ORDER NO. 31265
CONTRACT WITH HILL COUNTRY TELEPHONE FOR INTERNET SERVICE AT
WEST KERB ANNEX
Came to be heard this the 13th day of April, 2009, with a motion made by Commissioner
Letz, seconded by Commissioners Baldwin, the Court unanimously approved by a vote of
4-0-0 to:
Approve Contract with Hill Country Telephone for Internet Service at the West Kerr
Annex.
i.-~
3ia- ~s
COMMISSIONERS' COURT AGENDA REQUEST
PLEASE FURNISH ONE ORIGINAL AND TEN COPIES OF THIS REQUEST AND DOCUMENTS
TO BE REVIEWED BY THE COURT.
MADE BY: John D. Trolinger
MEETING DATE: April 13, 2009
Office: Information Technology
TIME PREFERRED: 10:30
SUBJECT: (Please Be Specific)
Consider discuss and take appropriate action to approve contract with Hill Country Telephone
for Internet service at the West Kerr Annex.
EXECUTIVE SESSION REQUESTED: (PLEASE STATE REASON):
NAME OF PERSON ADDRESSING COURT: John D. Trolinger
ESTIMATED LENGTH OF PRESENTATION: 1 minute
IF PERSONNEL MATTER -NAME OF EMPLOYEE
Time for submitting this request for Court to assure that the matter is posted in accordance with Title 5,
Chapter 551 and 552, Government Code, is as follows:
Meeting schedule for Mondays: 5:00 P.M. previous Tuesday
THIS REQUEST RECEIVED BY:
THIS REQUEST RECEIVED ON:

All Agenda Requests will be screened by the County Judge's Office to determine if adequate information has
been prepared for the Court's formal consideration and action at time of Court Meetings. Your cooperation
will be appreciated and contribute towards your request being addressed at the earliest opportunity. See
Agenda Request Rules Adopted by Commissioners' Court, Court Order No. 25722.
Make sure any and all back up material is attached to this form.
~~
_ _ _
~ NAME~~,QjE'
BILLING ADDRESS
ASYMMETRIC DIGITAL SUBSCRIBER LINE (DSL) SERVICE
APPLICATION AND INTERNET ACCESS SERVICE AGREEMENT
_ _-_ -__
Account information
SERVICE ORDER #
---- ~1
"7~'~1.?_S~'
- --
(City) (State) (Zip)
CONTA T NUMBERS - ~ - ~ ((Home/Office/Other) _____ - ~_ ______ (Cell)
DSL#~ - _~ - ._~~~_ (TELEPHONE # FOR LINE ON WHICH DSL WILL BE ACTIVATED.)
Note: This must be a residential or individual business line that is not involved in a multi-line telephone system. If inside wiring
is required, charges will be incurred.
Software Information
OPERATING SYSTEM: ^ Macintosh '~=1 Vista ~ Windows XP ^ Windows 2000
(Minimum PC Requirements: 300 MHz Processor, 100 MB Hard Drive, 128 MB Memory, Ethernet Card)
Service Selection and Current Rate Schedule
SFI ECTFn SER~J!CE PLAN (Monthly C" rr;~
inir~:~ PaK ;~1 7 )'-, ;~pf~ed~~ up to 1 'r kbps downioad i 64 kbps upio~adj
Value Pak - $39.95 (Speeds up to 512 kbps download / 256 kbps upload)
Select Pak- $59.95 (Speeds up to 1.0 Mbps download / 512 kbps upload)
Pro Pak - $69.95 (Speeds up to 3.0 Mbps download / 768 kbps upload)
i Visionnet Wireless fyModem - $48.00
Static IP Required? I Yes n No
-- -
i
.~,,~
a y ~ .-v 4 T i _ . ~ 1 .~ , .. ,.,
_ ' Inside Wire (ISW) - $250
___; DSL Modem/ISW - $4.50
1 SecurelT P-us - $4.95
USER & E-MAIL ID _ _ _ _ _ _ _ _ _ _ _ _ @hctc.net PASSWORD _ _ _ _ _
Your ID must contain 3-12 alphanumeric characters (A-Z, 0-9 with a minimum of one alphabet (lower case, only)- Your
PASSWORD (6-8 characters) must contain ONE capital letter, ONE number, and ONE special character.
