Residential Internet

Effective December, 1995
Revised February 6, 2015

General

While Perry-Spencer Communications, Inc. (PSC) does not monitor the stored content or transmission of its subscribers, we must be able to respond to complaints by governmental authorities, affected parties and other Internet Service Providers (ISPs). PSC has adopted this “Acceptable Use Policy” (AUP) in attempt to balance interference or risk of harm arising from its subscribers’ use of PSC Internet Service with the interests of those who may be affected by such use. Because the AUP may change from time to time, changes will be posted on PSC’s website. Continued usage of your account after a new policy has gone into effect constitutes acceptance of that policy.

Use Policy

Use of PSC Internet Service for illegal activities of any kind, including unauthorized use (or attempted unauthorized use) of PSC machines or other machines on the Internet, forging header information or user identification information and pirating software is strictly prohibited. Internet access and all other services provided to PSC subscribers must be used for lawful purposes only, and use by a subscriber of PSC Internet Service for the transmission or storage of any information, data or material in violation of any federal or state regulation or law (including, but not limited to, material protected by copyright, trade secrets, and information that is confidential as matter of law) is strictly prohibited. The subscriber may not use PSC Internet Service to transmit or store any information, data, or material that is threatening, libelous, or obscene.

E-Mail

Sending harassing or mass unsolicited e-mail is prohibited. Forging header information in e-mail is prohibited. Impersonating others by forging one’s e-mail address is prohibited. All email sent by each PSC Internet Service subscriber will be scanned.  If a message you attempt to send appears to contain a virus or it appears that email messages coming from your account are being generated by a computer Worm, these messages will be blocked. PSC may also suspend your email sending ability until the situation can be corrected. If this happens, please contact PSC for assistance in identifying and removing the virus/worm from your computer.

Prohibited Hosting Services

PSC Internet Service subscribers may not run programs or servers that provide network content or connectivity. (A “server” is a “host” computer that connects other computers.) Examples include, but are not limited to use of Mail, FTP, and HTTP servers. However, subscribers may utilize Virtual Private Network (VPN) clients and/or servers, as well as Terminal Server hosts and clients. These prohibitions WILL NOT preclude typical use of PSC Internet Service by most subscribers for “web surfing”, usual and customary e-mail correspondence and a reasonable amount of downloading.

Internet Access Resale

The reselling of all PSC Internet access services is strictly prohibited unless permission is received in writing from PSC.  PSC Internet Service is not to be sold, shared with a second entity, extended, redistributed or retransmitted via wired or wireless networks outside the primary location.

Excessive Use

PSC knows that a subscriber’s use of available bandwidth may “peak” for short periods of time when viewing streaming video, uploading/downloading a large file or sending large e-mails, and PSC should not be required to limit bandwidth availability in those instances. However, when a customer’s peak use extends for hours or days at a time and impacts the performance of other customers’ services, PSC may limit your bandwidth.

PSC will use a network utilization, monitoring and reporting system to identify and confirm excessive use. PSC will make a good faith and reasonable effort to contact a subscriber PSC believes is making excessive use of its PSC Internet Service prior to limiting bandwidth, and to discuss ways the customer may avoid such limitation. However, subscribers PSC determines to be making Excessive Use of PSC Internet Service may have service limited, suspended or, if necessary, terminated.

FTP Sites

Use of PSC’s FTP server for advertising purposes requires an FTP account. Reselling FTP space is prohibited.

Files containing sexually explicit, lewd or indecent material may not be stored on PSC’s FTP server.

Using PSC’s FTP server for the exchange of pirated software or software designed to facilitate copyright infringement, unauthorized use of computer systems, credit card fraud or other illegal activity is prohibited.

Storage/Transferring of Files

Storing, transferring or allowing to be transferred (this includes FTP and the Web) any internal PSC file that is not located in the user’s own directory structure and owned by the user is prohibited. This includes but is not limited to sending via FTP, allowing outside access to, mailing or otherwise giving access to any file that is not owned by the user.

