Public Service Policies
Public Service Communications (“Public Service” or “Company”),
What types of information does Public Service collect?
Public Service may collect two types of information: personal information and non-personal information. “Personal information” refers to information that is particular to you, such as, your name, address, phone number, fax number, and e-mail address. “Non-personal information” refers to information that does not by itself identify a specific individual. This information may include Public Service’s website Uniform Resource Locator (“URL”) that you just came from, what browser you are using and your Internet Protocol (“IP”) address.
How do we collect information from you?
In general, Public Service does not collect personal information on this site without your knowledge and active participation. You may visit our site without divulging any personal information; however, there are areas of this site that might require personal information in order to contact Public Service directly, specifically, when registering e-mails, obtaining remote access, and contacting online technical support.
Information is collected on this site in the following ways:
- Browsing our site
Public Service may collect IP addresses for the purposes of system administration, to gather broad demographic information, and to monitor the level of activity on our site. Public Service may collect information from visitors to our site regarding the referring URL, your IP address, which browser you used to come to our site, and the pages of our site that you viewed during your visit and any search terms entered on our site.
“Cookies” are small pieces of information that are stored by your browser on your computer hard drive. Our cookies do not contain any personally identifying information. Your web browser may allow you to be notified when you are receiving a cookie, giving you the choice to accept it or not. While you can still navigate through our site if you do not accept cookies, you may not be able to register for e-mails or obtain remote access from Public Service.
As noted above, on Public Service’s website, you are given the opportunity to send email to us. Public Service retains the information in any e-mail that you send to us, such as your name, e-mail address, address, telephone number, etc. Public Service may periodically send you e-mails or other company information. Public Service will not send you e-mails if you have previously requested us not to do so and/or have not registered to receive them.
Public Service reserves the right to access broadband traffic from individual accounts for the purposes of general maintenance and management of the network, as well as upon request by law enforcement officials.
How is your personal information used?
Public Service uses your information in connection with delivering its products and services to you. More importantly, Public Service wants to deliver a compelling online experience that will keep customers coming back to visit the service again and again. Public Service uses the information supplied to it as a means to personalize portions of the service. Some of these personalized services are made available directly by Public Service, while others may be offered by its content partners. In addition, Public Service analyzes and evaluates customer preferences, comments, and criticisms of its offerings in order to make improvements to the present and future versions of the service.
Public Service uses the personal information it collects to provide you with information or samples that you have requested. In addition, we use the non-personal information we collect to provide you with a better site experience in the future. Public Service does not rent, sell or trade your private information to any non-affiliated third party.
Who is collecting your information?
While you are on Public Service’s website, the Company may collect non-personal and e-mail information. In addition, we will provide links in Public Service’s website to third party websites. Public Service is not responsible for
With whom do we share your information?
As described above, some of your information may be shared with third parties as a result of your navigation to the third party web site. In addition and with your prior authorization,
How does Public Service protect your personal information?
Public Service takes reasonable precautions to protect your personal information against unauthorized access by storing the information on a secure server, which is accessible only by authorized personnel.
Unfortunately, no data transmission over the Internet can be guaranteed to be 100% secure and we will not be held liable should a third party illegally obtain your personal information. While we have made significant efforts to protect your personal information, we cannot ensure or warrant the security of any information you transmit to us, and you do so at your own risk.
Public Service takes special care to protect the safety and privacy of young people using its services. The Public Service site does not knowingly collect information about children and the majority of its site is not specifically directed to children. Public Service believes that children should get their parents’ consent before giving out any personal information. Public Service encourages parents and legal guardians to participate in their child’s experience on its website. Children should always ask a parent for permission before sending personal information to Public Service, or to anyone on the Internet.
How do you provide consent?
By using Public Service’s website, you agree with our Privacy Statement and our policies and procedures contained herein regarding the collection and sharing of your information.
How often are changes made to the Privacy Statement and how will you learn of the
Public Service reserves the right to change, modify or update this Privacy Statement at any time without notice. In the event of any modification, we will post the changes in this Privacy Statement so that you will always know what information we are gathering and how we might use that information. However, if such changes are material, we will either announce the change on the home page of the site or take such other action as we deem appropriate under the circumstances. Accordingly, you should periodically visit this page to determine the current Privacy Statement to which you are bound.
Internet Acceptable Use Policy
Public Service Communications (“Public Service” or “Company”) parent company for Public Service Telephone, Flint Cable Television, Public Service Data d/b/a PSTEL.Net and PS Wireless, has adopted this Acceptable Use Policy (“AUP”) to outline the acceptable use of Public Service’s Broadband Internet service (“Broadband Service”). This AUP is in addition to any restrictions contained in the Public Service “Terms and Conditions” available at Public Service’s website at www.pstel.net. Please refer to the Frequently Asked Questions (“FAQs”) at www.pstel.net, or at any Public Service subsidiary website, which includes explanations of how Public Service implements and applies many of the provisions contained in this AUP.
All capitalized terms used in this AUP that are not defined here have the meanings given to them in the Subscriber Agreement.
You, the customer, must comply with this AUP. Your failure to do so could result in the suspension or termination of your Broadband Service account. If you do not agree to comply with this AUP, you must immediately stop all use of the Broadband Service and notify Public Service so that it can close your account.
Public Service may revise this AUP from time to time by posting a new version on the Web site at www.pstel.com (the “Public Service website”). Public Service will use reasonable efforts to make customers aware of any changes to this AUP, which may include sending e-mail announcements or posting information on the Public Service website. Revised versions of this AUP are effective immediately upon posting. Accordingly, customers of the Public Service Broadband Internet Broadband Service should read any Public Service announcements they receive and regularly visit the Public Service web site and review this AUP to ensure that their activities conform to the most recent version. If you have questions regarding this AUP, or to report violations of it, you can contact Public Service at www.pstel.com. To report illegal content on the Internet go to www.ftc.gov.
I. Prohibited Uses and Activities
In general, this AUP prohibits uses and activities involving the Broadband Service that are illegal, infringe the rights of others, or interfere with or diminish the use and enjoyment of the Broadband Service by others.
