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AUP, Privacy, Terms, & Restrictions
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Acceptable Use Policy
United Services, Inc. (dba United Fiber) sets forth the following policy regarding internet use through our fiber network. This document, United Fiber Acceptable Use Policy (“AUP”), governs the use of internet related services provided by United Fiber. All contractual terms also apply.
In this AUP, “Service(s)” refers to any internet related service you receive from United Fiber or its affiliates including, but not limited to dial‐up, High Speed Internet Access, Dedicated Internet access, Managed Service, web hosting, data center hosting, Enterprise hosting, voice services, video services or Unified Messaging. By using any Service you agree to abide by and be bound by the terms and conditions of this AUP. This AUP may be revised by United Fiber at any time by posting on our website @ unitedfiber.com/privacy-statement-2/
VIOLATION OF THIS ACCEPTABLE USE POLICY
Violation of this AUP may result in United Fiber taking actions ranging from a warning to a suspension of privileges or termination of Services United Fiber may, but is under no obligation to: provide you with advance notice of an AUP violation, via e‐mail or otherwise, and request that such violation be immediately corrected prior to taking action. United Fiber reserves the right to act immediately and without notice to suspend or terminate Services in response to a court order or other legal requirement that certain conduct be stopped or when United Fiber determines, in its sole discretion that the conduct may:
- Expose United Fiber to sanctions, prosecution or civil action;
- Cause harm to or interfere with the integrity or normal operations of United Fiber networks or facilities;
- Interfere with another person’s use of United Fiber services or the Internet;
- Damage or disparage the reputation of United Fiber or its services; or
- Otherwise present a risk of harm to United Fiber or United Fiber customers or their
- employees, officers, directors, agents, or other representatives.
United Fiber may refer potential violations of laws to the proper authorities, may cooperate in the investigation of any suspected criminal or civil wrong, and will cooperate with authorities when required to do so by law, subpoena, or when the public safety is at stake. United Fiber assumes no obligation to inform you that your information has been provided to law enforcement authorities and, in some cases, may be prohibited by law from providing such notice. United Fiber. shall not be liable for any damages of any nature suffered by you or any other customer, user, or third party resulting in whole or in part from United Fiber exercising any of its rights under this AUP.
PROHIBITED USES AND ACTIVITIES
General Use Policy
You are responsible for complying with the AUP. You are also responsible for the actions of others who may be using the Services under your account. You must respond in a timely manner to complaints concerning the Services. If United Fiber is alerted to or otherwise becomes aware of violations or potential violations of this AUP, United Fiber will take whatever measures it deems necessary and appropriate to stop or prevent those violations.
Abuse of E‐mail; Spamming
Mass e‐mailing and “mail‐bombing” (sending mass e‐mail or deliberately sending excessively large attachments to one recipient) are prohibited. Business‐class accounts may have different volume limitations and usage will be judged by type of account and the use. Forging e‐mail headers (transmission information) is prohibited. Using another computer, without authorization, to send e‐mail messages or to retransmit e‐mail messages for the purpose of misleading recipients as to the origin is prohibited. Use of e‐mail to harass or intimidate other users is prohibited.
Violation of the CAN‐SPAM Act of 2003, or of any state or federal law regulating e‐mail, is a violation of this AUP and United Fiber reserves the right to seek damages and other available relief against you and/or any third parties as applicable. For purposes of this AUP, such violations are determined by United Fiber in its sole discretion.
No Resale/Sharing of Services
Customer is prohibited from reselling the Service or otherwise making the Service available to third parties (for example, through Wi‐Fi or other methods of networking), in whole or in part, directly or indirectly, unless expressly permitted by your Service agreement.
For residential accounts, you agree that you will not make the Services available to anyone other than your family and household guests. Customer will not resell or redistribute, nor allow others to resell or redistribute, access to the Service in any manner, except as expressly provided in any contract for service. The limitation on resale or redistribution of access includes, but is not limited to, hosting applications such as the provision of e‐mail, FTP, HTTP, VoIP, and Telnet access. Although resale of such services is prohibited, a business rate plan allows for the hosting of these services for the business’s own purpose (ex: employee email, basic business website for marketing).
