Moundridge Telephone Company is committed to adhering to the principles
contained in the Federal Communications Commission Internet Policy Statement:
05-151
and 10-201
Acceptable Use Policy and Service
Agreement for Internet Access Services Provided by
Moundridge Telephone Company
THIS AGREEMENT, made and entered as of the date of on-line connection, by and
between Moundridge Telephone Company, dba Moundridge, ("MOUNDRIDGE"), and the
Internet access subscriber, ("Customer"), upon the following terms and
conditions ("Agreement"), including any attachments and documents incorporated
herein by reference.
TERMS AND CONDITIONS
Definitions
The following definitions shall apply to this Agreement:
1. "Customer" and "Customers" shall refer to the Customer named below. To
subscribe to MOUNDRIDGE’s Internet access services the Customer must be at least
18 years old.
2. The "Service" means any and all Internet access services and Internet related
services provided by MOUNDRIDGE.
3. The "Effective Date" is when the Agreement is accepted by MOUNDRIDGE and
hook-up of the Service has occurred which is when the Service is available for
Customer's use, regardless of the status of Customer's equipment.
BILLING
All invoicing to customer for Service provided shall be done either
electronically or by mail. Payment is due upon receipt of invoice per due date
listed. If the Customer's payment is returned to MOUNDRIDGE, unpaid due to
insufficient funds or any other reason, the Customer will be immediately in
default and subject to a return check charge of $30.00 plus all past due
balances. If the Customer defaults, the customer agrees to pay MOUNDRIDGE its
reasonable expenses, including attorney's fees and collection agency fees
incurred in enforcing its rights under this Agreement.
If any Customer is in default, after proper notice has been provided, MOUNDRIDGE
reserves the right to request the entire Service fee or any terms of Service to
be paid in advance before Service is reconnected. Payments received after the
due date herein may incur a late payment charge of up to 1.5% per month.
Rights and Obligations of the Customer
Customer shall, at its own expense, undertake all necessary preparations
required to comply with MOUNDRIDGE's installation and maintenance instructions.
Customer warrants that he/she is at least 18 years of age.
Customer may not use the Service in a manner that violates any applicable local,
state, federal or international law, order or regulation. Additionally, Customer
may not use the Service to:
Conduct, participate in, or otherwise facilitate pyramid or other illegal
soliciting schemes.
Take part in any fraudulent activities, including impersonating any person or
entity or forging anyone else's digital or manual signature.
Invade another person's privacy, stalk, harass, or otherwise violate the rights
of others.
Post, transmit, or disseminate content that is threatening, abusive, libelous,
slanderous, and defamatory, incites hatred, or is otherwise offensive or
objectionable.
Restrict, inhibit, or otherwise interfere with the ability of any other person
to use or enjoy the equipment or the Service, including, without limitation, by
posting or transmitting any information or software which contains a virus,
lock, key, bomb, worm, Trojan horse, cancelbot, or other harmful feature.
Collect or store personal data about other users.
Use an IP address not assigned to you.
Violate any other MOUNDRIDGE policy or guideline.
Resell or redistribute the Service to any third party via any means including
but not limited to wireless technology.
Customer may not use the Service to harm or attempt to harm a minor, including,
but not limited to, by hosting, possessing, disseminating, or transmitting
material that is unlawful, including child pornography or obscene material.
Customer shall be responsible for maintaining its own equipment that interfaces
with the Service.
Customer assumes total responsibility and risk for customer's use of the Service
and other Internet related Services.
Customer is solely responsible for any information that is published on the web
or other Internet services. Customer must ensure that the recipient of the
content is appropriate and must take appropriate precautions to prevent minors
from receiving inappropriate content. MOUNDRIDGE reserves the right to refuse to
post or to remove any information or materials from the Service, in whole or in
part, that it, in MOUNDRIDGE's sole discretion, deems to be offensive, indecent,
or otherwise objectionable.
