Preston Telephone Company

 

 

 

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Acceptable Use Policy

ACCEPTABLE USE POLICY (AUP) FOR INTERNET SERVICES PROVIDED BY THE PRESTON TELEPHONE COMPANY (PTC)

I. PROHIBITED USES AND ACTIVITIES
1. PTC’s network may not be used for any activity which may violate criminal or civil laws. These include, but are not limited to, any activities involving drugs, gambling, prostitution, pornography, spreading computer viruses, cracking computer security systems, infringing on intellectual property, trafficking in credit card numbers, fraudulent marketing schemes, or trafficking in cellular telephone fraud information.

2. The network may not be used to distribute mass unsolicited email containing commercial advertisements or to post commercial advertisements to inappropriate locations on the Internet.

3. The network may not be used to publish defamatory statements directed to or about other persons or entities on the Internet.

4. You must respect the conventions and rules of news groups, mailing lists, and other networks, even if those conventions and rules are more restrictive than PTC’s.

5. The network may not be used to violate the copyright interests or other intellectual property interests of any person or entity. This includes, but is not limited to, the distribution or sharing of copyrighted software in violation of the copyright holder's rights. It is our policy to respond to notices of alleged infringement that comply with the Digital Millennium Copyright Act in an appropriate manner under such Act and other applicable intellectual property laws, including the removal or disabling of access to material claimed to be the subject of infringing activity.

6. You may not post any material on the network which is obscene, vulgar, or blatantly offensive to the prevailing moral standards of the community.

II. ACCEPTABLE USE
PTC complies with the laws and regulations that govern use of the Internet to ensure all customers may use PTC’s services without interference. This Acceptable Use Policy (AUP) applies to all Internet services offered by PTC (referred to herein as Internet Services or Services). It is PTC’s policy to provide robust and reliable access to the Internet for all of its end user customers.

Because network resources are shared by all users, PTC has implemented these policies to govern Internet Services. These policies are designed to: (a) ensure that shared network resources are allocated fairly among all users; (b) allow users and prospective users to understand service policies and any significant limitations on the Internet Services; and (c) provide a foundation that assures customers that they can rely on consistently receiving the level and quality of service to which they subscribe.

PTC does not block access to, nor discriminate against, any lawful website or Internet application and, with respect to fixed Internet access services, supports the ability of users to select and attach the equipment of their choice to the network so long as that equipment: (a) is used for a lawful purpose consistent with PTC’s Acceptable Use Policy; and (b) does not harm the network or degrade network performance for other users.

You are encouraged to familiarize yourself with these policies. By using PTC’s Internet Services, you accept, agree to be bound by and to strictly adhere to, these policies. You also agree to be responsible for compliance with these policies by third parties, such as friends, family members or guests that make use of your service accounts or equipment to access the network for any purpose, with or without your express permission.

PTC reserves the right to change or modify the AUP at any time, effective when posted on PTC’s web site at https://www.prestontel.com.

1. General Policy. PTC reserves the sole discretion to deny or restrict your service, or immediately to suspend or terminate your service, if the use of the service by you or anyone using it, in our sole discretion, is objectionable or unlawful, interferes with the functioning or use of the Internet or the PTC network by PTC or other users, or violates the terms of this AUP.

2. Specific Examples of AUP Violations. The following are examples of conduct which may lead to termination of your Internet Service. Without limiting the general policy in Section 1, it is a violation of this AUP to:
(a) access without permission or right the accounts or computer systems of others, to spoof the URL, DNS or IP addresses of PTC or any other entity, or to penetrate the security measures of PTC or any other person's computer system, or to attempt any of the foregoing;
(b) transmit uninvited communications, data or information, or engage in other similar activities, including without limitation, "spamming", "flaming" or denial of service attacks;
(c) introduce viruses, worms, harmful codes or Trojan horses on the Internet;
(d) post off-topic information on message boards, chat rooms or social networking sites;
(e) use the service to host, post, or transmit any content that is obscene, indecent, hateful, malicious, racist, defamatory, fraudulent, libelous, violent, or that promotes the use of violence or harm to others, including any content that harasses, or threatens the health or safety of others;
(f) violate PTC's or any third party's copyright, trademark, proprietary or other intellectual property rights;
(g) engage in any conduct harmful to the PTC network, the Internet generally or other Internet users;
(h) use the service to violate any rule, policy or guideline of PTC;
(i) use the service for any activity which may violate criminal or civil local, state, or federal law, international law, treaty, court order, regulation or administration rule;
(j) download or use the Internet Service in Cuba, Iran, North Korea, Sudan and Syria or in destinations that are otherwise controlled or embargoed under U.S. law, as modified from time to time by the Departments of State, Treasury, or Commerce.

