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Bijou Telephone Service Agreement

 

Eastern Colorado Independent Networks Acceptable Use Policy

 

Internet Service Disclosure Statement

 

Eastern Colorado Independent Networks and its affiliates (collectively, "ECIN") and Bijou Telephone Co-op (collectively "BTC") have formulated this Acceptable Use Policy ("AUP") in order to encourage the responsible use of ECIN’s and BTC's networks, systems, services, web sites and products (collectively, the "ECIN Network and Services") by our customers and other users of the ECIN Network and Services (collectively, "Users"), and to enable us to provide Users with secure, reliable and productive services.

By using the ECIN Network and Services, Users consent to be bound by the terms of this AUP. ECIN reserves the right to modify this AUP in its discretion at any time. Such modifications will be effective when posted. Any use of the ECIN Network and Services after such modification shall constitute acceptance of such modification.

General Conduct
The ECIN Network and Services must be used in a manner that is consistent with the intended purpose of the ECIN Network and Services and may be used only for lawful purposes. Users shall not use the ECIN Network and Services in order to transmit, distribute or store material: (a) in violation of any applicable law or regulation, including export or encryption laws or regulations; or (b) that may expose ECIN to criminal or civil liability. Users are further prohibited from assisting any other person in violating any part of this AUP.

Privacy Policy

Our privacy policy may be published and updated from time to time on our website, and that policy will supersede the policy stated in this paragraph.  Our equipment automatically collects and uses, in the ordinary course of network operations, the electronic information that is generated automatically by your computer in the ordinary course of online access, such as the IP address of your computer, the number of bytes transmitted online through your account, and the DNS addresses of the Internet domain servers to which your browser is directed.  We collect and use your personal information for the purposes of billing and providing the services to you.  We do not disclose your personal information to others unless compelled to do so by law, or authorized to do so by you, or to the extent necessary to remedy any breach of this contract by you.


Responsibility for Content
ECIN takes no responsibility for any material created or accessible on or through the ECIN Network and Services. ECIN is not obligated to monitor or exercise any editorial control over such material, but reserves the right to do so when necessary and permitted by law. In the event that ECIN becomes aware that any such material may violate this AUP and/or expose ECIN to civil or criminal liability, ECIN reserves the right to block access to such material and suspend or terminate any User creating, storing or disseminating such material. ECIN further reserves the right to cooperate with legal authorities and third parties in the investigation of alleged unlawful conduct, including disclosing the identity of the User that ECIN deems responsible for such conduct.

Inappropriate Content
Users shall not use the ECIN Network and Services to transmit, distribute or store material that is unlawful or inappropriate, as reasonably determined by ECIN, or material that is indecent, obscene, pornographic (including child pornography), defamatory, libelous, threatening, abusive, hateful, or excessively violent. ECIN reserves the right to disable or otherwise terminate any web site that contains inappropriate content as defined herein, but shall not be obligated to do so.

Intellectual Property
Material accessible through the ECIN Network and Services may be subject to protection under privacy, publicity, or other personal rights and Intellectual Property rights, including but not limited to, copyrights and laws protecting patents, trademarks, trade secrets or other proprietary information. Users shall not use the ECIN Network and Services in any manner that would infringe, dilute, misappropriate, or otherwise violate any such rights. If you use a domain name in connection with any of the ECIN Network and Services, you must not use that domain name in violation of the trademark, service mark, or other rights of any third party.

Harmful Content
Users shall not use the ECIN Network and Services to publish, transmit, distribute or store material that contains a virus, worm, Trojan horse, or other component harmful to the ECIN Network and Services, any other network or equipment, or other Users.

Fraudulent/Misleading Content
Users shall not use the ECIN Network and Services to publish, transmit or distribute material containing fraudulent offers for goods or services, or any advertising or promotional materials that contain false, deceptive, or misleading statements, claims, or representations. In addition, Users are prohibited from submitting any false or inaccurate data on any order form, contract or online application, including the fraudulent use of credit cards.

Email and Unsolicited Messages
Users shall not use the ECIN Network and Services to send unsolicited e-mail messages, including, without limitation, bulk commercial advertising or informational announcements ("spam"). Further, Users are prohibited from using the service of another provider to send spam or to promote a site hosted on or connected to the ECIN Network and Services. In addition, Users shall not use the ECIN Network and Services in order to (a) send e-mail messages which are excessive and/or intended to harass or annoy others, (b) continue to send e-mail messages to a recipient that has indicated that he/she does not wish to receive them, (c) send e-mail with forged TCP/IP packet header information, (d) send malicious e-mail, including, without limitation, "mailbombing", (e) send or receive e-mail messages in a manner that violates the use policies of any other internet service provider, or (f) use an e-mail box exclusively as a storage space for data.