The Service is designed for personal use of the Internet and may not be used for
commercial purposes. Customer may not resell or otherwise charge others to use
the residential Service. Customer agrees not to use the Service for operation as
an Internet service provider, or for any other business enterprise, including,
without limitation, virtual private network usage, IP address translation, or
similar facilities intended to provide additional access.
Customer may not operate, or allow others to operate, servers of any type or any
other device, equipment, and/or software providing server-like functionality in
connection with the Service, unless expressly authorized by MOUNDRIDGE.
Customer is responsible for any misuse of the Service that occurs through
his/her account. Customer must therefore take steps to ensure that others do not
gain unauthorized access or misuse the Service.
Customer may not use the Service to breach or attempt to breach the security of
another user or attempt to gain access to any other person's computer, software,
or data without the knowledge and consent of such person. The equipment and the
Service may not be used in any attempt to circumvent the user authentication or
security of any host, network or account. This includes, but is not limited to,
accessing data not intended for Customer, logging into or making use of a server
or account you are not expressly authorized to access, or probing the security
of other networks or computers for any reason. Use or distribution of tools
designed for compromising security, such as password guessing programs, cracking
tools, packet sniffers or network probing tools, are prohibited.
Customer is solely responsible for the security of any device connected to the
Service, including any data stored on that device. MOUNDRIDGE recommends that
you take appropriate security precautions for any systems connected to the
Service.
Customer may not disrupt the Service in any manner. Nor shall Customer interfere
with computer networking or telecommunications services to any user, host or
network, including, without limitation, denial of service attacks, flooding of a
network, overloading a service, improper seizing and abuse of operator
privileges or attempts to "crash" a host.
Software or other content downloaded from the Service may contain viruses and it
is Customer's sole responsibility to take appropriate precautions to protect
your computer from damage to its software, files and data. Customer is
prohibited from posting, transmitting or disseminating any information or
software that contains a virus, Trojan horse, worm or other harmful program or
that generates levels of traffic sufficient to impede others' ability to send or
retrieve information. Prohibited conduct of this type includes denial of service
attacks or similarly disruptive transmissions, as well as transmissions
containing other harmful or malicious features.
Customer may not use the Service to send unsolicited bulk or commercial e-mail
messages ("spam"). Any unsolicited e-mail must also not direct the recipient to
any web site or other resource that uses the Service. The Service may not be
used to collect responses from unsolicited e-mail sent from accounts on other
Internet hosts or e-mail services that violates this Policy or the acceptable
use policy of any other Internet service provider. In addition, "mail bombing,"
the sending of numerous copies of the same or substantially similar messages or
very large messages or files with the intent to disrupt a server or account, is
prohibited.
Customer must comply with the current bandwidth, data storage and other
limitations on the Service. Customer must ensure that your activities do not
improperly restrict, inhibit, or degrade any other user's use of the Service,
nor represent (in the sole judgment of MOUNDRIDGE) an unusually large burden on
the network itself. In addition, you must ensure that their activity does not
improperly restrict, inhibit, disrupt, degrade or impede MOUNDRIDGE's ability to
deliver the Service and monitor the Service, backbone, network nodes, and/or
other network services. MOUNDRIDGE may terminate, suspend, or require you to
upgrade the Service and pay additional fees if MOUNDRIDGE, in its sole
discretion, determines that that you are using excessive bandwidth.
You understand and agree that the cancellation of this agreement is your sole
right and remedy with respect to any dispute with MOUNDRIDGE. This includes, but
is not limited to any dispute related to, or arising out of:
▪ Any term of this agreement or MOUNDRIDGE's enforcement or application of this
agreement;
▪ Any policy or practice of MOUNDRIDGE or enforcement or application of its
policies;
▪ Your ability to access and/or use MOUNDRIDGE's Internet services, or the
amount or type of fees, surcharges, applicable taxes, billing methods, or any
change to the fees, applicable taxes, surcharges, or billing methods.
