Network Management & Acceptable Use Policy
Mid Century Telephone Cooperative Network Management and Acceptable Use Policy Mid Century Telephone Cooperative’s (MCTC) Network Management and Acceptable Use Policy (AUP) with respect to Internet service (Service) includes the following terms and provision. The terms and provisions of this AUP are without limitation of any rights to suspend or terminate Service that the Company otherwise possesses under the Service Agreement or applicable law. MCTC commits to the open and non-discriminatory use of the Internet by its customers and commits to use reasonable network management practices to ensure an open Internet. MCTC will manage its network and provide access in accordance with the Federal Communications Commission’s (FCC’s) Open Internet Rules (adopted December 21, 2010 in 25 FCC Rcd 17905) and in compliance with any future rules adopted by the FCC. Applicability. This AUP applies to you as a customer and to any other person, authorized or unauthorized, using your Service (each such person, a User). For purposes of this AUP, your use includes, and you are responsible for, the use of all Users who access Service through your account. Transparency. MCTC shall make available public information on its website (http://midcentury.com/corporate-legal-regulatory/network-management-acceptable-use-policy/) regarding its network management practices, performance and commercial terms of its service sufficient for consumers to make an informed choice regarding their use of such services. MCTC will not unjustly or unreasonably prevent or interfere with competition among content, applications, service, or device providers. Payment. Customer agrees to pay for the Mid Century High Speed Internet (MCHSI) service for a minimum of twelve (12) months. If customer terminates service within the first twelve (12) months of this signed agreement, the customer will be billed the ADSL line charge of $95.00. All charges will be billed by MCTC on the first of each month, included in your MCTC statement, payable by the 25th of that same month. Failure to pay by the specified due date may result in your service being discontinued. A reconnect fee will be required to re-establish service. One (1) single port external DSL modem will be provided by MCTC at the time of installation. In consideration of MCTC providing the DSL modem, customer agrees to pay an application fee and monthly service charge for a minimum of twelve (12) months. If the service is terminated within the first twelve (12) months of the signed agreement, the customer will be billed and agrees to pay the ADSL line charge. Both MCTC and the customer may terminate this agreement at any time, after the initial 12-month term, by giving notice to the other. Such notice is effective when given and customer is obligated to pay for service through the termination date. MCTC provides a ninety (90) day warranty covering the modem, excluding damage caused by storm, lightning or abuse. Beyond the 90 day warranty, customer is responsible for replacement of the modem. MCHSI requires an Ethernet card (contact customer service, 877-643-2368, for further information). Customer is responsible for the purchase and installation of the Ethernet card. MCHSI package includes one (1) E-mail address. Additional E-mail addresses can be obtained for an additional monthly charge per address. MCHSI package does not include any personal disk space on MCTC servers for creating personal web pages or storage. Compliance. Pursuant to the Service Agreement, all customers have agreed to and must comply with this AUP. MCTC reserves the right to terminate or suspend Service immediately or to otherwise disconnect, remove, block, filter or restrict your use of Service if the Company determines, in its sole discretion, that such use violates this AUP. MCTC will cooperate with legal authorities and/or third parties in the investigation of any suspected or alleged crime or civil wrong. If MCTC believes that you have used Service for an unlawful or unauthorized purpose, the Company may forward the relevant communication and other information, including your identity, to the appropriate authorities for investigation and prosecution. You hereby consent to MCTC ‘s forwarding of any such communications and information to these authorities. In addition, MCTC may provide information in response to law enforcement requests, lawful government requests, subpoenas, and court orders, to protect its rights and property and in the case where failure to disclose the information may lead to imminent harm to you or others. Network Security and Congestion Management. MCTC uses generally accepted technical measures to provide acceptable service levels to all customers, such as application-neutral bandwidth allocation, as well as measures to address service attacks, illegal content and other harmful activities to protect network integrity and reliability. In order to properly maintain the MCTC network, MCTC reserves the right to change customer’s IP, gateway, and subnet addresses. MCTC reserves the right to prioritize traffic based on real time and non-real time applications during heavy congestion periods based on generally accepted technical measures. MCTC reserves the right to set speed thresholds on the amount of data you as a customer can upload and download within stated time