Hacking/Cracking software, utilities or files

Any program, utility or file that can be used to allow unauthorized access or gain unauthorized information about a computer, network or file is prohibited.

Non-Compliance of Services and Consequences

Engaging in activities, whether lawful or unlawful that PSC determines to be harmful to its network, operations, reputation, goodwill, Subscribers, or Subscriber relations is prohibited.  PSC has absolute discretion in determining whether a Subscriber’s activities or use of PSC’s Service(s) are in violation of this Acceptable Use Policy (AUP). Inappropriate activity or abuse of Services whether generated from a Subscriber or targeted towards a Subscriber such as Distributed Denial of Service (DDoS) attacks may result in suspension or termination of the Subscriber’s access to or use of the Services. PSC reserves the right to determine that any conduct that is or could be harmful to PSC’s network or Subscribers is in violation of this AUP and PSC expressly reserves the right, at its discretion, to pursue any remedies that it believes are warranted which may include, but are not limited to, the issuance of written or verbal warnings, filtering, blocking, suspending, or terminating accounts, billing Subscribers for administrative costs and/or reactivation charges or bringing legal action to enjoin violations and/or to collect damages, if any, caused by Subscriber violations. Such actions may be taken by PSC without notice to Subscriber. PSC maintains the right to terminate Subscribers’ service that violates this AUP. Upon such a termination of Service pursuant to this AUP, Subscribers will remain financially responsible for any early termination fees that apply. Before taking such action, PSC shall notify Subscriber in writing and afford Subscriber a reasonable opportunity to remedy the alleged failure to comply with the AUP, provided only that no cure or notice period shall be required when, in PSC’s sole opinion, there is an immediate and material threat to the integrity or security of PSC’s network or to PSC Services it provides to others using PSC’s network. In such circumstances, PSC shall provide Subscriber with notice of the Service termination at the same time as such termination, or as soon afterwards as is reasonably practical. In the case of repeat violations of the same offense, the second offense will result in a 3-day suspension of Internet service and the third offense will result in termination of service. By using PSC’s Services, Subscribers agree to indemnify PSC for any violation of this AUP that results in loss to PSC or the bringing of any claim against PSC by any third-party. That is, if PSC is sued because of a Subscriber’s activity, the Subscriber will pay any damages awarded against PSC, plus costs and reasonable attorneys’ fees.

Effective December, 1995
Revised June 3, 2013

You the applicant understand and accept these Terms and Conditions and agree to pay for these services according to the rates and billing policies currently in effect.

If PSC does not receive your payment when due, your account may be terminated. Termination of your account does not remove your responsibility under this agreement to pay all fees incurred up to the date the account was cancelled, including any reasonable attorney fees and costs incurred by PSC (including early termination fee if applicable).

Use of any information obtained via this service is at your own risk. PSC specifically denies any responsibility for the accuracy or quality of information obtained through our service.

If you use another organization’s networks or computing resources, you are subject to their respective usage policies.

These PSC Terms and Conditions are subject to change without notice. A current copy will always be available on-line through our homepage at http://www.psci.net/. Continued usage of your account after a new policy has gone into effect constitutes acceptance of that policy. We encourage you to regularly check the policy statement for any changes. (The revised date at the top will be updated to indicate a new revision).

You will notify PSC of any changes in account contact information, such as your address or telephone number.

You are responsible for how your account is used. You may allow others to use it, bearing in mind that you are fully responsible for what they do.

Prices or charges for various packages and services provided are subject to change upon thirty (30) days notice. Continued use of the services provided hereunder shall constitute acceptance of the price or charge changes and agreement to pay said prices and charges.

You may cancel your account at any time upon prior written notice to us. You will still be responsible for any fees incurred up to the date of termination of this service. PSC will reimburse you for any unused fees where appropriate on a pro-rata basis.

These PSC Terms and Conditions and the PSC Acceptable Use Policy supersede all previous representations, understandings or agreements and shall prevail notwithstanding any variance with terms and conditions of any order submitted.