3. Interaction with Minors. PTC complies with all laws that protect minors and PTC will report any case of child exploitation to the National Center for Missing and Exploited Children.

4. Child Pornography. PTC’s Internet Services may not be used to submit or receive, upload or download, post, use, copy or transmit, distribute or store child pornography. Should you suspect violations of this prohibition, you should report it to PTC immediately. PTC will report any such violation to the National Center for Missing and Exploited Children.

5. Spam/E-mail. The CAN-SPAM Act of 2003 sets forth requirements for commercial e-mails and electronic messages. Violation of these requirements, or any other law applicable to e-mail services or electronic messages, is a violation of this AUP. Prohibited Spam/E-mail include, but are not limited to the following:
(a) intercepting, interfering, or redirecting another person’s e-mail or other transmission;
(b) sending unsolicited commercial e-mail or electronic messages for advertising purposes;
(c) sending bulk unsolicited electronic mail messages (mail-bombing);
(d) sending unsolicited commercial e-mail or electronic messages without providing a means for recipients to opt-out of receiving such messages;
(e) generating excessive amounts of e-mail or electronic messages that could disrupt PTC’s network;
(f) using an unauthorized e-mail server, Internet address or computer to send email or messages to deceive recipients as to the origin, or to conduct prohibited activities under this AUP;
(g) using deceptive subject lines and failing to disclose clearly and conspicuously that your message is an advertisement;
(h) using false or misleading header, user or sender information;
(i) failing to identify the sender, sender's return address, or e-mail address of origin in the header or subject of the e-mail or message;
(j) sending e-mail or electronic messages to interfere with another’s use of the Internet;
(k) sending e-mail or electronic messages to those who have opted out from receiving such messages.

6. Customer Security. Customers are responsible for the security of their systems and devices that connect to the Internet, including updating systems as necessary. PTC’s Internet Services may not be used to interfere with or gain unauthorized access to, or otherwise violate the security of PTC's or any other party’s computer, network, devices, software or data. System security violations include, but are not limited to, the following:
(a) unauthorized interception of data or e-mail addresses of PTC’s or any other party’s network or system;
(b) hacking or gaining access to, the security of any system, network, server, computer, or data, without authorization;
(c) deceptively obtaining personal information of third parties (phishing);
(d) using any program or transmission that interferes with access or use of the Internet;
(e) using any program or tool that compromises security including password guessing programs and packet sniffers;
(f) knowingly uploading or distributing files that contain viruses, spyware, Trojan horses, worms, or corrupt files to damage another person's computer or network, or to hi-jack such system;
(g) transmitting pirated software;
(h) failing to take reasonable security measures to prevent violation(s) of this AUP.

7. Customer Responsibilities. PTC’s customers are solely responsible for the content of any material posted, hosted, downloaded/uploaded, created, accessed or transmitted using PTC’s Internet Services. PTC is not responsible for any material created or accessible on its network by Internet Services users. Customers are responsible for preventing and remedying any violation of this AUP.

8. Enforcement. Failure to comply with this AUP may result in the suspension or termination of your Internet Services. PTC has the right, without notice, to suspend or terminate your Internet Services pursuant to a court order or government demand. PTC may also suspend or terminate your Internet Services when such use violates any law, or could subject PTC to civil liability or prosecution, or causes harm or interference to PTC’s network or other customer’s use of Internet Services. PTC will respond appropriately if it becomes aware of the inappropriate or wrongful use of the Services. PTC has no obligation to monitor the Service and/or the network. However, PTC reserves the right at any time to monitor bandwidth, usage, transmissions, and content to, among other things, operate the Service; identify violations of this AUP; and/or protect its network and Internet Services, and other PTC users.

PTC may notify customers of inappropriate activities and give them a reasonable period of time to take corrective action. PTC also prefers to have customers directly resolve any disputes or disagreements they may have with others, whether PTC customers or not, without PTC's intervention. However, if Internet Services are used in a way that PTC, in its sole discretion, believe violates this AUP, it may take any actions deemed appropriate with or without notice. In all cases, PTC is not liable for any action it takes in response to what it believes is a violation of the AUP. PTC may also take any legal action it deems appropriate with or without notice.