Facilitating a Violation of this AUP
You are prohibited from advertising, transmitting, or otherwise making available any software, program, product, or service that is designed to violate or facilitate a violation of this AUP and/or any law. This includes, but is not limited to, the facilitation of the means to spam, infringe on copyrights, and pirate software.
Illegal Activity; Tortious Conduct
Any use of the Services to violate any local, state or federal law or regulation also violates this AUP. Prohibited activities include, but are not limited to:
- Transmitting any defamatory, libelous, fraudulent, deceptive, indecent, offensive or obscene materials;
- Using the Services to deliver spyware, or secretly or deceptively obtain the personal information of third parties (e.g., phishing);
- Intentionally spreading computer viruses;
- Exporting software or technical information in violation of U.S. export control laws;
- Gaining unauthorized access to private networks;
- Engaging in the transmission of pirated software;
- Unauthorized copying, distribution or display of copyrighted material;
- Conducting or participating in illegal gambling;
- Soliciting for illegal pyramid schemes through e‐mail or USENET postings;
- Violating rules, regulations, and policies applicable to any network, server, computer database, web site, or ISP that you access through the Services;
- Threatening, harassing, abusing, or intimidating others;
- Engaging in activity, illegal or not, that United Fiber determines in its sole discretion to be harmful to its subscribers, operations, or networks;
- Making fraudulent offers of products, items or services; or
- Creating or attempting to utilize a domain name that is defamatory, fraudulent, indecent,
- offensive, deceptive, threatening, abusive, harassing, or which damages the name or reputation of United Fiber.
Third Party Rules
You may have access through the Services to search engines, subscription Web services, chat areas, bulletin boards, Web pages, USENET, social networking sites or other services that promulgate rules, guidelines or agreements to govern their use. Failure to adhere to any such rules, guidelines, or agreements shall be a violation of this AUP. United Fiber reserves the right not to accept postings from newsgroups where we have actual knowledge that the content of the newsgroup violates the AUP.
As permitted by law, United Fiber may establish appropriate limitations on bandwidth, data storage, or other aspects of the Service by amending this AUP. Subscribers must comply with all such limitations prescribed by United Fiber.
It is your responsibility to ensure the security of your network and the equipment that connects to the Services. You are required to take all necessary steps to secure and manage the use of the Services in such a way to assure that network abuse and/or fraudulent activity is prevented. Violations of system or network security may result in criminal and/or civil liability. Failing to secure your system against abuse or fraudulent activity is a violation of this AUP. You are responsible for configuring and securing your network and the Services to prevent unauthorized access to your systems and/or the United Fiber network. You are also responsible for any fraudulent activity that may occur due to your failure to secure your network and the Services. You will be responsible if unknown third parties utilize the Services at any time for the purpose of illegally distributing licensed software, engaging in abusive behavior or engaging in any type of fraudulent conduct. You may not, through action or inaction (e.g. failure to secure your network), allow others to use your network for illegal, fraudulent or inappropriate uses, and/or any other disruptive, provoking, or abusive behavior that is in violation of these guidelines.
Responsibility for Content
You are responsible for any content you offer or receive through the Service.
If applicable, your password provides access to your individual account. It is your responsibility to keep your password secure. You are responsible for any and all access to or use of the Services through your account. Attempting to obtain another user’s account password is prohibited.
Web Hosting and Data Center Hosting Surveillance
United Fiber performs routine surveillance of its networks in connection with its web hosting, data center hosting, and related services. Although United Fiber will not, as an ordinary practice, proactively monitor your activities for violations of this AUP, there may be instances in which United Fiber, through its routine surveillance finds violations of this AUP, and reserves the right to take whatever action it deems appropriate in its sole discretion.