Equipment or Software
1. MOUNDRIDGE shall not be responsible for the installation, operation or
maintenance of equipment or software unless contracted by the Customer through
MOUNDRIDGE, nor shall MOUNDRIDGE be responsible for the transmission or
reception of information by equipment or software not installed by MOUNDRIDGE.
2. Customer shall be responsible for the use and compatibility of all equipment
or software not installed by MOUNDRIDGE.
Rights and Obligations of MOUNDRIDGE; Disclaimer of Warranties
1. MOUNDRIDGE shall operate and maintain the Service. Customer acknowledges that
Service is subject to transmission limitations caused by atmospheric,
topographical and any other like conditions. Additionally, Service may be
temporarily refused, limited, interrupted or curtailed due to governmental
regulations or orders, system capacity limitations, limitations imposed by an
underlying communications carrier, or because equipment modifications, upgrades,
repairs, or reallocations or other similar activities necessary or proper for
the operation or improvement of MOUNDRIDGE's Service.
2. Customer understands that neither MOUNDRIDGE nor any of its affiliates
operates or controls the Internet in any way, and that all merchandise,
information and services offered or made available or accessible on the Internet
are offered or made available or accessible by third parties who are not
affiliated with MOUNDRIDGE or its affiliates. Neither MOUNDRIDGE nor its
affiliates make any express or implied warranties, representations or
endorsements whatsoever (including without limitation warranties of title of
merchantability or fitness for a particular purpose) with regard to any
merchandise, information or service provided through the Internet, and it shall
not be liable for any costs or damage arising either directly or indirectly from
any such transaction. It is solely Customer's responsibility to evaluate the
accuracy, completeness and usefulness of all opinions, advice, services, and
other information, and the quality and merchantability of all merchandise,
provided through the Service or on the Internet generally.
3. Customer understands and expressly acknowledges that the Internet contains
unedited materials, some of which are sexually explicit or may be offensive to
some people. Customers access such material at customer's own risk. Customer
acknowledges that MOUNDRIDGE is not liable to customer for any claims, loss,
damages or costs which may result from such materials accessed on the Internet
through the Service.
4. Customer acknowledges that the Service and Internet systems use public access
facilities to transmit voice and data communications and that this Service may
not be completely private. Thus MOUNDRIDGE is not liable to customer for any
claims, loss, damages or costs which may result from lack of privacy on the
Service.
5. The Service is provided on an "as is" and "as available" basis without
warranties of any kind, either express or implied, including but not limited to
warranties of title, non-infringement or implied warranties of merchantability
or fitness for a particular purpose. MOUNDRIDGE does not warrant that the
Service will be uninterrupted or error free or that any information, software or
other material accessible on the Service is free of viruses, worms, Trojan
horses, or other harmful components.
6. Customer acknowledges and agrees that under no circumstances shall
MOUNDRIDGE, its affiliates or its contractors be liable for any direct,
indirect, incidental, special, punitive or consequential damages that result in
any way from Customer's use of or inability to use the Service or to access the
Internet or any part thereof, or Customer's reliance on or use of information
obtained from the Service, or that result from mistakes, omissions,
interruptions, deletion of files, errors, defects, delays in operation, or
transmission or any failure of performance.
7. MOUNDRIDGE has no obligation to monitor the Service. However, Customer agrees
that MOUNDRIDGE has the right to monitor the Service electronically from time to
time and to disclose any information necessary to satisfy any law, regulation or
other governmental request, to operate the Service properly or to protect itself
or its subscribers and/or Customers.
8. Notwithstanding any of the foregoing representations and terms of this
Agreement, MOUNDRIDGE reserves the right to terminate Service immediately and
without notice to Customer in order to maintain system integrity or to comply
with any law, regulation, court order or other governmental request.
9. Transmission of any material in violation of any United States or state law
or regulation is strictly prohibited. This includes, but not limited to
copyrighted material, threatening or obscene material, or material protected by
trade secret. To the extent any material is utilized by Customer, Customer
agrees to indemnify and hold harmless MOUNDRIDGE, its officers, agents and
employees from any claims and damages resulting from Customers use of the
Service which may damage the Customer or any other party.