FILTERS: Each device that plugs into a telephone jack (i.e., telephones, answering machines, satellite set top boxes,
alarm systems) requires a filter to prevent interference with normal operation. Three 3 _ "re4ular"filters are_provided
in each customer kit at no charge. Unique filters are required for wall phones and burglar alarm systems. Please
indicate below only if additional filters are required.
Number of additional filters required: -Regular/Baseboard ($7.50 ea) -Wall ($9.00 ea) -Alarm ($15.00 ea}
CUSTOMER PICK UP (available in Business Office after 12:00 noon on Wednesday of the following week)
SNIPPING INFORMATION FOR UPS DELIVERY (Self-Install Kits ship each Tuesday afternoon)
Physical Shipping Address ___ ___ _ _ __ __
.,, ~. ~~ _ y..
`l.U'7t71ti~C7~'~?jJ!iCd~l(ill,~~~J/G'8t"StE;:;Er`Y'c~,%7L•y'~_(~~)/'Lf77.~f'IC~c9C4Vll~Dd:~Cti ~:fCt~Tn~,~iif:,'r,c1,~ _. 2i' :~?c`.' LeiLVri)(4~•.~x-
~rlljn ~ ~+~+7/ ctarf nn Fr~~'l,a~- of fhP l^.rE-F?l~ S~'rV,r~o ~S aSlghliSl7PG'~.
..
COMMITMENT TERM: Customer agrees that a $99.00 termination fee will be charged to the account, an amount equal
to the waived installation fee, if for any reason this agreement is terminated before the 12-month commitment term is
completed. HCTC Internet will allow Customer to change to a different level of service at any time without extension of the
minimum Commitment Term.
LIMITED LETTER OF AGENCY: Customer agrees to a Limited Letfer of Agency (LLOA), which authorizes Hill Country
Telephone Cooperative, Inc. Internet Services to act as the "Customer" agent in all matters relating to the provisioning of
Asymmetric Digital Subscriber Line (DSL) service. It is understood that the Customer will continue to deal directly with
Hill Country Telephone Cooperative, Inc. (HCTC) with regard to all regulated (non DSL) communications services provided
by the Cooperative. This LLOA shall remain in effect until written cancellation by Customer or HCTC.
Pat Tinley, Kerr County Judge
Customer Name (please print)
Social Security or Driver's License #
Custome Signatr~ure ```
DATE __/_/
BILLING NIJMBER ___.
(FOR HCTC USE ONLY)
MEMBERSHIP # __ __ ,__ __ _.
HILL COUNTRY TELEPHONE COOPERATIVE, INC;.
P. O. Drawer D Ingram, Texas 78025
830-367-5333 • 800-292-5457 • Fax 830-367-5993
Internet Support: 1-888-638-4282
HILL COUNTRY TELEPHONE COOPERATIVE, INC.
INTERNET SERVICE AGREEMENT
By signing this agreement or logging onto Hill Country Telephone Cooperative, Inc. (HCTC) Internet Service, the customer agrees to the following terms
and conditions of service, intending to be legally bound thereby:
1. Customer agrees and understands that the only warranty or guarantee made concerning the fitness, quality, design, condition, capacity, suitability,
reliability, or performance of any hardware or software sold or provided to customer by HCTC is made by the manufacturer of said product and
set forth in the literature or documentation accompanying the product. Customer agrees and understands that HCTC makes no warranty
whatsoever as to such product. HCTC shall not be liable in any event for loss of use, profit, revenue, consequential damage, or any claim for
damage resulting from the use of purchased hardware, use of the Internet and software, or interruption of such service for any cause. In the
unlikely event HCTC is found liable in any manner whatsoever, then and in that event the liability of HCTC for any cause shall never exceed the
actual amount paid to HCTC by the customer, without interest.