A. Network and Usage Restrictions
No user of the Broadband Service, Customer Equipment, or Public Service Equipment may, individually or in combination with another:
- restrict, inhibit, or otherwise interfere with the ability of any other person, regardless of intent, purpose or knowledge, to use or enjoy the Broadband Service (except for safety and security functions such as parental controls, for example), including, without limitation, posting or transmitting any information or software which contains a worm, virus, or other harmful feature, or generating levels of traffic sufficient to impede others’ ability to use, send,
or retrieve information;
- restrict, inhibit, interfere with, or otherwise disrupt
performanceof the Broadband Service or cause a performance degradation regardless of intent, purpose or knowledge, to the Broadband Service or any Public Service (or Public Service supplier) host, server, backbone network, node or service, or otherwise cause a performance degradation to any Public Service (or Public Service supplier) facilities used to deliver the Broadband Service;
- resell the Broadband Service or otherwise make available to anyone outside the Premises the ability to use the Broadband Service (for example, through wi-fi or other methods of networking), in whole or in part, directly or indirectly. The Broadband Service is for personal and non-commercial residential use only and you agree not to use the Broadband Service for operation as an Internet service provider or for any business enterprise or purpose (whether or not for profit);
- connect the Public Service Equipment to any computer outside of your Premises;
- interfere with computer networking or telecommunications service to any user, host or network, including, without limitation, denial of service attacks, flooding of a network, overloading a service, improper seizing and abusing operator privileges, and attempts to “crash” a host; and
- accessing and using the Broadband Service with anything other than a dynamic Internet Protocol (“IP”) address that adheres to the dynamic host configuration protocol (“DHCP”). You may not configure the Broadband Service or any related equipment to access or use a static IP address or use any protocol other than DHCP unless you are subject to a Broadband Service plan that expressly permits you to do so.
B. Conduct and Information Restrictions
No user of the Broadband Service, Customer Equipment, or Public Service’s Equipment may, individually or in combination with another:
- avoid incurring charges for or otherwise being required to pay for usage of the Broadband Service;
- invade another person’s privacy, stalk, harass, or otherwise violate the rights of other persons;
- undertake or accomplish any unlawful purpose. This includes, but is not limited to, posting, storing, transmitting or disseminating information, data or material which is libelous, obscene, unlawful, threatening or defamatory, or which infringes the intellectual property rights of any person or entity, or which in any way constitutes or encourages conduct that would constitute a criminal offense, or otherwise violate any local, state, federal, or non-U.S. law, order, or regulation;
- post, store, send, tr
ansmit, ordisseminate any information or material which a reasonable person could deem to be unlawful;
- upload, post, publish, transmit, reproduce, create derivative works of, or distribute in any way information, software or other material obtained through the Broadband Service or otherwise that is protected by copyright or
other proprietary right, without obtaining any required permission of the owner;
- collect, or attempt to collect, personal information about third parties without their consent;
- transmit unsolicited bulk or commercial messages commonly known as “spam;”
- send voluminous copies of the same or substantially similar messages, empty messages, or messages which contain no substantive content, or send very large messages or files that disrupts a server, account, blog, newsgroup, chat, or similar service;
- initiate, perpetuate, or in any way participate in any pyramid or
other illegal scheme;
- participate in the collection of voluminous amounts of e-mail addresses, screen names, or other identifiers of others (without their prior consent), a practice sometimes known as spidering or harvesting, or participate in the use of software (including “spyware”) designed to facilitate this activity;
- collect responses from unsolicited bulk messages;
- falsify, alter, or remove message headers;
- falsify references to Public Service or its network, by name or
other identifier, in messages;
- impersonate any person or entity, engage in sender address falsificati
on, forge anyone else’s digitalor manual signature, or perform any other similar fraudulent activity (for example, “phishing”);
- violate the rules, regulations, terms of service, or policies applicable to any network, server, computer database, service, application, system, or Web site that you access or use.
C. Technical Restrictions
No user of the Broadband Service, Customer Equipment, or the Public Service Equipment may, individually or in combination with another:
- use the Internet service or facilities for web-hosting, e-mail hosting, or other unusually high-bandwidth consumption unless you have made special subscription arrangements with Public Service and the
usagedoes not otherwise violate law or regulation;
- access any other person’s computer or computer system, network, software, or data without his or her knowledge and consent; breach the security of another user or system; or 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 you, logging into or making use of a server or account you are not expressly authorized to access, or probing the security of other hosts, networks, or accounts without express permission to do so;
- use or distribute tools or devices designed or used for compromising security or whose use is otherwise unauthorized, such as password guessing programs, decoders, password gatherers, keystroke loggers, analyzers, cracking tools, packet sniffers, encryption circumvention devices, or Trojan Horse programs. Unauthorized port scanning is strictly prohibited;
- copy, distribute, or sublicense any proprietary software provided in connection with the Broadband Service by Public Service or any third party, except that you may make one copy of each software program for back-up purposes only;
- distribute programs that make unauthorized changes to software (cracks);
- use or run dedicated, stand-alone equipment or servers from the Premises that provide network content or any other services to anyone outside of your Premises local area network (“Premises LAN”), also commonly referred to as public services or servers. Examples of prohibited equipment and servers include, but are not limited to, e-mail, Web hosting, file sharing, and proxy services and servers;
- use or run programs from the Premises that provide network content or any other services to anyone outside of your Premises LAN, except for personal and
- service, alter, modify, or tamper with Public Service Equipment or Broadband Service or permit any other person to do the same who is not authorized by Public Service.
II. Customer Conduct and Features of the Broadband Service
A. Customer Obligations
In addition to being responsible for your own compliance with this AUP, you are also responsible for any use or misuse of the Broadband Service that violates this AUP, even if it was committed by a friend, family member, or guest with access to your Broadband Service account. Therefore, you must take steps to ensure that others do not use your account to gain unauthorized access to the Broadband Service by, for example, strictly maintaining the confidentiality of your Broadband Service login and password. In all cases, you are solely responsible for the security of any device you choose to connect to the Broadband Service, including any data stored or shared on that device. It is also your responsibility to secure the Customer Equipment and any other Premises equipment or programs not provided by Public Service that
B. Public Service’s Rights
Public Service reserves the right to refuse to transmit or post, and to remove or block, any information or materials, in whole or in part, that it, in its sole discretion, deems to be in violation of Sections I or II of this AUP, or otherwise harmful to Public Service’s network or customers using the Broadband Service, regardless of whether this material or its dissemination is lawful so long as it violates this AUP. Neither Public Service nor any of its affiliates, suppliers, or agents have any obligation to monitor transmissions or postings (including, but not limited to, e-mail, file transfer, blog, newsgroup, and instant message transmissions) made on the Broadband Service. However, Public Service and its affiliates, suppliers, and agents have the right to monitor these transmissions and postings from time to time for violations of this AUP and to disclose, block, or remove them in accordance with this AUP, the Subscriber Agreement, and applicable law.
C. Service Restrictions
All of Public Service’s network and system services are provided according to scheduled fees for each type of service. You agree to use such services in accordance with the terms set forth below.
1.) Email and Web-Hosting Services
(i) Unsolicited Email Prohibited – You may not use Public Service-hosted email addresses for the purpose of sending unsolicited email. You may not use or
cause to be used Public Service’s equipment, network connectivity, or other resources to originate, deliver, relay or otherwise transmit unsolicited email
messages. You may not engage in any of the foregoing prohibited activities by using the service of any other provider, third-party agent, remailing service or address forwarding service, in such a way that Public Service’s network addresses or Public Service-hosted web or email services are in any way
identified as being associated with the sending of unsolicited email.
(ii) Unauthorized use, or forging, of mail header information (e.g. “
(iii) Fraudulent Activity Prohibited – You may not use the Public Service email and web-hosting services to make fraudulent offers to sell or buy products, items,
services, or to advance any type of financial scam such as “pyramid schemes”, “Ponzi schemes”, or “chain letters.” You may not use techniques to hide or obscure the source of any e-mail or other communications.
