak usage periods.  Congestion may be caused by capacity limits and bottlenecks in a service provider’s own network, or by limitations in the capacity of the Middle Mile transport facilities and services that many service providers must purchase from unrelated entities to carry the traffic of their customers between their service areas and the closest Internet nodes.

Provider and its underlying carriers constantly monitor its network to manage congestion avoiding over utilization of circuits.  Provider and its underlying carrier maintain sufficient bandwidth to service its customers.

Application-Specific Behavior

Provider does not make use of any application-specific network management practices. Provider does not favor, modify, inhibit, rate control or block any specific protocols, protocol ports or fields, or any applications or classes of applications. Customers may use any lawful and commercially available application.  Provider’s network does not discriminate against particular types of content.  Peer to Peer, streaming video, VoIP, and video downloads are all classified as content neutral.

Provider does not normally monitor the contents of the traffic or applications of its customers.  It undertakes no obligation to monitor or investigate the lawfulness of the applications used by its customers unless mandated by law or contractual agreement that Provider do so.

Device Attachment Rules

In order for a device to be approved for use on the Provider’s network, the device must conform to publicly available industry standards and be non-harmful to Provider’s network.  Provider reserves the right to disable devices that cause disruptions to Provider’s customers or that are not in compliance with industry standards.  In the event that Provider disables a device or denies access to application providers, prompt notice will be given of the decision to deny access to the network or disable a device.

Security

Provider offers its customers unrestricted access to all of the lawful content, services, and applications available on the Internet. Provider and Provider’s underlying carrier uses industry standard tools and generally accepted best practices and policies to protect our customers from spam, phishing, and other unwanted or harmful online content and activities. In the instances where these tools and policies identify online content as harmful or unwanted, the content may be prevented from reaching customers, or customers may be permitted to identify or inspect content to determine if it is harmful or unwanted. Provider’s security methods are not intended to prevent end-users from running any specific applications.

Provider employs commercially appropriate security procedures to protect its network and its customer records from unauthorized access by third parties.  Provider does not guarantee that it can protect customers from any and/or all security breaches.

Traffic Blocking

Provider does not block any lawful content, applications, services and/or non-harmful devices.
Provider does not knowingly and intentionally impair, degrade or delay the traffic on its network so as to render effectively unusable certain content, applications, services and/or non-harmful devices.

Provider does not charge edge service providers of content, applications, services and/or devices any fees simply for transporting traffic between them and its customers.

Performance Characteristics
Many of the service and performance characteristics of the Provider’s broadband Internet access services are contained in the service offering portions of this website.

Provider offers broadband Internet access service.

The advertised speed of Provider’s Internet service is the maximum speed achievable with the technology utilized by Provider or made available to Provider. While the maximum advertised speed is attainable for end users, several factors may affect the actual speed of Provider’s Internet service offerings, including, but not limited to: [the distance of the consumer’s home or office from Provider’s central office (i.e., the further away the customer is from the central office, the slower the broadband speed), the end user’s computer, modem or router, activity during peak usage periods, and other Internet traffic.]

The actual speeds achieved with Provider’s Internet service offering make Provider’s Internet service suitable for real-time applications, such as Voice over Internet Protocol (“VoIP”).

Commercial Terms

The commercial terms and conditions of the Provider’s broadband Internet access services are contained in greater detail in the service offering and Terms and Conditions located on this website.  This section provides a brief overview of policy terms required by the FCC’s Open Internet Framework.

Pricing
In order to meet the usage and budgetary needs of all of our customers, Provider offers a wide selection of broadband Internet access plan options, including promotional offerings, bundled service choices, and ala carte alternatives.
To see Provider’s current promotions and pricing on broadband Internet access service, please visit our website www.TCTelephone.com  or call 1-877-669-8282 to speak with a customer service representative.

Usage-Based Fees
Provider’s Internet service is priced on a flat-fee basis (plus taxes). Provider does not charge end users a usage-based fee for Internet service.