2. Customer agrees and understands that HCTC has no control of information and services provided through the Internet and the customer hereby
expressly releases, holds harmless and agrees to indemnify HCTC from any and every claim which might be made by any person by virtue of
customer's access to and use of the Internet.
3. Customer agrees and understands that the Internet is unrestricted and uncensored, and that certain material may be distasteful, and/or unsuitable
for children. Customer agrees and understands that HCTC has no control over other Internet sites and that it is the customer's sole responsibility
to prevent viewing of in appropriate material by children.
4. By executing this agreement and/or using the system, the customer expressly agrees to abide by all system rules as published from time to time
by HCTC. Customer hereby acknowledges receipt of a current copy of the system rules in effect at the time of activation. System rules may be
modified at any time by HCTC, with such changes to be published on the HCTC Home Page. Customer agrees to accept HCTC's interpretation
of all system rules.
5. HCTC agrees to use its best reasonable efforts to keep all electronic mail (E-mail) messages private and confidential, and agrees that the customer
is the sole owner of any E-mad messages hosted by custnrrrer to the s•ast ~ ~. !~} *! ~ «~, nt !'T,^ - -
..,,
' ~ <y :i?
ei t tau -a~ Y¢,~~i;,ra '. i „~~~rrFi acr.,r1< vv+c 7y~: ai.u nyr tat tr ~ rr.~.inir r iz rat i r .a., ~,re tinder rtt tafigrt.~r' t ~ e~i,p ,t C-.~,rtidentidl, arirl il~rat in
the event governmental authorities investigate or seize the system, customer E mad may be reviewed.
6. if HCTC has reason to believe customer is in violation of any system rules, or is conducting any activities it believes harmful to HCTC, the system,
or other users, customer expressly agrees that HCTC may exercise any or all of the followiny re~~tiedies:
a. HCiC may immediately terminate customer's access to the system, and shall have no obligation to return E-mail or other files stored on the
system.
b. HCTC may report the matter to the proper authorities and fully cooperate within any official investigation.
c. HCTC may exercise any other right, remedy, or action which is appropriate in view of the nature of the violation of system rules or other
harmful activity.
7. Customer agrees to pay for all services used in a timely manner, in accordance with HCTC's billing policies. Customer agrees and understands
that base service is billed one month in advance, and that any overages are billed one month in arrears.
8. Customer recognizes and acknowledges that any software provided by HCTC for access to the system is copyrighted material, and that customer
may not sell, give, transfer, or copy said software without the express written permission of the copyright holder and HCTC.
9. Customer acknowledges and agrees that any passwords issued by HCTC for system access are for the sole use of customer, and that customer
may not allow others to use their password to access the system. Violation of this article shall be cause for immediate termination of service.
10. Customer may not resell any services purchased from HCTC without the ex ress written consent of HCTC.
1 1 .~,~ Customer agrees to all terms and conditions in the above application for HCTC Internet Service.
1l~!' Customer hereby aggrees and consents to the obtainment by HCTC of any and all personal credit and/or financial information and does hereby agree
/~~ bqc and consent to HCTC's use thereof for the purposes of waiving any security deposit or determining whether or not service to customer should be
initiated or continued. Customer agrees to indemnify, hold harmless, and release HCTC from any claim made as a result of the use and/or
~ obtainment of such information. HCTC reserves the right to charge a security deposit.
3'--Zrt§"fomer agrees a as rea and agrees to all the terms and conditions shown on both the front and reverse side of this application for service.
14. Acceptance of this application is at HCTC's sole discretion and shall be evidenced by its duly authorized signature in the space provided hereon.
15. Upon acceptance by HCTC, this Customer Service Agreement and' any exhibits, riders, amendments, or supplements attached hereto shall constitute
the entire Agreement between Customer and HCTC, and shall supersede any prior or contemporaneous understandings or written or oral agreements
between the parties respecting the within subject matter.
16. Customer assents to any terms and conditions of this agreement which are additional or are different from those proposed either orally or in writing
by customer.