PTC reserves the right to investigate suspected violations of the AUP, including examining material on PTC's networks. During an investigation, PTC may suspend the account or accounts involved. You expressly agree to cooperate with PTC, and with law enforcement authorities, if involved, in the investigation of suspected legal violations. Upon termination of Internet Services, PTC may delete any files, programs, data, email and other messages associated with your account.

The failure of PTC to enforce the AUP shall not be construed as a waiver of any right to do so in the future. You also agree to indemnify, defend and hold harmless PTC against all claims and expenses (including reasonable attorney fees) resulting from any violation of the AUP. This indemnification will survive any termination of your Internet Services.

9. Copyright Infringement/Repeat Infringer Policy. PTC respects the intellectual property rights of third parties. Accordingly, you may not store any material or use PTC's network, systems or servers in any manner that constitutes an infringement of third party intellectual property rights, including under US copyright law. In accordance with the Digital Millennium Copyright Act (DMCA) and other applicable laws, it is the policy of PTC to suspend or terminate, in appropriate circumstances, the service provided to any user or account holder who is deemed to infringe third party intellectual property rights, including repeat infringers of copyrights.

In addition, PTC expressly reserves the right to suspend, terminate or take other interim action regarding the service of any user or account holder if PTC, in its sole judgment, believes that circumstances relating to an infringement of third party intellectual property rights warrant such action. These policies are in addition to and do not affect or modify any other rights PTC may have under law or contract.
If you believe that copyrighted material has been used in violation of this policy or otherwise been made available on the service in a manner that is not authorized by the copyright owner, its agent or the law, you may report alleged infringements by sending PTC’s Designated Agent a notification of claimed infringement in accordance with the requirements of the DMCA, as follows:

Marjorie Spivak
Bennet & Bennet, PLLC
6124 MacArthur Blvd
Bethesda, Maryland 20816
Tel: (202) 551-0012
mgspivak@bennetlaw.com

Upon PTC's receipt of a satisfactory notice of claimed infringement, PTC will respond expeditiously and either directly or indirectly (i) remove the allegedly infringing work(s) from the network; or (ii) disable access to the work(s). PTC will also notify the affected customer or end user of the removal or disabling of access to the work(s). If you, as an end user, receives notification of an alleged infringement, and you believe in good faith that the allegedly infringing works have been removed or blocked by mistake or misidentification, then you may send a counter notification to PTC’s Designated Agent listed above. Upon PTC's receipt of a counter notification that satisfies the requirements of DMCA, PTC will provide a copy of the counter notification to the person who sent the original notification of claimed infringement and will follow the DMCA's procedures with respect to a received counter notification. In all events, you expressly agree that PTC will not be a party to any disputes or lawsuits regarding alleged copyright infringement.

10. PTC may, but is not required to, monitor your compliance, or the compliance of other subscribers, with the terms of this AUP. You acknowledge that PTC shall have the right, but not the obligation, to pre-screen, refuse, move or remove any content available on the network, including but not limited to content that violates the law or this AUP.

III. SYSTEM PERFORMANCE
1. Performance. PTC provides customers a choice of Internet Service plans to meet their needs. While PTC provisions its network and equipment to ensure that its customers can enjoy the speeds to which they subscribe, Internet speeds generally result from a “best effort” service and are dependent on a number of variables, many of which are outside the control of an Internet Service Provider. Such variables include: the age and processing capability of the user’s handheld device or computer; the number of applications running simultaneously; the presence of viruses or malware; whether the equipment is connected directly to a wireless router or tethered to another device; the distance the data packets must travel between the user and the website; the presence of congestion on and technical configuration of any intervening networks; any gating or congestion management schemes employed by websites to limit download or upload speeds in cases where multiple users are served.

2. Speed Tests. Speed tests that allow customers to test the upload, download and latency performance of their services are available free of charge from a number sources. Generally, these tests are influenced by the same variables that affect Internet speed set forth above. Accordingly, the speed results would not be expected to match a test of PTC’s network conducted under laboratory conditions. Please note, however, that all speed tests use different methodologies to calculate Internet connection speed so each of the tests would be expected to yield different results. Accordingly, each of these tests should be viewed as a helpful guide rather than as a definitive measurement of performance.