No Unreasonable Discrimination
Provider does not unreasonably discriminate in its transmission of traffic over the broadband Internet access services of its customers.  It endeavors to give its customers as much choice and control as practicable among its different service offerings and among the content, application, service and device offerings of edge service providers.  When reasonable network management practices entail differential treatment of traffic, Provider does not discriminate among specific uses, or classes of uses, of its network.
Provider does not impair, degrade or delay VoIP applications or services that compete with its voice services and those of its affiliates.
Provider does not impair, degrade, delay or otherwise inhibit access by its customers to lawful content, applications, services or non-harmful devices.

Provider does not impair free expression by actions such as slowing traffic from particular websites or blogs.
Provider does not use or demand “pay-for-priority” or similar arrangements that directly or indirectly favor some traffic over other traffic.
Provider does not prioritize its own content, application, services, or devices, or those of its affiliates.

Privacy Policy
The various network management tools and techniques utilized by Provider do not monitor, inspect or store the network activity and traffic of its Internet service users. Further, as part of its network management practices, Provider does not distribute information on network activity and/or traffic to any third party, or use network traffic information for any non-network management purpose.

Provider affords full access to all lawful content, services and applications available on the Internet and does not routinely monitor, inspect or store the network activity and traffic of its Internet service users. However, Provider reserves the right to monitor bandwidth, usage, transmissions and content for purposes of protecting the integrity of the network and Provider’s Internet access service through reasonable network management practices.

Provider may collect equipment information to identify the equipment customer is using on the network, including, but not limited to: equipment type, serial number, settings, configuration and software. Provider may also collect performance information to examine the operation of the equipment, services and applications the customer may use on the network, including, but not limited to: IP addresses, URLs, data transmission rates and latencies, location information, security characteristics, and information about the amount of bandwidth and other network resources customer is using in connections with uploading, downloading or streaming data to and from the Internet.
Network traffic, activity, performance information, and equipment information monitored or collected by Provider is done so for the sole purpose of reasonable network management purposes.

Provider is required to comply with relevant laws, regulations and judicial orders. Information covered under this Privacy Policy, as well as other categories of information, may be disclosed to third parties if Provider determines, in its sole discretion, that such a disclosure is necessary or required and in a manner allowable by law. Provider may also disclose this information if, in its sole discretion, such a disclosure is necessary or required to protect our interests or the interests of our customers. Provider may also disclose this information in connection with the sale of our business.

The Provider’s network management practices as discussed herein are intended solely to provide the best online experience possible for all of Provider’s customers by safeguarding our network and its users from spam, viruses, phishing, and other unwanted or harmful online content and activities. Provider’s network management practices are not intended, nor implemented, to block consumers from accessing the content and applications of their choice, deprive consumers of their entitlement to competition, or discriminate against or in favor of certain network traffic. End users with questions, concerns or complaints regarding Provider’s network management practices are encouraged to contact Provider for issue resolution.

Contact Us
If you have any questions regarding Provider’s Network Management Practices Policy or would like to file a complaint with Provider regarding its network management practices, please contact Provider at:
1-877-669-8282

Further, if you believe that Provider is in violation of the FCC’s Open Internet Rules, you may file either an informal or formal complaint with the FCC at
http://esupport.fcc.gov/complaints.htm

Additional Disclaimers
The Open Internet Rules, as adopted, and Provider’s Network Management Practices Policy are not intended to affect, alter or otherwise supersede the legal status of cooperative efforts by broadband Internet access service providers and other service providers that are designed to curtail infringement in response to information provided by rights holders in a manner that is timely, effective, and accommodates the legitimate interests of providers, rights holders, and end users.

Furthermore, the Open Internet Rules, as adopted, and Provider’s Network Management Practices Policy do not prohibit Provider from making reasonable efforts to address the transfer of unlawful content or unlawful transfers of content.