(iv) Public Service reserves the right to suspend or delay delivery of email to
if the volume of email being redirected, stored, or delivered on the Customer’s behalf is deemed excessive. Excessive traffic is defined as any amount of email
traffic that noticeably degrades performance on the server in question, in the sole discretion of Public Service. Stored mail exceeding these limits may be
transferred to a compressed file at Public Service’s discretion. Public Service will attempt to notify the account holder via the account contact information on
record; however, Public Service reserves the right to delete the contents of such email boxes upon thirty (30) days after attempted notification.
The Broadband Service may not be used to communicate or distribute e-mail or other forms of communications in violation of Section I of this AUP. As described below in Section III of this AUP. Public Service uses reasonable network management tools andtechniques to protect customers from receiving spam and from sending spam (often without their knowledge over an infected computer).
Public Service is not responsible for deleting or forwarding any e-mail sent to the wrong e-mail address by you or by someone else trying to send
2.) Instant, Video, and Audio Messages
Each user is responsible for the contents of his or her instant, video, and audio messages and the consequences of any of these messages. Public Service assumes no responsibility for the timeliness, nondelivery, deletion, or failure to store these messages. In the event that a Broadband Service account is terminated for any reason, all instant, video, and audio messages associated with that account (and any secondary accounts) will be permanently deleted as well.
3.) Personal Web Pages and File Storage
As part of the Broadband Service, Public Service provides access to personal Web pages and storage space through the Personal Web Pages and Online Storage features (collectively, the “Personal Web Features”). You are solely responsible for any information that you or others publish or store on the Personal Web Features. You are also responsible for ensuring that all content made available through the Personal Web Features is appropriate for those who may have access to it. For example, you must take appropriate precautions to prevent minors from receiving or accessing inappropriate content. Public Service reserves the right to remove, block, or refuse to post or store any information or materials, in whole or in part, that it, in its sole discretion, deems to be in violation of Section I of this AUP. For purposes of this AUP, “material” refers to all forms of communications including text, graphics (including photographs, illustrations, images, drawings, logos), executable programs and scripts, video recordings, and audio recordings. Public Service may remove or block content contained on your Personal Web Features and terminate your Personal Web Features and/or your use of the Broadband Service if we determine that you have violated the terms of this AUP.
III. Network Management and Limitations on Data Consumption
Public Service manages its network with the goal of delivering a fast, safe and uncompromised broadband Internet experience to all of its customers. But, high-speed bandwidth and network resources are not unlimited. Managing the network is essential for the promotion of best possible Broadband Internet experience by all of Public Service’s customers. The company uses reasonable network management practices that are consistent with industry standards. Public Service tries to use tools and technologies that are minimally intrusive and, in its independent judgment guided by industry experience, among the best in class. Of course, the company’s network management practices will change and evolve along with the uses of the Internet and
the challenges and threats on the Internet. All broadband Internet service providers manage their networks. Many of them use the same
or similar tools that Public Service does. If the company didn’t manage its network, its customers would be subject to the negative effects of spam, viruses, security attacks, network congestion, and other risks and degradations of service. By engaging in responsible network management including enforcement of this AUP, Public Service can deliver the best possible broadband Internet experience to all of its customers. For more information, visit one of Public Service’s websites at www.pstel.com, www.pstel.net, www.psdatawireless.com or www.flintcatv.com.
A. Network Management
Public Service uses various tools and techniques to manage its network, deliver the Broadband Service, and ensure compliance with this AUP and the Subscriber Agreement. These tools and techniques are dynamic, like the network and its usage, and can and do change frequently. Public Service’s network management practices may include (i) identifying spam and preventing its delivery to customer e-mail accounts, (ii) detecting malicious Internet traffic and preventing the distribution of viruses or other harmful code or content, (iii) temporarily lowering the priority of traffic for users who are the top contributors to
B. Network Usage and Data Consumption Restrictions
You acknowledge that all of the Public Service Internet services are intended for periodic, active use of email, user newsgroups, transfers via FTP, Internet chat, Internet games, and browsing of the Internet. You must comply with all current bandwidth, data storage, and other limitations on Public Service’s Internet Services established by Public Service and Public Service suppliers. You agree not to intentionally use Public Service’s Internet Services on a standby or inactive basis in order to maintain a connection. The excessive use or abuse of Public Service’s network resources by one Customer may have a negative impact on all other Customers. Accordingly, you may not use Public Service’s Internet Services or take any action, directly or indirectly, that will result in excessive consumption or utilization of the system or network resources, or which may weaken network performance, as determined by Public Service’s sole discretion. Such prohibited actions include, but are not limited to: using Public Service’s Internet Services to host a web server site which attracts excessive traffic at your location, continuously uploading or downloading streaming video or audio, use net hosting, continuous FTP uploading or downloading, or acting in a manner that negatively
Common activities that may cause excessive data consumption in violation of this AUP
your use of the Broadband Service does not restrict, inhibit, interfere with, or degrade any other person’s use of the Broadband Service, nor represent (as determined by Public Service in its sole discretion) an overly large burden on the network. In addition, you must ensure that your use of the Broadband Service does not limit or interfere with Public Service’s ability to deliver and monitor the Broadband Service or any part of its network.
If you use the Broadband Service in violation of the restrictions referenced above, that is a violation of this AUP. In these cases, Public Service may, in its sole discretion, suspend or terminate your Broadband Service account or request that you subscribe to a version of the Broadband Service (such as a commercial grade Internet service, if appropriate) if you wish to continue to use the Broadband Service at higher data consumption levels. Public Service may also provide versions of the Broadband Service with different speed and data consumption limitations, among other characteristics, subject to applicable Broadband Service plans. Public Service’s determination of the data consumption for Broadband Service accounts is final.
IV. Violation of this Acceptable Use AUP
Public Service reserves the right to immediately suspend or terminate your Broadband Service account and terminate the Subscriber Agreement if you violate the terms of this AUP or the Subscriber Agreement.
Public Service does not routinely monitor the activity of individual Broadband Service accounts for violations of this AUP, except for determining aggregate data consumption in connection with the data consumption provisions of this AUP. However, in the company’s efforts to promote good citizenship within the Internet community, it will respond appropriately if it becomes aware of inappropriate use of the Broadband Service. Public Service has no obligation to monitor the Broadband Service and/or the network. However, Public Service and its suppliers reserve the right at any time to monitor bandwidth, usage, transmissions, and content in order to, among other things, operate the Broadband Service; identify violations of this AUP; and/or protect the network, the Broadband Service and Public Service users.