Indemnity
Customer agrees to defend, indemnify and hold MOUNDRIDGE and its affiliates
harmless from any and all liabilities, costs and expenses, including reasonable
attorney's fees, related to or arising from:
1. Any violation of this Agreement by Customer;
2. The use of the Service or Internet related Services or the placement or
transmission of any messages, information, software or other material on the
Service by Customer;
3. Negligent acts or omissions of Customer's officers, employees, agents or
contractors in connection with the construction, installation, maintenance,
presence, use or removal of systems, channels, or terminal equipment or software
not provided by MOUNDRIDGE, which are connected or are to be connected to the
Service;
4. Claims for infringement of patents arising from the use of the equipment and
software, apparatus and systems not provided by MOUNDRIDGE in connection with
the Service.
NETWORK
MANAGEMENT AND LIMITATIONS ON DATA CONSUMPTION
MOUNDRIDGE
manages its network with one goal: to deliver the best possible broadband
Internet experience to all of its customers. High-speed bandwidth and network
resources are not unlimited. Managing the network is essential as
MOUNDRIDGE
works to promote the use and enjoyment of the Internet by all of its customers.
The company uses reasonable network management practices that are consistent
with industry standards.
The
Service is for personal and non-commercial residential use only. Therefore,
MOUNDRIDGE
reserves the right to suspend or terminate Service accounts where data
consumption is not characteristic of a typical residential user.
MOUNDRIDGE
reserves the right to establish a monthly data consumption threshold per
customer, should future requirements arise.
NETWORK
TRANSPARENCY
Network
Management Practices
MOUNDRIDGE
provides quality Internet services through proactive network management
practices. The network is monitored utilizing real-time evaluation including
fault isolation and root-cause analysis. The information is integrated into an
automated system with automated call-out and escalation procedures.
Uplink
utilization is trended using monthly reporting. Uplink capacity is added
proactively as required.
SPAM
filtering for e-mail services is provided via the web portal interface. If POP3
or IMAP services are used via customer supplied software, SPAM filtering must be
provided by the customer machine, if required. SPAM may contain harmful
information, links, and attachments.
The customer assumes ALL risks associated with the use of ANY e-mail or
ANY other service, application, or web use.
Network
congestion rarely occurs in the network due to applied engineering practices.
Pre-defined concentration ratios are adhered to throughout the network.
Inter-network and Intra-network ratios are evolving as the nature of traffic and
customer habit’s change. Planning and network upgrades insure network
concentration points are updated ahead of the growth curve in most cases. The
primary cause of network congestion results from a hardware or software
malfunction or failure. The customer may experience mild network congestion
during peak usage times.
Since
network security is paramount,
MOUNDRIDGE
has ensured that its network is as secure as possible. The very nature of the
“OPEN” Internet provides ample opportunity for security threats and breaches.
For
this reason,
MOUNDRIDGE
recommends that every customer utilize a firewall for each computer. In
addition, the customer should keep current with all operating system upgrades
and patches to ensure protection against the looming threats. A reputable
anti-virus program is also recommended for each customer computer. Again,
MOUNDRIDGE
is not responsible for ANY damage to hardware or software regardless of the
customers’ adherence to the recommended practices. The prior are “best
practices” for the industry and are provided as recommendations only.
Network
Blocking
MOUNDRIDGE
is in complete compliance with FCC order 10-201. That being said, in no way will
MOUNDRIDGE
participate in the practice of blocking ports, applications, or any other lawful
content. Subscriber blocking is reserved for the following:
Unlawful activity, non-adherence to reasonable usage, spamming, non-payment,
infected with a virus or bot net, affecting network performance for other
customers, anything that degrades or may be harmful to the network or other
customers.
Performance Characteristics
The
following technologies are utilized to deliver high speed internet to
MOUNDRIDGE
customers. Each customer qualifies for only one of the appropriate technologies.
The network is in a revolving state of upgrade.