Copyright Infringement: Some of the information available on the Internet is protected by copyright laws. Unless you have permission from the copyright holder, you are not allowed to copy or redistribute this information to others via any format, including use of this information on radio, television or printed media, such as newspapers, magazines or newsletters, and electronically.

In accordance with the Digital Millennium Copyright Act (DMCA), an agent has been designated to receive notification of a claimed copyright infringement for the Perry-Spencer Rural Telephone Cooperative (d.b.a. PSC) Domain (psci.net). Any claims of copyright infringement should be directed to:

copyright@psci.net (Email)
1-800-511-4899 (Telephone)
1-812-357-2211 (Fax)

In the event PSC receives an allegation of copyright infringement involving your account, PSC will provide written notice of the alleged infringement to you at your PSC registered email address. PSC reserves the right to terminate your account in accordance with the DMCA for copyright violations. Therefore, by subscribing to PSC Internet service, you assume responsibility for monitoring your registered PSC email address for communications related to your account.

PSC has a strict anti-junk email policy. PSC reserves the right to block any and all email messages that it considers to be junk and/or unsolicited from outside email servers.

All email sent by each PSC customer will be scanned. If a message you attempt to send appears to contain a virus or it appears that email messages coming from your account are being generated by a computer Worm, these messages will be blocked. PSC may also suspend your email sending ability until the situation can be corrected. If this happens, please contact PSC for assistance in identifying and removing the virus/worm from your computer.

PSC MAKES NO WARRANTIES OF ANY KIND, WHETHER EXPRESSED OR IMPLIED, INCLUDING ANY IMPLIED WARRANTY OF MERCHANTABILITY OR FITNESS OF THIS SERVICE FOR A PARTICULAR PURPOSE. PSC TAKES NO RESPONSIBILITY FOR, AND YOU AGREE TO HOLD PSC HARMLESS FROM, ANY DAMAGES SUFFERED BY YOU INCLUDING, BUT NOT LIMITED TO, DAMAGE TO EQUIPMENT OR SOFTWARE, OR LOSS OF DATA, CAUSED BY YOUR USE OF THIS SERVICE AND WHETHER CAUSED BY PSC’S OWN NEGLIGENCE OR YOUR ERRORS AND/OR OMISSIONS.

PSC services may only be used for lawful purposes. Applicant understands and accepts PSC’s Acceptable Use Policy which additionally outlines the appropriate use of this service. Transmission of any material in violation of any United States or state laws or regulations is prohibited. This includes, but is not limited to: copyrighted material, threatening or obscene material, or material protected by trade secret. You agree to indemnify and hold harmless PSC from any claims resulting from your use of this service which damages you or another party. PSC does not monitor your use of PSC’s services. However, PSC will work cooperatively with law enforcement officials upon receipt of a subpoena and in furtherance of the Electronics Communications Privacy Act. Furthermore, if PSC receives notice that you have illegally downloaded, copied or distributed copyrighted material without the copyright owner’s permission, PSC will take all appropriate steps in accordance with the DMCA.

PSC Internet Service subscribers may not use service to run programs or servers that provide network content or connectivity. (A “server” is a “host” computer that connects other computers.) Examples include, but are not limited to use of Mail, FTP, and HTTP servers. However, subscribers may utilize Virtual Private Network (VPN) clients and/or servers, as well as Terminal Server hosts and clients. These prohibitions WILL NOT preclude typical use of PSC Internet Service by most subscribers for “web surfing”, usual and customary e-mail correspondence and a reasonable amount of downloading.

PSC knows that a subscriber’s use of available bandwidth may “peak” for short periods of time when viewing streaming video, uploading/downloading a large file or sending large e-mails, and PSC should not be required to limit bandwidth availability in those instances. However, when a customer’s peak use extends for hours or days at a time and impacts the performance of other customers’ services, PSC may limit your bandwidth.