Public Service prefers to inform customers of inappropriate activities and give them a reasonable period of time in which to take corrective action. Public Service also prefers to have customers directly resolve any disputes or disagreements they may have with others, whether customers or not, without Public Service’s intervention. However, if the Broadband Service is used in a way that Public Service or its suppliers, in their sole discretion, believe violates this AUP, Public Service or its suppliers may take any responsive actions they deem appropriate under the circumstances with or without notice. These actions include, but are not limited to, temporary or permanent removal of content, cancellation of newsgroup posts, filtering of Internet transmissions, and the immediate suspension or termination of all or any portion of the Broadband Service (including but not limited to newsgroups). Neither Public Service nor its affiliates, suppliers,
Public Service reserves the right to investigate suspected violations of this AUP, including the gathering of information from the user or users involved and the complaining party, if any, and examination of material on Public Service’s servers and network. During an investigation, Public Service may suspend the account or accounts involved and/or remove or block material that potentially violates this AUP. You expressly authorize and consent to Public Service and its
suppliers cooperating with (i) law enforcement authorities in the investigation of suspected legal violations, and (ii) and system administrators at other Internet service providers or other network or computing facilities in order to enforce this AUP. Upon termination of your Broadband Service account, Public Service is authorized to delete any files, programs, data, email and other messages associated with your account (and any secondary accounts).
The failure of Public Service or its suppliers to enforce this AUP, for whatever reason, shall not be construed as a waiver of any right to do so at any time. You agree that if any portion of this AUP is held invalid or unenforceable, that portion will be construed consistent with applicable law as nearly as possible, and the remaining portions will remain in full force and effect. You agree to indemnify, defend and hold harmless Public Service and its affiliates, suppliers, and agents against all claims and expenses (including reasonable attorney fees) resulting from any violation of this AUP. Your indemnification will survive any termination of the Subscriber Agreement.
V. Copyright and Digital Millennium Copyright Act Requirements
Public Service is committed to complying with U.S. copyright and related
Network Management Policy
Public Service Communications (“Public Service” or “Company”) is the parent company for Public Service Telephone, Flint Cable Television, Public Service Data d/b/a PSTEL.Net and PSData Wireless, each offering broadband internet services, and provides this Policy in order to
disclose its network management practices in accordance with the FCC’s Open Internet Rules. Information about Public Service’s other policies and practices are available at one of the following websites; www.pstel.com (“Public Service Website”), www.pstel.net, www.psdatawireless.com or www.flintcatv.com.
Public Service manages its network to ensure that all of its customers experience a safe and secure broadband Internet environment that is fast, reliable and affordable. Public Service wants its customers to indulge in all that the Internet has to offer, whether it is social networking, streaming videos
Public Service manages its network for a number of reasons, including optimization, as well as congestion- and security-protocol-management. But, very few of Public Service’s customers are impacted by the protocols and practices that Public Service uses to manage its network.
In addition to this Network Management Policy, patrons may also find links to the following on Public Service’s website:
- Frequently Asked Questions
- Acceptable Use Policy
Public Service’s Network Management Practices
Public Service uses various tools and industry standard techniques to manage its network and deliver fast, secure and reliable Internet service. Such management tools and practices include the following:
I. Managing Congestion
Public Service periodically monitors the connections on its network in the aggregate to determine the rate of utilization. If congestion emerges on the network, Public Service will engage in the re-routing of Internet traffic to relieve congestion. In order to reduce instances of congestion, Public Service adds capacity to its network when utilization has reached a level of at least 80%. On our core and access networks, Public Service may increase capacity by adding FTTH nodes, transport, Internet aggregation routers
On Public Service’s network, all customers have access to all legal services, applications and content online and, in the event of congestion, most Internet activities will be unaffected. Some customers, however, may experience longer download or upload times, or slower surf speeds on the web when instances of congestion do occur on Public Service’s network.
Customers whose conduct abuses or threatens Public Service’s network or which violates the Company’s Acceptable Use Policy or Internet service Terms and Conditions will be asked to stop any such use immediately. A failure to respond or to cease any such conduct could result in service suspension or termination.
Public Service’s network and congestion management practices are ‘application-agnostic’, based on current network conditions, and are not implemented on the basis of customers’ online activities, protocols or applications. Public Service’s network management does not relate to any particular customer’s aggregate monthly data usage.
II. Network Security
Public Service knows the importance of securing its network and customers from network threats and annoyances. The company promotes the security of its network and patrons by providing resources to its customers for identifying and reporting such threats as spam, viruses, firewall issues, and phishing schemes. Public Service also deploys spam filters in order to divert spam from an online customer’s email inbox while allowing the customer to control which emails are identified as spam.
As its normal practice, Public Service does not block any protocols, content or traffic for purposes of network management except that the company may block or limit such traffic as spam, viruses, malware, or denial of service attacks to protect network integrity and the security of our customers.
Except as may be provided elsewhere herein, Public Service does not currently engage in any application-specific behaviors nor does it employ any device attachment rules for its network.
Public Service’s network management employs a variety of industry-standard tools, applications and devices to monitor, secure and maintain its network.
IV. Monitoring Schedule
Public Service uses network management software to conduct periodic monitoring of the network
V. Network Performance
Public Service takes measurements of various components for network performance, analysis of the measurements to determine normal levels, and determination of appropriate threshold values to ensure required levels of performance for its network. Public Service measures such components as mean upload/download speeds, latency, internal testing, and consumer speed tests to gauge network performance. The Company monitors the values of these components to determine the overall performance of the network. The following is
VI. Specialized Services
The company does not currently offer any specialized services. Accordingly, customers’ broadband experiences will not be impacted.
VII. Commercial Terms
For questions, complaints or requests for additional information, please contact the Public Service business office at (478) 847-4111.
Network Management FAQs
What is network management?
Network management is the reasonable and nondiscriminatory enforcement of network usage policies and the management of bandwidth use and capacity while maintaining the promotion of the dynamic benefits of an open and accessible Internet.
Why does Public Service manage its network?
Public Service manages its network in order to provide the ultimate broadband Internet service to its customers. Public Service acknowledges that bandwidth and network resources are not infinite and must be reasonably confined. In order to bring you the best possible broadband Internet experience, Public Service enforces network management policies that limit network congestion and delay while ensuring that all Internet content is treated equally and is not unlawfully blocked or degraded.
The FCC encourages all fixed broadband Internet access providers, such as Public Service, to manage networks with transparency and non-discrimination.
How does Public Service manage its network?
Public Service has policies in place to ensure that customers are able to access the lawful Internet content of their choice, run the Internet applications of their choice and to promote the continued development of the Internet. Public Service’s network management practices are nondiscriminatory, application-neutral, and minimally intrusive. Public Service may use one or more of the following to manage its network:
- Capping a users bandwidth capacity with monthly usage thresholds per account;
- Charging overage fees for the use of bandwidth over the specified capacity;
- Application-agnostic, usage consumption-based prioritization of traffic;
- Making additions or upgrades to increase network capacity;
- Enforcing its Acceptable Use Policy and Terms and Conditions of service against
customers abusing the network;
- Using security protocols to ensure authentication of customers;
- Monitoring the network to identify congestion, security breaches, malware or damage
to the network;
- Blocking spam;
- Preventing viruses from harming the network; and
- Thwarting denial of service attacks.
