Application for Business Membership

(TO THE APPLICANT: Membership in James Valley Cooperative Telephone Company is automatic and instantaneous upon receipt of telecommunications and information services from the Cooperative; however, each member prior to acceptance of service shall make the following written application for membership for the Cooperative’s records.)

THE UNDERSIGNED HEREBY APPLIES FOR MEMBERSHIP IN JAMES VALLEY COOPERATIVE TELEPHONE COMPANY, a corporation organized under the laws of the State of South Dakota for the purpose of furnishing telecommunications and information service (hereinafter called the “Cooperative”). In furtherance of this application, the undersigned:

A. Agrees to apply for and purchase telecommunications and information services from the Cooperative in accordance with established tariffs, as well as pay other charges for services that the applicant uses and the Cooperative is obligated by law or contract to collect;

B. Acknowledges that obtaining telecommunications services by continued use of a disconnected or unauthorized telephone number or invalid credit card is unlawful under South Dakota Codified Laws 49-31-37;

C. Authorizes the Cooperative to obtain a credit report on myself through the credit reporting agency of its’ choice.

D. Agrees to comply with, and be bound by, the Restated Articles of Incorporation and Bylaws of the Cooperative and any rules and regulations adopted by the Board;

E. By dealing with the Cooperative, acknowledges, pursuant to Section 8.2 of the Cooperative Bylaws, that the terms and provisions of the Restated Articles of Incorporation and Bylaws shall constitute and be a contract with the Cooperative and each member, and both the Cooperative and the members are bound by such contract, as fully as though each member had individually signed a separate instrument containing such terms and provisions.

F. Agrees that if the undersigned fails to claim any retirement of capital credits within two years after payment has been made available to the undersigned, such failure shall be and constitute an irrevocable assignment of such capital credit to the Cooperative. Failure to claim any such payment shall include the failure to cash any check mailed to the undersigned by the Cooperative. The assignment shall become effective upon the expiration of two years from the date when such payment was made available and only after the further expiration of sixty days following the giving of a notice by mail and publication. The notice by mail shall be mailed to the undersigned at his last known address and the notice by publication shall be once each week for two consecutive weeks in a newspaper circulated in the serving area of the Cooperative. The sixty day period following such notice shall be deemed to terminate sixty days after the mailing of such notice or sixty days following the last date of publication thereof, whichever is later.

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