PSC will use network utilization, monitoring and reporting system to identify and confirm excessive use. PSC will make a good faith and reasonable effort to contact a subscriber PSC believes is making excessive use of PSC Internet Service prior to limiting bandwidth, and to discuss ways the subscriber may avoid such limitation. However, subscribers that PSC determines to be making Excessive Use of PSC Internet Service may have service limited, suspended or, if necessary, terminated.

PSC Internet Service is an “always on” technology. If your computer holds sensitive data, you should consider firewall protection such as a Cisco PIX firewall or a stand-alone proxy server.

An Ethernet Network Interface Card (NIC) in your computer is required for broadband services.

PSC Internet Service will be installed to a single computer, or subscriber provided router. If subscriber does not have a computer at time of installation, technician will install and test PSC Internet Service without the subscriber’s computer.  Any subsequent trips requested by the subscriber for PSC Internet Service assistance after initial installation is billable at time ($60/hr. during normal business hours) and material charges. Individual PSC Internet Service outages requiring dispatch will be responded to no later than the next business day. Internet tech support is available 24/7 by calling 1-877-915-7724.

Due to TCP/IP overhead the data transfer rate will be less than the package rate chosen below. The volume of Internet backbone traffic and contention (competition by users of a system for the use of the same facility at the same time) among PSC subscribers on PSC’s Broadband Network may have an adverse effect on data transfer rates.

Liability for any damages to subscriber’s equipment that may occur as a result of connection to PSC Internet Service is strictly that of the customer.

A QUALITY OF SERVICE GUARANTEE IS NOT AVAILABLE ON ANY PSC INTERNET SERVICE. SERVICE INTERRUPTIONS COULD BE FOR EXTENDED PERIODS OF TIME.

All wireless equipment pertaining to PSC Internet Service is owned and maintained by PSC and its affiliates. Upon termination of service, PSC will attempt to schedule with the subscriber a date to recover its equipment. If arrangement with subscriber to recover wireless equipment cannot be scheduled within 60 days of termination of service date, PSC will invoice subscriber for wireless equipment.

OPEN INTERNET POLICY

PSC adopts this Open Internet Policy in compliance with the Federal Communications Commission’s (FCC’s) Open Internet Framework requirements (GN Docket No. 09-191 and WC Docket No. 07-52). This Open Internet Policy is effective as of November 20, 2011.

The practices, characteristics, and terms and conditions within this Open Internet Policy are intended to promote the Internet as an open platform enabling customer choice, freedom of expression, end-user control, competition, and the freedom to innovate without permission, while permitting PSC to manage its network reasonably. PSC may add, delete, or modify certain practices, performance characteristics and term and conditions from time to time at its discretion.

No Unreasonable Discrimination : PSC does not unreasonably discriminate in transmitting lawful network traffic over a customer’s broadband Internet access service, subject to reasonable network management. Reasonable network management practices are set out below.

PSC does not:

• Discriminate among specific uses, or class of uses, of its network
• Impair, degrade or delay VoIP applications or services that compete with its voice services
• Impair, degrade, delay or otherwise inhibit access by customers to lawful content, applications, services or non-harmful devices
• Impair free expression by actions such as slowing traffic from particular web sites or blogs
• Demand pay-for-priority or similar arrangements that directly or indirectly favor some traffic over other traffic
• Prioritize its own application, services or devices or those of its affiliates

No Blocking : PSC does not block lawful content, applications, services, or non-harmful devices, subject to reasonable network management. Network management practices are set forth below.

NETWORK MANAGEMENT PRACTICES  

General:  PSC manages its network with the goal of providing the best practicable broadband Internet experience to all of its customers. Within the scope of its resources, it attempts to deploy and maintain adequate capacity and facilities within its own network, and to acquire sufficient Middle Mile capacity or facilities outside its service area to connect with the Internet. PSC and its staff use their best efforts to monitor, address, and minimize (but cannot guarantee that it can prevent) the effects of spam, viruses, security attacks, network congestion and other actions which can affect service, but does use various filters, monitoring efforts and other measures to minimize the effects of spam, viruses, security attacks, network congestion and other actions which can affect the service provided to customers.