Network management practices are a necessity to guard against harmful threats to the network such as network congestion, security attacks, excessive spam, and viruses. Reasonable network management practices ensure that you will have the best possible broadband Internet experience.
Will Public Service’s network management impact my online experience?
Public Service uses reasonable network management tools and practices that are minimally intrusive to its customers and are consistent with industry standards. In accordance with Public Service’s Terms and Conditions for Service and Broadband Internet Acceptable Use Policy (“AUP”), Customers have agreed to comply with all current bandwidth, data storage, and other limitations on Public Service’s Broadband Internet services. Thus, Public Service’s tools and practices will generally impact only users that have consumed an excessive amount of bandwidth at any time during a one month period. Users are more likely to experience an impact on online experience during peak periods where congestion is prevalent.
What can I expect if I am in violation of Public Service’s Terms and Conditions of Service, company policies or service contracts?
In addition to being subject to the specific terms of the Terms and Conditions of Service, or individual company policy or service contract, if you, the customer, are using conduct which abuses or threatens harm to the Public Service network at any time, the impact to your online experience may include, but will not necessarily be limited to, any one or all of the following:
- notification by Public Service that you are in excess of the monthly bandwidth threshold and provision of a reasonable time frame in which to take corrective
- removal or blockage of material that violates Public Service’s Terms and Conditions of Service or company policies or service contracts, including but not limited to, illegal content;
- suspension or delay of the delivery of email if deemed excessive;
- filtering of Internet transmissions; and
- suspension or termination of your Broadband Internet service account.
Customers could also experience longer download or upload times or slower web surfing.
Will I be suspended from the network if I use certain applications?
Public Service’s reasonable network management tools and practices do not discriminate between applications. They are application-agnostic. Thus, Public Service will not manage its network congestion or security protocols based on applications being used by its customers with Public Service’s broadband Internet service. Public Service’s network management is based on current network conditions and the amount of bandwidth being used by individual customers.
What should I do if my account is suspended?
If your account is suspended, you should contact Public Service and follow Public Service’s instructions for reinstating service.
When does Public Service use this method?
Public Service uses its reasonable network management practices and policies to manage network congestion and network security.
Does Public Service discriminate against particular types of applications or content?
No. Public Service does not manage its network based on online protocols, activities or applications that a customer uses. Rather, Public Service’s network management practices focus on the largest bandwidth volumes being used by individual customers.
TERMS & CONDITIONS
Terms of Service
The services that You [hereinafter referred to as “Subscriber”] receive from Public Service Communications, Inc., through its subsidiaries and other corporate affiliates, including but not limited to Flint Cable Television, Inc., d/b/a Flint River Communications, Forsyth CableNet, LLC, and Public Service Data, Inc., d/b/a/ PSTEL.Net [hereinafter referred to as “Company”] are subject to the terms identified in Subscriber’s Service Agreement and Equipment Lease, Acceptable Use Policy, this Terms of Service, any Addendums, and Company’s other Policies and Agreements. The current version of Company’s Terms of Service, Policies, and Agreements are available online at www.flintrvr.com, www.forsythcable.com, and www.pstel.net [hereinafter referred to as “Company’s Website”].
Subscriber’s signature on the Service Agreement and/or Subscriber’s use of Services are evidence of Subscriber’s agreement to this Terms of Service.
- Billing and Payment: Subscriber is billed in advance on a monthly basis for Services to be received, plus pro-rata charges, if any, for periods not previously billed. Advance monthly payments for service are non-refundable. There will be no refunds or credits for partial months of service, nor when Subscriber cancels service before the end of the current, paid
month. Subscriber will be billed monthly for Services ordered or on orders placed during the previous month. Subscriber shall pay all monthly charges and all applicable fees and taxes as listed on the Company’s monthly bill. Monthly service and lease fees are payable by the payment due date indicated on the monthly statement. In the event that reactivation of service is required due to non-payment, Subscriber shall pay the current re-connect fee in addition to any charges owed to Company. If the Subscriber has more than one account (business and/or residential) served by Company, all Company provided services at all locations may be subject to suspension or discontinuance of Service in the event any oneaccount remains unpaid, and Company may apply any funds received from Subscriber first to such delinquent account(s). Nonpayment of any portion of Subscriber’s monthly bill may result in interruption or disconnection of service. Subscriberis liable for payment for all services rendered by Company and billed to Subscriber’s account. It is Subscriber’sresponsibility to mail or make payment in a timely manner to ensure receipt by Company on or prior to the due date. Please report any billing errors immediately. In order to receive credit for disputed charges, such charges must be reported within thirty (30) days of the day on which Subscriber receives the bill unless otherwise specified under applicable law. A late fee may be assessed upon any outstanding undisputed balance due that remains after the due date appearing on Subscriber’s bill. Companyis not responsible for any credit card charges or expenses (i.e. overdrawn accounts, exceeding credit card limits, etc.) resulting from Company charges billed to a credit card. Subscribers are responsible for notifying Company of credit card expirations, and providing new credit card numbers for continued billing of Company Service. It is not the responsibility of the Company to contact Subscribers with rejected credit card payments due to expired cards. Rejected credit card payments will be treated as non-payment, and may result in disconnection of service.
- Equipment – Flint River Communications and Forsyth CableNet Subscribers.
Subscriberis responsible for all of Companyequipment leased to Subscriber. Subscriber will be provided equipment with actual corresponding Serial Number(s) for each piece of equipment selected and will be required to sign for equipment with an attached addendum as proof of receipt. In the event Subscriber’s service is disconnected or terminated with Company, Subscriber shall return all leased equipment to the Company. Subscriber understands that failure to return equipment to Company within ten (10) days from disconnection of service will result in the Subscriber incurring a charge for the current, full retail cost of the equipment. Subscriber understands this equipment was provided to the Subscriber by Company to be used on Subscriber’s property for the purpose it is intended. Company reserves the right to charge for equipment activation. Charges will apply for receiver programming changes at a later time. Unlimited programming changes may be made at the same time; however, charges will be applied each time the Company has to enter programming changes to a receiver and/or Subscriber’s account. Companywill repair and/or replace the equipment we use to provide Subscriber services at no charge if the repair or replacement is not the result of Subscriber’s negligence. Subscriber understands that adequate space around leased equipment is necessary to prevent the unit from overheating, and agrees not to place any objects on top of the unit. Subscriber understands that in the event leased equipment overheats due to such actions, or is damaged due to neglect, Subscriber is responsible for the costs incurred for the repair and/or replacement of same. For replacement equipment, Subscriber shall be billed the current, full retail cost of the equipment. Subscriber understands that certain equipment may be required to utilize the various services selected. Cancellation of monthly equipment lease does not cancel Subscriber’sobligation under his/her existing service contract. If any equipment belonging to Company is stolen from Subscriber’s property, Subscriber agrees to report the theft immediately to the proper authorities and Company. Subscriber will be responsible for the replacement cost of the stolen equipment. Subscriber understands that he/she is aware that violations to Federal law and certain state laws will occur if: a) Subscriber damages, tampers or allows someone else to damage or tamper with the equipment belonging to Companylocated in Subscriber’s home; b) Subscriber makes or allows someone else to make any alterations to Company’sequipment which would allow additional cable service to be provided without the consent of Company, or c) the Subscriber allows a third party to receive broadband or cable television service in the absence of a contract and/or subscription Company. Subscriber understands the Company maintains complete ownership of leased equipment at all times. Subscriberis responsible for preventing the loss or destruction of leased equipment. ALL EQUIPMENT IS PROVIDED “AS IS”, AND COMPANY HEREBY SPECIFICALLY DISCLAIMS ANY AND ALL EXPRESS AND IMPLIED WARRANTIES, INCLUDING WITHOUT LIMITATION ANY IMPLIED WARRANTIES OF MERCHANTIBILITY, NON-INFRINGEMENT, TITLE, AND FITNESS FOR A SPECIFIC PURPOSE. COMPANY SHALL NOT BE LIABLE FOR ANY INDIRECT, CONSEQUENTIAL, EXEMPLARY, SPECIAL, INCIDENTAL, OR PUNITIVE DAMAGES (INCLUDING WITHOUT LIMITATION, LOST BUSINESS, REVENUE, PROFITS, OR GOODWILL) ARISING FROM THE USE, DEPLOYMENT, AND/OR FUNCTIONALITY OF ITS EQUIPMENT.