The following link can be used to test PTC’s speed: http://www.speedtest.net/

IV. NETWORK MANAGEMENT
1. Network. PTC utilizes a network architecture that is designed to provide users with true speeds and reliability even during times of peak demand based on the service to which you subscribe. The network has been constructed to meet projected traffic demands and to allow for capacity to be added to meet customer needs as well as support newly developing and increasingly sophisticated applications well into the future. However, congestion can occur on any IP network, and, when it does, it may lead to service delays.

2. Network Management. Managing the network is essential as PTC seeks to promote the use and enjoyment of the Internet by all customers. PTC employs a management policy that does not discriminate against particular applications and users remain free to access the websites of their choice and run the applications of their choice consistent with the AUP.

3. Restrictions on data consumption. PTC reserves the right to set its own limits on data consumption. Common activities that may cause high data consumption include, but are not limited to, numerous or continuous bulk transfers of files and other high capacity traffic using (i) file transfer protocol (“FTP”), (ii) peer-to-peer applications, and (iii) newsgroups. You must ensure that your use of the Services does not restrict, inhibit, interfere with, or degrade any other person's use of the Service, or create an overly large burden on the network. In addition, you must ensure that your use of the Services does not limit or interfere with PTC's ability to deliver and monitor the Service or any part of its network.
If you use the Service in violation of the restrictions referenced above, or any restrictions imposed in the future, it is a violation of the AUP. PTC may, in its sole discretion, suspend or terminate your Service.

4. Network Protection. PTC offers users a security antivirus service for a monthly fee.

5. Devices. Users may generally attach the devices of their choice and run the applications of their choice, subject to the limitations of the service plan and PTC’s AUP. While many devices such as routers, Bluetooth and WiFi cards, laptops, notebooks and tablets are readily available from third party sources, such as consumer electronics retailers, other devices, such as DSL modems, proprietary network gateways, and base stations must be provided by or leased from PTC. Users are advised to contact PTC’s technical support before purchasing any third party equipment to ensure compatibility with the network. PTC is not responsible for the compatibility, suitability or functionality of any equipment that is provided by the customer or any third party, and the customer remains fully responsible for ensuring that any such equipment does not cause any harm to the network or degrade the service of other users.
6. All users are fully responsible for securing their equipment, including wireless routers, to prevent unauthorized access to the network by third parties and will be held fully responsible for the actions of such third parties that gain unauthorized access to the network through unsecured end user equipment.

V. PRIVACY POLICY RELATED TO NETWORK MANAGEMENT PRACTICES
1. Information collected. PTC may collect information about your use of our products and services. Specifically, PTC collects account information such as your name, address, telephone number, e-mail address, and service details such as payment methods and service history.

2. Use of Information. PTC uses the information collected for purposes such as billing, to deliver and maintain products and services, and to help you with service-related issues and questions. This information may also be used to manage and protect our networks, services and users from fraudulent, abusive, or unlawful uses.

3. Use of Third Party Applications/Websites. Please note that PTC is not responsible for information, content, applications or services provided by others. Before you access, use, link to or download a service or application on your computer or wireless device, you should review the associated terms of service and privacy policy. Personal information you submit in those contexts may be read, collected or used by the service or application provider and others associated with these forums in a manner different from that described here.

4. Information Provided by Third Parties. When you purchase products or apply for service with us, PTC may obtain credit information about you from outside credit reporting agencies to help us with customer authentication and credit-related decisions.

5. Retention of Information. PTC retains customer information in our business records while you are a customer, or until it is no longer required for business, tax or legal purposes.

VI. PTC CONTACTS
If you have any questions or complaints about any of the policies outlined above, how they pertain to you, or specific service and network questions relating to your account, you can contact our offices in the following ways:

Toll Free: 866-689-9878
Local: 563-689-3811
Fax: 563-689-3716
E-mail: markak@prestontel.com
Address: Preston Telephone Company
111 N. Anna St.
Preston, IA 52069

The company will make all attempts to resolve any questions, problems, or complaints received, however some items may not be within the company’s control to solve.

For any complaints or questions concerning any third party applications or services that you subscribed to, please contact those vendors directly for support. The company is not responsible or liable for any problems resulting from the use of third party vendors, and generally will not be able to answer questions or provide support for these applications.

Effective: September 21, 2017

   
 

Preston Telephone Company
111 N. Anna St.
Preston, IA 52069

Toll Free: 866-689-9878
Local: 563-689-3811
Fax: 563-689-3716
E-mail: markak@prestontel.com

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