VI. CONTACT INFORMATION
Contact for Reporting Abuse
Any party seeking to report a violation of this AUP may contact us via e‐mail at email@example.com.
Contact for Copyright Infringement
United Fiber complies with the Online Copyright Infringement Liability Limitation Act of 17 USC 512 (“Act”). As required by the Act, we have a policy that reserves our right to terminate services to subscribers who repeatedly infringe copyrights. If we receive a determination that any subscriber or account holder has infringed another’s copyright through the use of our system or network, we reserve the right to terminate service to that subscriber after receiving notice of any further copyright infringement by that subscriber. United Fiber accommodates and does not interfere with standard technical measures to identify and protect copyrighted works, subject to the limitations of the Act.
Notices and counter‐notices related to claimed copyright infringements should be directed to the following designated agent: IT Manager (DMCA Agent)
Attn: IT Manager (DMCA Agent)
PO BOX 319
Savannah, MO 64485
The customer warrants that they have complete authority to have TV, internet and phone installation(s) made at the requested property and shall fully cover and compensate the company for loss or damage of any kind sustained by it by reason of lack of such authority. At any time during installation of cable television, internet or phone service(s) or at any time after, said service(s) may be terminated or refused without notice for: Having accomplished or assisted or attempting to illegally obtain cable television signals or unauthorized connection to cable television signals, improperly wiring a dwelling with deficient or non-regulation coaxial cable, wiring a dwelling with intent to defraud or obtain cable television service(s) without compensation to United Services, or creating a condition of harmful radio frequency emissions in violation of Federal Communication Commission regulations.
All equipment furnished shall at all times remain the property of the company and the company shall at all reasonable times, have the right to enter the property for the purpose of inspection and repair. The customer shall pay any tax which may be levied by any taxing authority upon the service, facilities, equipment, installation, or business of company except such federal or state income taxes which may be levied upon business concerns.
This service subject to all provisions of the schedule of rates and rules adopted by United Services and are on file in its office and such schedule shall be subject to amendment at any time by United Services. More information on service(s) available and rates and fees will be provided upon request.
In the event of any breech of this agreement by customer, or delinquency in payment for service provided by United Services or failure to abide by the rules and regulations of United Services Inc., all services (including TV, broadband and digital phone service hereunder as well as premium services as applicable) may be forthwith discontinued without notice and at the option of United Services Inc., its property removed. Failure of United Services to remove such property shall not be deemed abandonment thereof. If the service is disconnected for nonpayment the account balance plus a $25 reconnect fee must be paid to have service restored. Delinquent accounts that are paid and reconnected will be changed to a No Credit Extended status which requires future payments to be made by the due date each month to avoid additional service interruptions.
The customer hereby acknowledges receipt of privacy notification. No person shall intercept or receive or attempt to intercept or receive or assist in intercepting or receiving any telecommunication services offered by United Services. This includes the manufacture and/or distribution of equipment intended for unauthorized reception of telecommunication services. Any person who willfully violated Section 633 shall be fined no more than $1,000.00 or imprisoned for no more than six (6) months, or both. Violation for commercial advantage or private financial gain shall be fined not more than $50,000.00 or imprisoned for not more than two (2) years or both for the first offense. Any subsequent offense shall be fined not more than $100,000.00 or imprisoned for not more than five (5) years or both. All services are offered and billed on a monthly subscription basis from United Services, 401North Highway 71 Savannah, Mo 64485. Subscription to any television service(s) is conditional on the above State and Federal laws, Section #633, Section #3926, Section #910, Section #84-230 and the operating policy of United Services. The cable companies Domain of Authority extends throughout the cable system and all connecting cables and devices to the receiving device at the subscriber’s address. Furthermore, authorized representatives of United Services, have the right and authority to inspect cable company property without prior notification under reasonable conditions.
Any check returned unpaid by a bank must be covered by cash, credit card or money order and the account will be billed an additional $25 bank service charge. Any delinquent balance unable to be collected by United Services will be submitted for legal collection and shall include, but not be limited to, basic and premium service(s) rendered, replacement equipment costs and collection fees.