- Equipment – PSTEL.Net Subscribers. Subscribers shall be provided a modem upon signing of Service Agreement with Company. In the event Subscriber successfully completes and
fulfilsthe initial Term of the Service Agreement, Company will waive the cost of the modem and title to the modem shall vest in Subscriber. However, such cost shall only be waived by Company and title to the modem shall only transfer upon Subscriber successfully completing and fulfilling all of the terms and conditions of Service Agreement. In the event Subscriber breaches the Service Agreement, Subscriber shall return modemto Company within ten (10) days or Subscriber shall be billed for the current, full retail cost of the modem. Upon breaching the Service Agreement, Subscriber shall no longer qualify to have the cost of the modem waived nor will same be waived by Company. Companywill repair and/or replace defective modems provided by Company to Subscriber, if any, as long as such damage was not caused by misuse or other improper operations by Subscriber and Subscriber is under a Service Agreement with Company. In the event Subscriber is outside the term of the Service Agreement, Subscriber must sign another Service Agreement for modemto be repaired and/or replaced at no charge. Company shall have the right to presume misuse or other improper operations or handling by Subscriber in the event Subscriber requests repair or replacement more than twice in any twelve (12) month period, and Company shall, at its sole option and discretion, have no obligation to fulfill such repair or replacement. If modemis damaged due to negligence, misuse, or other improper operations by Subscriber, Company shall bill Subscriber for the current, full retail cost of the modem. ALL EQUIPMENT IS PROVIDED “AS IS”, AND COMPANY HEREBY SPECIFICALLY DISCLAIMS ANY AND ALL EXPRESS AND IMPLIED WARRANTIES, INCLUDING WITHOUT LIMITATION ANY IMPLIED WARRANTIES OF MERCHANTIBILITY, NON-INFRINGEMENT, TITLE, AND FITNESS FOR A SPECIFIC PURPOSE. COMPANY SHALL NOT BE LIABLE FOR ANY INDIRECT, CONSEQUENTIAL, EXEMPLARY, SPECIAL, INCIDENTAL, OR PUNITIVE DAMAGES (INCLUDING WITHOUT LIMITATION, LOST BUSINESS, REVENUE, PROFITS, OR GOODWILL) ARISING FROM THE USE, DEPLOYMENT, AND/OR FUNCTIONALITY OF ITS EQUIPMENT.
- Disruption of Service. All Company Services are provided on an “as is” and “as available” basis. In no event shall Company be liable for any failure or interruption of Service, including without limitation those failures and interruptions resulting in part or entirely from circumstances beyond
- Content and Services. All services are subject to change in accordance with applicable law. Without notice, Company may preempt, rearrange, delete, add, discontinue, modify, or otherwise change any and all of the advertised programming comprising, packaging of, line-up applicable to, and/or distribution of its Video Services.
- Rates. All rates are subject to change in accordance with applicable law.
- Right to Make Credit Inquiries. Subscriber authorizes Company to make inquiries and to receive information about Subscriber’s credit experiences, including Subscriber’s credit report, from others, to enter this information in Subscriber’s file, and to disclose this information concerning Subscriber to appropriate third parties for reasonable business purposes.
- Installation. Subscriber authorizes Company and its employees, agents, contractors, and representatives to access and otherwise enter the Subscriber’s premises to install, inspect, maintain, and/or repair the Equipment and, upon the termination of service, to remove the same from the premises. Company’s failure to remove its equipment shall not be deemed an abandonment thereof. If the installation and maintenance of Service are requested at Premises that, in Company’s sole discretion, are or may become hazardous or dangerous to our employees, the public or property, Company may refuse to install and maintain such Service. Company’s installers and technicians will not enter
Subscriber’shome to perform any work unless a responsible adult is present. We realize this may be an inconvenience for some Subscribers, but this policy is essential to protect our Subscribers and employees.
- Additional Terms. USE: Unless Subscriber specifically subscribes to a Commercial Business Plan, service may be used only for residential, personal use only.