Congestion : PSC has not experienced substantial problems with congestion. However, it may be possible that there are congestion events that may occur in the future, particularly as it may be related to the service capacity from third parties used by PSC to provide the customer with access to the Internet. Such service capacity is outside the control of PSC.

Where feasible, PSC will address congestion issues through improvements to its network or the capacity purchased from other providers needed to connect to the Internet. Such processes take time to implement and may not be feasible in all situations. Therefore, PSC reserves the right to monitor and identify which customer accounts are using the greatest amount of bandwidth during periods of heavy congestion and to work to provide solutions to address those issues. If a preferred solution cannot be worked out with the customer or customers, PSC reserves the right to manage the Internet traffic of high volume customers during periods of significant congestion. This means that the affected customers will still be able to access the Internet and engage in activities that they desire, but during certain periods of time they may experience longer times to download or upload files. It is expected that any periods of traffic management due to congestion will be brief and infrequent.

Use of Network : In no case will PSC discriminate among customers on the basis of the type of content, applications, services or devices which the customer uses.

Applications:  Customers may use any lawful and commercially available application which they desire. PSC does not normally monitor the contents of the traffic or applications of the customers and undertakes no obligation to monitor or investigate the lawfulness of any specific application used by a customer. PSC will only take steps regarding an application-specific behavior by a customer if there is a reasonable belief that the application will cause harm to PSC’s network or is unlawful, including, but not limited to, violating intellectual property rights.

Devices:  PSC does not have any approval procedures that must be satisfied before a device can be connected to its network. Customers may use any lawful, compatible, type-accepted (if necessary) and commercially available device which they desire on the PSC network, as long as such device does not harm the network.

Security:  PSC undertakes no obligation to monitor or protect customer traffic from spam, viruses, denial of service attacks or other malicious, unlawful or unwarranted activities. PSC does not guarantee that it can protect customers from any or all security breaches. The customer is using this service at its own risk. Customers are cautioned to purchase their own spam filtering and antivirus software from commercial vendors to meet their needs. However, a customer that is subject to spam, virus, denial of service attack or similar malicious, unlawful or unwarranted activities is urged to contact PSC as soon as possible. PSC will work with the customer on how the customer can take appropriate and economically reasonable efforts to address the matter.

Other Matters:  Other terms and conditions for use (e.g., P2P wireless Internet traffic) are found in PSC’s Terms and Conditions and PSC’s Acceptable Use Policy.  These policies can be found on our Internet page. PSC’s Terms and Conditions and Acceptable Use Policy control to the extent there is any inconsistency with this Policy.

PERFORMANCE CHARACTERISTICS

Actual access speeds and delay times or latency are impacted by the length, capacity and congestion of transport facilities purchased by PSC from third party providers and also affected by significant use of specialized services such as Internet-based video services. PSC cannot guarantee that it will be able to obtain capacity from these third party providers at commercially reasonable prices if and when additional third party capacity is needed to reach Internet nodes.

PRIVACY

As a general statement, PSC does not usually entail inspection of network traffic. PSC does retain and store certain traffic information for time periods required by federal and state law, including, but not limited to, the identity of the customer using a particular IP address during a specific period of time. PSC does assist law enforcement and provides traffic information that it may have available to it when requested pursuant to the Communications Assistance for Law Enforcement Act, the Foreign Intelligence Surveillance Act and other applicable national and state security and criminal statutes.

PSC DOES NOT COLLECT, STORE OR USE TRAFFIC INFORMATION TO PROFILE ITS CUSTOMERS IN ORDER TO SELL ADDITIONAL SERVICES TO THEM OR FOR NON-NETWORK MANAGEMENT PURPOSES.
REDRESS OPTIONS

Questions and complaints regarding the foregoing matters should be addressed to PSC at 812-357-2123. Customers that are not able to obtain satisfaction from PSC have the option of invoking the FCC’s informal and formal complaint procedures regarding Open Internet Framework disputes.