Any service call determined to be “noncable related” will be billed on a time and situation basis minimum thirty-five ($75). All charges unable to be collected will be submitted for legal collections and reports will be filed with customer credit agencies.
Section 631 of the Cable Communications Policy Act of 1984, as amended (the “Cable Act”), requires us to inform you, as a subscriber to cable service or other services provided by United Services, of the following matters.
1. COLLECTION. The Cable Act requires us to inform you of the nature of personally identifiable subscriber information that we collect and of the nature of the use we make of such information. Generally, the Cable Act permits us to collect and use only the information needed for the business of providing cable and other services to subscribers and to detect unauthorized reception of cable communication. In order that we may continue to provide reliable, high-quality service and maintain adequate records, we keep regular business records that contain your name, address, email address, telephone number, social security number, and other such personally identifiable information. Such records include billing, payment, deposit, complaint and service records, records of information you have furnished to us, such as the location and number of television sets connected to cable and the service options you have chosen. We use this information to sell, maintain, disconnect and reconnect services: to make sure that you are being billed properly for the services you receive; to maintain financial, accounting, tax, service and property records including records required by the terms of our franchise; to comply with law; and for the purposes described below.
2. DISCLOSURE. The Cable Act requires us to inform you of the nature, frequency, and purpose of any disclosure which may be made of personally identifiable customer information, including an identification of the types of persons to whom the disclosure may be made. The Cable Act allows us to collect personally identifiable information and to disclose it to a third party only (a) if you consent in advance in writing or electronically; (b) if disclosure is necessary to render cable service and other services we provide to you and related business activities; (c) if disclosure to a non-governmental entity is required pursuant to a court order and you are notified of such order; (d) under the amendments by the Patriot Act, to governmental entities for Electronic Communications Privacy Act authorized disclosures, or otherwise pursuant to the strictures applicable to criminal investigations of customers. We may disclose personally identifiable information to employees, agents and contractors to install, market, provide and audit cable service on each occasion access is needed for the specific job at hand. We may release our customer list for cable-related marketing purposes. Access for these purposes is routine, and does not occur with any specific frequency. Further, we may make our subscriber list available each month to an independent billing house to send bills; to mailing services and programmers each month for sending program guides; to programmers and outside auditors to check our records whenever such checks are required, which occurs irregularly; to attorneys and accountants on a continuous basis as necessary to render service to the company; to potential purchasers in connection with a system sale which occurs only at the time such sale is contemplated and to collection services if required to collect past due bills at such time as reasonable precautions against unauthorized access, use, and disclosure. However, we cannot guarantee that these precautions will prevent every unauthorized attempt to access, use, or disclose your personally identifiable information.
3. RETENTION. The Cable Act requires us to inform you concerning the period during which we will retain customer information. As required by the Cable Act, we destroy customer information that is no longer necessary for the purpose for which it was collected unless there is a legitimate request or order to inspect the information still outstanding. Most, if not all personally identifiable information is retained so long as you are a customer and for such time thereafter as may be necessary to the conduct of our business.
4. BILLING. In the instance of a billing dispute, customers must notify us within 30 days of the bill issue date. If you do not dispute any charges listed on that statement you will be deemed to have waived any rights to contest such charges. All cable subscriptions are based on a 30 day bill cycle.
5. CUSTOMER RIGHTS. As described above, the Cable Act establishes your rights as a customer and the limits upon the cable operator with respect to the collection and disclosure of customer information. You have the right to inspect our records that contain information about you and to correct any error in such information. If you wish to inspect the records at our system office pertaining to you, please contact us at the system business office at the address shown above, during regular business hours Monday through Friday 9:00 am to 4:00 pm. You may bring a private civil action in U.S. district court and you may seek to recover damages, costs and attorney fees if the limits under the Cable Act have been violated.