Subscribermay not resell the Service or otherwise make the service available for use to persons outside of Subscriber’s dwelling (for example, through an open wireless home network). Subscriber agrees not to use the Service for operation as a de facto Internet service provider, or for any other business enterprise (whether for profitor non-profit), including, without limitation, IP address translation or similar facilities intended to provide additional access. INTERNET SERVICES: Subscriber understands that broadband internet and DSL speeds are not guaranteed. The actual data transfer is an “up to” speed. The actual speed that you will experience may be lower than the advertised speed after accounting for processing overhead and other factors which may be beyond the control of the Company. Company shall use commercially reasonable efforts to achieve the internet speed selected by Subscriber, however, actual internet speeds may vary. Many factors affect speed including, without limitation, the number of users utilizing a single connection. Company reserves the rights to refuse any request for a username and/or password that contains explicit language or content. Companyuses reasonable network management practices consistent with industry standards to ensure that all of its Subscribers have a high qualityonline experience. Companydoes not shape or throttle internet traffic based on the particular online content, protocols, or applications a Subscriber uses. Company monitors and proactively reinforce our network with additional capacity in areas where growth trends identify a need. If acute network congestion occurs, Companyemploys various techniques to ensure a positivecustomer experience and fair distribution of network resources. Currently, based inour experience, Subscribers may encounter congestion, if at all, during the hours of peak usage – between 7 pm and 11 pm eastern time. During peak hours, residential Subscribers are attempting to use the internet simultaneously, giving rise to a greater potential for congestion. When network congestion is identified, Companyemploys various techniques to ensure a positive customer experience. Our network management techniques include ensuring that Subscriber systems are not propagating viruses or distributing spam email. We also reinforce our network with additional capacity in areas where congestion is identified or as part of standard network engineering design plans. In some cases, we may limit the number of Subscribers that may be served on a particular network node until additional capacity can be added. Also, we seek to ensure that our subscribers are not excessively using the service. Company’s Excessive Use Policy [hereinafter referred to as “EUP”], sets download guidelines based on the high-speed internet service plan that a Subscriber purchases. This policy only impacts plan download usage; upload usage is not impacted. Service plans with download speeds of 12 Mbps or less,include a data allowance of 250 GB per month. Service Plans with download speeds of 20 Mbps to 30 Mbps include a data allowance of 500 GB per month. Unused data does not carry over from month to month. If Subscriber exceeds the data plan, Companyreserves the right to bill for additional data usage at then current data rates. PHONE SERVICES: Porting of existingtelephone number may not be available in all areas. Subscriber must provide his/her own telephone phone set where applicable. Not utilizing the phone portion of a bundle, if applicable, does not affect the monthly bundle price. Phone Service plans which include unlimited local and long distance: Unlimited Long Distance Service is for typical domestic voice use only. It does not include 900 calls, 800 services, calling card calls, international calls, Directory Assistance, Operator Assistance, multi-line conference calls, – or any chargeable calls, and standard rates will apply for these services. All long distance calling areas are limited to the 48 continental United States. Long distance is not intended for use to connect to Internet service providers, data providers, or information services. Commercial facsimile, auto-redialing, resale, telemarketing, and general business use are strictly prohibited. While Company does not apply arbitrary limits on typical long distance usage per month, should Company determine, in its sole discretion, that usage is not consistent with typical Residential voice usage patterns and is abusive of the Service, Company reserves the right, after giving notice of its intent, to immediately suspend, restrict, or terminate the long distanceservice, or to bill future excessive usage charges at the current per minute rate included below, without further notice. Company reserves the right to block permanent Call Forwarding in connection with the use of Unlimited Long Distance Service. Subscriber must subscribe to the long distance carrier of Company’schoice. All rates are subject to change. Additional requirements and restrictions may apply. The rate for Unlimited Long Distance Service may not include all applicable fees. No guarantee of suitability for any purpose, to include the following: security systems, fax machines, DVR services, medical alert services (e.g. Life Alert) and others which may not be listed here. Phone service is intended for voice only. E-911 service is available (where existing) and your device will be registered to the primary address location you provide. If Subscriber moves it is Subscriber’s responsibility to update the address on file. Subscriber understands there will be a monthly E-911 charge on each month’s bill.
- Remedies. In the event that Subscriber fails to make any payment due to Company, Company may charge subscriber interest on the amount past due at the maximum rate permitted by law and may recover from subscriber all attorney fees, which may be internal, legal, court or collection costs incurred and may refer the debt to a third party for collection. If Subscriber’s account is referred to a third party for collection, Subscriber will be required to pay collection fees up to 35% of the balance owed. Company shall have the right to discontinue service and terminate this agreement without notice if subscriber defaults in the payment for service as provided for herein, becomes the subject of any proceeding under the bankruptcy laws, or becomes insolvent. In such event, all charges shall become immediately due and payable.
- LIMITATION OF LIABILITY. THE LIMITATION OF LIABILITY SET FORTH IN THIS SECTION APPLIES TO ANY ACTS, OMISSIONS, AND NEGLIGENCE OF COMPANY AND ITS THIRD-PARTY SERVICE PROVIDERS, AGENTS, AND SUPPLIERS (AND EACH OF THEIR RESPECTIVE OFFICERS, EMPLOYEES, AGENTS, CONTRACTORS, OR REPRESENTATIVES). UNDER NO CIRCUMSTANCES SHALL COMPANY BE LIABLE TO SUBSCRIBER FOR INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL, PUNITIVE, OR EXEMPLARY DAMAGES ARISING OUT OF OR IN CONNECTION WITH THE SERVICE OR ANY ACTS OR OMISSIONS ASSOCIATED THEREWITH, INCLUDING ANY ACTS OR OMISSIONS BY THIRD-PARTY SERVICE PROVIDERS, AGENTS, OR SUBCONTRACTORS OF COMPANY, OR RELATING TO ANY SERVICES FURNISHED, WHETHER SUCH CLAIM IS BASED ON BREACH OF WARRANTY, CONTRACT, TORT, OR ANY OTHER LEGAL THEORY, AND REGARDLESS OF THE CAUSES OF SUCH LOSS OR DAMAGES OR WHETHER ANY OTHER REMEDY PROVIDED HEREIN FAILS. COMPANY’S ENTIRE LIABILITY AND SUBSCRIBER’S EXCLUSIVE REMEDY WITH RESPECT TO THE USE OF THE SERVICES OR ANY BREACH BY COMPANY OF ANY OBLIGATION COMPANY MAY HAVE UNDER THESE TERMS OF SERVICE OR APPLICABLE LAW, SHALL BE SUBSCRIBER’S ABILITY TO TERMINATE THE SERVICE OR TO OBTAIN THE REPLACEMENT OR REPAIR OF ANY DEFECTIVE EQUIPMENT PROVIDED BY COMPANY. IN NO EVENT SHALL COMPANY’S LIABILITY TO SUBSCRIBER FOR ANY CLAIM ARISING OUT OF THIS AGREEMENT EXCEED THE AMOUNT PAID BY SUBSCRIBER DURING THE PRECEDING THIRTY (30) DAY PERIOD.