Service
Description:
ADSL:
Asymmetrical Digital Subscriber Line provides high speed internet
allowing for faster download speeds and slower upload speeds. The nature of
internet traffic typically melds well with this technology as the consumer
typically makes a request (small amount of data) and receives a larger amount of
information in return. The maximum amount of data provided upstream is 1 Mb/s.
ADSL is a rate adaptive technology, meaning that if your line is not capable of
1 Mb/s up stream (or Down), it will get as close as it can to the desired
bandwidth. Some ADSL application are capable of downloads in excess of 20 Mb/s.
Service
Offerings:
Asymmetrical Digital Subscriber Line (ADSL)
(A)
768k Download and 512k Upload
Expected Latency 5 ms to
MOUNDRIDGE
backbone router default gateway
Suitable for most real-time applications
(B)
1.5 Mb/s Download and 1 Mb Upload
Expected Latency 5 ms to
MOUNDRIDGE
backbone router default gateway
Suitable for most real-time applications
(C) 2
Mb/s Download and 1 Mb Upload
Expected Latency 5 ms to
MOUNDRIDGE
backbone router default gateway
Suitable for most real-time applications
(D) 4
Mb/s Download and 1 Mb Upload
Expected Latency 5 ms to MOUNDRIDGE backbone router default gateway
Suitable for most real-time applications
Commercial Terms
Monthly prices, usage-based fees, and fees for early termination or additional
network services are handled on individual case basis.
Privacy
Network management practices rarely entail individual specific inspection of
network traffic.
MOUNDRIDGE may retain personal customer information in its regular business
records as long as someone is a customer or until no longer needed for business
or legal purposes.
This information is not provided to third parties,
or used by the carrier for non-network management purposes.
Miscellaneous Terms and Provisions
1. This Agreement shall be governed by and construed in accordance with the laws
of the State of Kansas without regards to its conflict of law provisions. Any
cause of action Customer may have with respect to the Service must be commenced
within one (1) year after the claim or cause of action arises or such claim or
cause of action shall be barred.
2. This Agreement constitutes the entire Agreement between Customer and
MOUNDRIDGE with respect to the Service to be provided. There may be additional
terms and conditions if you use affiliate services such as DSL.
3. Neither this Agreement nor Customer's rights hereunder shall be assignable by
Customer except with MOUNDRIDGE's prior written consent. The conditions hereof
shall bind any permitted successors and assigns of Customer.
4. If any part of this Agreement is contrary to or prohibited by or deemed
invalid under applicable laws and regulations of any applicable jurisdiction,
the remaining provisions and parts thereof shall remain and be construed in full
force and effect to the extent permitted by law.
5. By reading these terms and conditions, Customer states that he/she has proper
authorization to contractually and financially bind itself and any associates
entity subscribing to the Service.
6. The Internet and online world is changing rapidly and as technology and
MOUNDRIDGE's business continue to evolve, MOUNDRIDGE's policies and this
Internet Use Agreement may have to be updated or revised. Since the terms of
this agreement and MOUNDRIDGE's policies may change you should check the
MOUNDRIDGE website for the most current versions. For the same reasons, it may
be necessary for MOUNDRIDGE to update and revise certain provisions of this
agreement. By accepting this agreement you agree that MOUNDRIDGE may change the
terms of this agreement and that if MOUNDRIDGE makes material changes or
revisions to this agreement, we will provide notice to you 30 days in advance.
If you do not agree to the changes proposed by MOUNDRIDGE, or to any of the
terms in this agreement, your only remedy is to cancel this agreement pursuant
to the terms contained herein.
Moundridge Telephone Company is committed to providing the best online
experience possible for all of its customers.
If you have any questions regarding Moundridge’s Pricing, Monitoring and
other Network Practices, please contact a Moundridge Telephone Company
representative at:
Moundridge Telephone Company
109 N.
Christian St.
Moundridge, KS 67107
620.345.2831 – Office
800-290-4599
–
Internet Technical Support