Third Party Rules
Usenet Users may have access through the ECIN Network and Services to search engines, subscription Web services, chat areas, bulletin boards, Web pages, USENET, or other services that promulgate rules, guidelines or agreements to govern their use. Users must adhere to any such rules, guidelines, or agreements. Users who post messages to Usenet newsgroups are responsible for becoming familiar with any written charter or FAQ governing use of such newsgroups and complying therewith. However, all usage materially affecting ECIN or other ECIN Users shall be governed by this AUP, notwithstanding any conflicting provision in third party rules, guidelines, agreements, or terms of usage.

System and Network Security
Users are prohibited from violating or attempting to violate the security of the ECIN Network and Services, including, without limitation, (a) accessing data not intended for such User or logging into a server or account which such User is not authorized to access, (b) impersonating ECIN personnel, (c) attempting to probe, scan or test the vulnerability of a system or network or to breach security or authentication measures without proper authorization, (d) attempting to interfere with, disrupt or disable service to any user, host or network, including, without limitation, via means of overloading, "flooding", "mailbombing", "denial of service" attacks or "crashing", (e) forging any TCP/IP packet header or any part of the header information in any e-mail or newsgroup posting, (f) taking any action in order to obtain services to which such User is not entitled, or (g) attempting to utilize another User's account name or persona without authorization from that User. Users are also prohibited from attempting any action designed to circumvent or alter any method of measuring or billing for ECIN services. Violations of system or network security may result in civil or criminal liability. ECIN will investigate occurrences which may involve such violations and may involve, and cooperate with, law enforcement authorities in prosecuting Users who are involved in such violations.

Suspension; Termination
Any User which ECIN determines to have violated any element of this AUP may be subject to a suspension or termination of service, and if ECIN deems it necessary, immediate suspension or termination of such User's service without notice. ECIN may take such further action as ECIN determines to be appropriate under the circumstances to eliminate or preclude repeat violations, and ECIN shall not be liable for any damages of any nature suffered by any Customer, User, or any third party resulting in whole or in part from ECIN's exercise of its rights under this AUP.

General Provisions
This AUP is a binding contract between ECIN and each User. It may not be modified except in a written document published to Users by ECIN. Any violation of this AUP by a User will entitle ECIN in its discretion to suspend or terminate its services to such User. ECIN’s restraint or inaction in response to a violation of this AUP shall not constitute a waiver of such or any violation or of ECIN’s rights under this AUP. This AUP is not intended to create any legal rights or remedies in third parties, and there are no intended third party legal beneficiaries of this AUP. No third party has any right to bring any action to enforce this AUP, or to force ECIN or any User to take or refrain from any action based upon this AUP, or to bring any legal action against ECIN or any User based upon this AUP. ECIN shall not be liable to any User in the event of interruptions in service for the maintenance, repair or improvement of ECIN facilities, or caused by any circumstances that are reasonably beyond ECIN’s control. This AUP is made in the State of Colorado and shall be governed by Colorado law. Any disputes or claims arising under or related to this AUP or any violation thereof must be adjudicated exclusively in a court located in the County of Arapahoe, State of Colorado.

Violations of this AUP may be reported by calling Customer Service. 303-822-5400

 

 

Network Management Practices

ECIN utilizes reasonable practices to ensure the security, integrity and performance of its Internet network.  These practices include but are not limited to:

 

  1. Congestion Management – ECIN measures and monitors network performance in order to ensure a consistent and high quality Internet access service is being provided to its customers.  In the event ECIN identifies congestion in any part of its network, ECIN will take the steps necessary to resolve such an issue.  These steps include, but are not necessarily limited to, identifying unreasonably high individual customer usage and temporarily limiting available bandwidth to those customers, identifying specific types of high usage traffic and limiting available bandwidth available to those specific types of activity, and other such practices as to ensure sufficient bandwidth is available to all of ECIN’s customers.

 

  1. ECIN at this time does not limit access or bandwidth to any specific Internet applications in relation to ECIN’s network.  However, ECIN reserves the right to reasonably manage its network and may, in the future, consider such a practice.  The implementation of any such application-specific limitation policy will be clearly noted in an update to this Disclosure Statement.

 

  1. ECIN operates secure data networks protected by industry standard firewall and password protection systems. Our security and privacy policies are periodically reviewed and enhanced as necessary and only authorized individuals have access to the information provided by our customers.  In addition, ECIN may identify spam and prevent its delivery to customer email accounts, detect malicious Internet traffic and prevent the distribution of viruses or other harmful code or content and use other tools and techniques that ECIN may be required to implement in order to meet its goal of delivering the best possible broadband Internet experience to all of its customers.

 

This Disclosure statement applies only to the network owned by or otherwise under the control of ECIN, Bijou Telephone, and/or any affiliates.  ECIN is not making any disclosure of any network management practice that may be employed by other network or service providers who may be involved in the customer’s broadband Internet access service.

 

 

Please contact Customer Service at 303-822-5400 if you have any questions or concerns about this AUP or Disclosure Statement.