- Arbitration. The following provisions are important with respect to the Agreement between Subscriber and Company regarding
Company’sServices. PLEASE READ THEM CAREFULLY TO ENSURE THAT SUBSCRIBER UNDERSTANDS EACH PROVISION. This Agreement requires the use of arbitration to resolve disputes and otherwise limits the remedies available to Subscriber in the event of a dispute. Subject to the “Exclusions” paragraph below, Company and Subscriber agreesto arbitrate disputes and claims arising out of or relating to this Agreement, the Services or marketing of the Services Subscriber has received from Company. Notwithstanding the foregoing, either party may bring an individual action on any matter or subject in small claims court. THIS AGREEMENT MEMORIALIZES A TRANSACTION IN INTERSTATE COMMERCE.THE FEDERAL ARBITRATION ACT GOVERNS THE INTERPRETATION AND ENFORCEMENT OF THESE ARBITRATION PROVISIONS. A party who intends to seek arbitration must first send to the other a written notice of intent to arbitrate, entitled “Notice of Intent to Arbitrate” (“Notice”). The Notice to Company should be addressed to:President, Flint River Communications, PO Box 669, Reynolds, GA 31076 (“Arbitration Notice Address”); with a copy of such notice addressed to:General Counsel, Flint River Communications, PO Box 669, Reynolds, GA 31076. The Notice must: (1) describe the nature and basis of the claim or dispute; and (ii) set forth the specific relief sought. If we do not reach an agreement to resolve the claim within thirty (30) days after the Notice is received, Subscriber or Company may commence an arbitration proceeding, in which all issues are for the arbitrator to decide (including the scope of the arbitration clause), but the arbitrator shall be bound by the terms of this Agreement. The arbitration shall be governed by the Commercial Arbitration Rules and the Supplementary Procedures for Consumer Related Disputes (collectively, “AAA Rules”) of the American Arbitration Association (“AAA”), as modified by this Agreement, and the arbitration shall be administered by the AAA. The AAA Rules and fee information are available at “www.adr.org,” by calling the AAA at 1-800-778-7879, or by writing to the Arbitration Notice Address. The parties may agree that arbitration will be conducted solely on the basis of the documents submitted to the arbitrator, via a telephonic hearing, or by an in-person hearing as established by AAA rules. SUBSCRIBER AGREES THAT, BY ENTERING INTO THIS AGREEMENT, SUBSCRIBER AND COMPANY ARE WAIVING THE RIGHT TO A TRIAL BY JUDGE OR JURY Unless Company and Subscriber agree otherwise in writing, all hearings conducted as part of the arbitration shall take place in Reynolds, Georgia. The arbitrator may award injunctive relief only in favor of the party seeking relief, only to the extent sought, and only to the extent necessary to provide the specific relief warranted by such individual’s claim. The parties agree that the arbitrator must give effect to the terms of this Agreement. SUBSCRIBER AND COMPANY AGREE THAT CLAIMS MAY ONLY BE BROUGHT IN SUBSCRIBER’S INDIVIDUAL CAPACITY AND NOT ON BEHALF OF, OR AS PART OF, A CLASS ACTION OR REPRESENTATIVE PROCEEDING. Furthermore, unless both Subscriber and Company agree otherwise in writing, the arbitrator may not consolidate proceedings or more than one person’s claims and may not otherwise preside over any form of representative or class proceeding. If this specific paragraph is found to be unenforceable, then the entirety of these arbitration provisions shall be null and void and rendered of no further effect with respect to the specific claim at issue. Right to Opt Out. If Subscriber does not wish to be bound by these arbitration provisions, Subscriber must notify Company in writing within 30 days of (a) the date that this arbitration provision becomes effective, if Subscriber is an existing customer,or (b) the date that Subscriber first subscribes to the Service(s). Subscribermay opt out by mail to the Arbitration Notice Address. Subscriber’s written notification to Company must include Subscriber’sname, address, and account number as well as a clear statement that Subscriberdoes not wish to resolve disputes with Company through arbitration. Subscriber’s decision to opt out of this arbitration provision will have no adverse effect on Subscriber’srelationship with Company or the delivery of Services to Subscriber by Company. Severability. If any clause within these arbitration provisions is found to be illegal or unenforceable, that specific clause will be severed from these arbitration provisions, and the remainder of the arbitration provisions will be given full force and effect. NOTWITHSTANDING ANYTHING TO THE CONTRARY, IN THE EVENT SOME OR ALL OF THESE ARBITRATION PROVISIONS IS DETERMINED TO BE UNENFORCEABLE FOR ANY REASON, OR IF A CLAIM IS BROUGHT THAT IS FOUND BY A COURT TO BE EXCLUDED FROM THE SCOPE OF THESE ARBITRATION PROVISIONS, BOTH PARTIES AGREE TO WAIVE, TO THE FULLEST EXTENT ALLOWED BY LAW, ANY TRIAL BY JURY. For purposes of the foregoing sentence only, in the event such waiver is found to be unenforceable, it shall be severed from this Agreement, rendered null and void and of no further effect without affecting the rest of the arbitration provisions set forth herein. EXCLUSIONS. SUBSCRIBER AND COMPANY AGREE THAT THE FOLLOWING CLAIMS OR DISPUTES SHALL NOT BE SUBJECT TO ARBITRATION: (1) ANY INDIVIDUAL ACTION BROUGHT BY SUBSCRIBER OR BY COMPANY ON ANY MATTER OR SUBJECT THAT IS WITHIN THE JURISDICTION OF A COURT THAT IS LIMITED TO ADJUDICATING SMALL CLAIMS. (2) ANY DISPUTE OVER THE VALIDITY OF ANY PARTY’S INTELLECTUAL PROPERTY RIGHTS. (3) ANY DISPUTE RELATED TO OR ARISING FROM ALLEGATIONS ASSOCIATED WITH UNAUTHORIZED USE OR RECEIPT OF SERVICE. The foregoing arbitration provisions shall survive the termination of this Agreement.
- Governing Law. These Terms and other Company policies and agreements shall be governed by and construed in accordance with the laws of the State of Georgia without giving effect to the principles of conflicts of law
. Severability. If any provision of these Terms and other Company policies and agreements are or become unconstitutional, illegal, or unenforceable because of present or future laws, the remaining parts shall not be affected thereby.
- Non-Waiver. No course of dealing,
courseof performance, or failure of either party to strictly enforce any term, right, or condition of these Terms or other Company policies and agreements shall be construed as a waiver of any term, right, or condition. No earlier waiver shall operate as a waiver of any other default or of the same default on a future occasion . Entire Agreement. These Terms and Conditions, which should be read in conjunction with Company’s other Policies and Agreements (including but not limited to the Service & Equipment Lease Agreement, Acceptable Use Policy, and Network Management Policy) constitutes the entire agreement between the Subscriber and Company. No undertaking, representation or warranty made by an agent or representative of Company in connection with the sale, installation, maintenance or removal of Company’s Services or Equipment shall be binding on Company except as expressly included herein. Subscriber agrees that, if any portion of this Agreement is held invalid or unenforceable, that portion will be construed consistent with applicable law as nearly as possible, and if severed or rendered null and void thereby, the remaining portions will remain in full force and effect. If Companyfails to insist upon or enforce strict performance of any provision of this Agreement, it does not thereby waive any provision or right. Neither the course of conduct between the parties nor trade practice shall act to modify any provision of this Agreement.
other intellectual property rightof any third party, claims arisingfrom any breach or alleged breach by Subscriber of this Agreement or the AUP, or any claim resulting from Subscriber’s negligence. Subscriber agrees to pay any attorneys’ fees incurred by Company in bringing any action related to the Internet Service or a breach of the terms of this Agreement . Force Majeure. Company shall not be liable for any failure of performance or Equipment due to causes beyond its control, including but not limited to: acts of God, fire, flood, or other catastrophes; any law, order, regulation, direction, action, or request of the United States Government, or of any other government, including state and local governments having or claiming jurisdiction over Company, or of any department agency, commission, bureau, corporation, or other instrumentality of any one or more of these federal, state, or local governments, or of any civil or military authority; national emergencies; insurrection; riots, wars; unavailability of rights-of-way or materials; or strikes, lock-outs, work stoppages, or other labor difficulties.
Effective: July 1, 2016