6. ADDITIONAL INFORMATION FOR OUR TELEPHONE CUSTOMERS: Section 222 of the federal Communications Act provides additional privacy protections for “customer proprietary network information,” also known as “CPNI.” CPNI is information that relates to the quantity, technical configuration, type, destination, location, and amount of use of a telecommunications service, that we receive solely as a result of our provision of telephone service to you. In particular, this includes information contained in our invoices pertaining to telephone service (other than your name, address and phone number), and the details of who you call and who calls you. For your protection, we will not disclose your call detail records over the phone to an inbound caller, and we require the use of password to log into accounts where you can view your call detail information online. We use and disclose CPNI only in very limited circumstances as described below, and our policy is more protective of your privacy than is required by law. Although federal law permits us to use CPNI for certain marketing, we have elected not to use such information for marketing. We also do not provide or sell your CPNI to any third party for marketing activities. We only will use, disclose, or permit access to CPNI to provide you with the services to which you subscribe, including for use in directories; to bill and collect for communications services; to protect our rights or property, or to protect users or other carriers or service providers from fraudulent, abusive or unlawful use of, or subscription to, such service; to provide inside wiring installation, maintenance, or repair services; as required by law; or as expressly authorized by the customer.
If you have any questions, please contact us at 800-585-6454
1. TERMS AND CONDITIONS OF SERVICE AND BILLING PROCEDURES. Customer (Applicant) agrees to be bound by service terms and conditions of United Electric Cooperative, Inc. and/or its subsidiary, United Services, Inc. as listed at www.unitedfiber.com.
2. *MINIMUM SERVICE COMMITMENT AND PAYMENT TERMS. The applicant agrees to take a minimum level of internet Service of up to 25 Mb per second download for the Term selected above at a rate of $39.95 per month. The early termination fees will not exceed the remainder of the Term of Service multiplied by the minimum level of service ($39.95) agreed to in this application. Customer agrees to pay for all services provided by the service provider including but not limited to charges for installation, Equipment, Services, and all applicable local, state or federal fees, taxes and surcharges. The length of term and monthly billing for service begins once the service has been installed and connected to the applicant’s device(s).
3. TRANSFER OF ACCOUNT/CHANGE OF RESIDENCE. The Service shall only be provided to you at the address where United’s installation is performed. Customer may not transfer Customer’s rights or obligation to the Service to any successor tenant or occupant or to any other address without United’s prior written approval.
4. ACCESS ON PREMISES. By entering into this agreement, you hereby grant to United an easement on and through your property to construct, install, maintain, inspect, upgrade, extend, expand, remove and/or replace fiber lines, equipment, material and infrastructure including, but not limited to, poles, wires, fiber optic cables, anchors, guys, cross arms, underground fiber optic cables, and other appurtenances for internal, or commercial purposes. Furthermore, as the owner of the premises at which the Services are provided, you will grant United a perpetual easement, without charge, on and through your premises for the aforementioned purposes. You also hereby grant to United full right of ingress and egress to, from and over the property in question for doing anything neces- sary or useful for the enjoyment of the easement hereby granted. If you are not the owner of the premises, you warrant that you have authority to grant such an easement to United or that you have obtained the consent from the owner of the premises for us to construct, install, maintain, inspect, upgrade, extend, expand, remove and/or replace fiber lines, equipment, material and infrastructure including, but not limited to, poles, wires, fiber optic cables, anchors, guys, cross arms, underground fiber optic cables, and other appurtenances for the aforementioned purposes.
5. CUSTOMER WARRANTIES. You represent and warrant that you are at least 18 years of age and are legally authorized to enter into this Agreement. You warrant that you are legally empowered to authorize United to enter upon the premises for the purposes set forth in this Agreement, including but not limited to: (a) placing fiber optic transmission lines near or adjacent to the current locations of other utilities on the property, and if necessary, to install an above ground pedestal on the premises; (b) attaching wiring and equipment to a structure; and (c) installing, maintaining, repairing, or disconnecting Service.