17. At the sole discretion of HCTC, service may be commenced Brier to cr s~ihset±+_.Pnt t^ the of,±~~nira^ nr! ,~,r;r ,f .~ ~ ~ , ,s;„~; ,~;€r~rrr~a~ic-i:
.,
,.. Ji ii)L~Yi1f d il<,r~. !. ~~_ ~ t, ,.. J:.--. t t?' :.rr~;,,~{r -, ,,.i ". .. r ~ ..... .f. .
nr o u~nc+at n~ ar.~~;~ttir_)i Fn~rvr, untiati a.acu, ~ ping t.~e term ,i~~ ~-~s~,~r°t c;r;~:. ~ ..~~ :., - _ --
1 i3. Customer certifies and warrants that the information yiven in this application is true and correct.
19 Prices charged for services under this agreement are subject to change without notice.
20. No right or remedy herein conferred upon or reserved to HCTC is exclusive of any other right or remedy herein or by law or equity provided or
permitted, but each shall be cumulative of every other right or remedy given hereunder or now or hereafter existing at law or equity, and may be
enforced concurrently or from time to time.
21. Customer hereby waives, and agrees not to assert any and all existing or future claims, defenses, and offsets against any payment due hereunder.
Customer agrees to pay all charges due hereunder, regardless of any claim, defense, or offset which may be exerted by Customer or on Customer's
behalf.
22. A delegation of any obligation hereunder by Customer shall not relieve Customer of said obligation.
23. No term or condition of this agreement may be waived or modified except by the written consent of HCTC. Forhearance or indulyer:c~ :y HCTC
n any reyard whatsoever shall nut constitute waiver of any term or condition, nor shall it constitute a waiver as to any future default or defaults,
whether of like or different character.
24. Service of all notices under this agreement shall be deemed sufficient if given personally or mailed to the party involved at its respective address
set forth in this agreement, by U. S. Mad, or at such address as the notified party may from time to time request in writing. Any notice mailed to
such address shall be considered effective at the time of mailing.
25. This agreement shall be construed under and in accordance with the laws of the State of Texas and the venue for any suit pertaining hereto shall
be maintained in Kerr County, Texas. If any one or more of the provisions contained herein shall be held to be invalid, illegal, or unenforceable in
any respect, such invalidity, illegality, or unenforceability shall not affect any other provision hereof, and this agreement shall be construed as if
such invalid, illegal or unenforceable provision had never been contained herein.
26. A service charge may be imposed for all returned checks, not to exceed the maximum allowed by law.
27. HCTC assumes no responsibility for interruptions of service caused by Acts of God, force majeure, catastrophe, etc.
28. If service is suspended by HCTC for nonpayment or other cause, a $20.00 charge will be imposed at reactivation.
29. Initial activations, renewals, reactivations, and plan changes may only include those rate plans being offered at the time of activation, renewal,
reactivation, or plan changes.
30. Customer assumes responsibility for any and all charges associated with the use of their account.
System Rules:
. ~„ ~.
f!r~stiti.,til)n pur,3o~r ar.,,y, ,.i ,~~.,~; ~t ~LiiTP:r ,,;&~. .,i-~<: :r:,.. ,.u;~, ~ .,y.> .. , U - i.. ~... .. r .~.~ ,~ .~ ..,,
card numbers, fraudulent marketing schemes, or tea#ticking hi cellular telephone fraud infcrrnation.
The system may not be used to distribute mass unsolicited E-mail contaimny commercial advertisements or to post commercial advertisements
to inappropriate locations on the Internet.
The system may not be used to publish defamatory statements directed to or about other persons or entities on the Internet.
Customers must respect the conventions and rules of news groups, mailing fists, and other networks, even if those conventions and rules are more
restrictive than ours.
The system may not be used to violate the copyright interests Dr other intellectual property, interests of any person or entity: This includes, but
is not limited to the distribution or sharing of copyrighted software in violation of the copyrr~ht holder's rights.
Customers, including Home Page Customers, may not post any material to the system which is obscene, vulgar, or blatantly offensive to the
prevailing moral standards of the community.
l3ecause of limited system resources, customers will be automatically logged out after 15 minutes of inactivity.