periods. If you exceed these thresholds, MCTC may temporarily limit the speed at which you can send and receive data over the MCTC access network. MCTC may use other traffic management and prioritization tools to help ensure equitable access to the MCTC network for all customers. MCTC reserves the right to monitor customer usage to efficiently manage the performance of the network to ensure a sustainable quality broadband service is provided. Peak network usage is between 4 pm and 11 pm Monday – Friday and 10 am – 11 pm Saturday and Sunday. During peak usage times, MCTC reserves the right prioritize applications such as browsing, email, streaming, instant messaging, gaming and VoIP. Congestion due to malfunctioning hardware and/or software will be remedied as quickly as network engineers can diagnose and identify the offending hardware / software. Congestion due to malice will be remedied using any technique available, including protocol-aware filtering and rate-limiting, to control and limit the offending source. MCTC may seek criminal charges against those who inflict network malice. MCTC may also attempt to recover costs incurred from network malice. Mid Century High Speed Internet (MCHSI) is an ALWAYS on connection. Obtaining and maintaining an adequate firewall system to prevent hackers is the Customer’s responsibility. It is not acceptable to use the MCTC network for any purpose that violates local, state or federal laws or to transmit communications that might be highly offensive or damaging to any recipients or to use the service in a manner that is unintended. It is not acceptable to interfere with, violate, circumvent, misuse, distribute or disrupt network users, equipment or services, which include but are not limited to: • Attempting to obtain unauthorized access to any network or account. This includes accessing data not intended for end user customers, logging into a server or account without being expressly authorized to access or probing the security of other networks. • Attempts to interfere with the Service of others including users, hosts and networks. This includes “denial of service” attacks, “flooding” of networks, deliberate attempts to overload a Service and attempts to “crash” any host. • Reselling any MCTC Internet Services, without MCTC’s written consent. • Distribution of MCTC Internet Services beyond the scope of your end-user account. • Equipment, accessory, apparatus, circuit or devices that are harmful to the network, shall not be attached to or connected with MCTC facilities. • Circumventing copyright laws and regulation, including the unauthorized download of music, video, images, books, software or content and/or other copyright protected works. MCTC provides Spam filtering with each customer’s email address. Details of this service are listed on MCTC’s website. MCTC will not ask you for your password in an unsolicited telephone call or email. If you believe your password has been compromised, you should immediately change your password to prevent the unauthorized use of it. Blocking. MCTC shall not unjustly or unreasonably block access to lawful content, applications, services or non-harmful devices, subject to reasonable network management. Discrimination. MCTC shall not unreasonably discriminate in transmitting lawful network traffic over a consumer’s broadband Internet access service, subject to reasonable network management practices. Termination of Service. MCTC has the right to terminate access to or use of Service as provided in this AUP. Access to and use of Service is subject to strict compliance with law and applicable agreements. These services are provided by MCTC, PO Box 380, Fairview, IL 61432. This agreement shall be governed by and construed in accordance with the laws of the State of Illinois applicable to contracts to be performed entirely within the State. Modifications. MCTC may modify the terms and conditions of this AUP in a commercially reasonable manner from time to time and shall provide you notice of such changes by website publication, bill message or other commercially reasonable notice. Your use of Service following such notice constitutes your agreement to the modified terms and conditions. No Warranty. MCTC makes no express or implied warranty of any kind. There is no express or implied warranty of merchantability of fitness for a particular purpose for the services to be provided by MCTC. MCTC makes no attempt to verify accurate receipt of any message and is not responsible for any loss of data resulting from delays, nondeliveries, incorrect deliveries or service interruptions, including those caused by the negligence, errors or omissions of MCTC, nor for consequential damages regardless of their cause. Commercial Pricing. Please click on the following website link for pricing information including monthly prices, usage-based fees, and fees for early termination or additional network services: http://midcentury.com/internet-2/ Contact Information. If you have any questions regarding this policy, please contact MCTC customer service at: email@example.com or 309-778-8611. READ CAREFULLY: BY SIGNING THE SERVICE AGREEMENT AND/OR USING SERVICE, YOU ACKNOWLEDGE THAT YOU HAVE CAREFULLY REVIEWED AND ARE FULLY FAMILIAR WITH THIS ACCEPTABLE USE POLICY, AND YOU AGREE TO COMPLY WITH ALL OF THE TERMS, CONDITIONS AND PROVISIONS CONTAINED HEREIN.