6. WARRANTY DISCLAIMER; LIMITATION ON DAMAGES. OUR SERVICE IS PROVIDED ON AN“AS IS” AND“AS AVAILABLE” BASIS WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED. WE DO NOT WARRANT THAT THE SERVICE WILL BE UNINTERRUPTED OR ERROR FREE.
7. CUSTOMER INDEMNIFICATION. YOU AGREE THAT YOU SHALL BE RESPONSIBLE FOR AND SHALL DEFEND, INDEMNIFY, AND HOLD HARMLESS UNITED AND ITS EMPLOYEES, AFFILIATES, SUPPLIERS, AGENTS AND CONTRACTORS AND SHALL REIMBURSE US FOR ANY DAMAGES, LOSSES OR EXPENSES (INCLUDING WITHOUT LIMITATION, REASONABLE ATTORNEY’S FEES AND COSTS) INCURRED BY US IN CONNECTION WITH ANY CLAIMS, SUITS, JUDGEMENTS AND CAUSES OF ACTION ARISING OUR OF (i) YOUR USE OF THE SERVICE OR EQUIPMENT; (ii) VIOLATION OR INFRINGMENT OF CONTRACTUAL RIGHTS, PRIVACY, CONFIDENTIALITY, COPY-RIGHT, PATENT, TRADEMARK, TRADE SECRET, OR OTHER INTELLECTUAL PROPERTY AND PROPRIETARY RIGHTS ARISING FROM YOUR USE OF THE SERVICE OR ANY UNAUTHORIZED APPARATURSOR SYSTEM; AND (iii) YOUR BREACH OF ANY PROVISION OF THIS AGREEMENT.
8. SERVICE INTERUPTIONS. We assume no liability for interruption of Service or alterations in programming due to circumstances beyond our control, including without limitation, acts of God, natural disaster, fire, civil disturbance, strike or weather. We assume no liability for any substitution, discontinuation or modifica- tion of any programming. We will restore service within seventy-two (72) hours after you report a service interruption or other problem if the cause was not beyond our control, including without limitation, acts of God, natural disaster, fire, civil disturbance, strike or weather.
9. POWER REQUIREMENTS. The applicant understands that the fiber optic service requires electricity at the applicant’s service location and if an electrical service outage occurs that the fiber optic service, which could include telephone service, will not function during the outage period. By signing this application for broadband services, including but not limited to high speed data, video or phone (individually and collectively “Services”) delivered by United Electric Cooperative, Inc. and its subsidiary (“United Services, Inc.”), I acknowledge that I am at least 18 years of age and legally authorized to agree to the following terms and conditions of service. I understand a suitable deposit may be required for service and/or equipment. I authorize any person, consumer reporting agency or credit reporting agency to compile and furnish United Electric Cooperative, Inc. and its subsidiaries any information it has on me or the entity on whose behalf I am making this application. I certify that I am either the property owner or have permission from the property owner to have services installed.
**Standard Installation includes up to 4 outlets located no more than 125 feet from existing United Fiber plant, primary and secondary outlets only; does not include wall fishing. Custom work includes, but is not limited to, wall fishing, extensive drop ceiling work, including crawlspace, attic work; removal or replacement of fixtures; relocation of drops; installation of customer owned equipment, such as home theaters, DVR and High Definition TV equipment.
Customers must make their own arrangement for any work deemed “custom” by a qualified United Fiber Technician. Leased equipment must be returned to United Fiber if service is cancelled. FCC regulatory fee varies during the year based on FCC mandated schedule. This represents the fee in place as of the printing of this schedule. The names, images, and logos of features programs are the property of their respective owners. Other restrictions may apply. Phone Service and/or TV Service are NOT standalone services and are only available with bundled Internet Service.
Unlimited Local & Domestic territories includes entire United States, Canada, Dominican Republic, Bahamas, US Virgin Islands, Puerto Rico and Guam. International calling plans are available separately.