Internet Terms & Conditions 2017-12-15T08:41:09+00:00

Internet Terms & Conditions

WASHINGTON COUNTY RTC INTERNET ACCESS AGREEMENT

PLEASE READ THIS AGREEMENT CAREFULLY BEFORE YOU ACCESS THE SERVICE PROVIDED TO YOU BY WASHINGTON COUNTY RURAL TELEPHONE COOPERATIVE (“WCRTC”). BY USING WCRTC INTERNET SERVICE YOU UNCONDITIONALLY ACCEPT ALL THE TERMS AND CONDITIONS OF THIS AGREEMENT, WCRTC’s ACCEPTABLE USE POLICY, AND SUCH OTHER USER POLICIES AS WCRTC MAY ESTABLISH FROM TIME TO TIME. THIS AGREEMENT IS EFFECTIVE FROM CUSTOMER’S ACCEPTANCE THEREOF.

IF YOU DO NOT AGREE TO BE BOUND BY THIS AGREEMENT, YOU MAY NOT ACCESS OR USE WCRTC INTERNET SERVICE. IF YOU ARE A CURRENT WCRTC CUSTOMER WHEN THIS AGREEMENT IS ACTIVATED, YOUR CONTINUED USE OF WCRTC INTERNET SERVICE CONSTITUTES ACCEPTANCE OF THIS AGREEMENT.

1. SERVICE.

a. WCRTC will provide the Customer access to the Internet (the “Service”) subject to the terms and conditions of this Agreement and the WCRTC Acceptable Use Policy. “Customer” as used herein, means an individual, a corporation or a legal entity who incurs usage charges for its own use or who incurs charges on behalf of a third party user of the Service.

b. Any means of identification assigned to Customer by WCRTC (including usernames and e-mail addresses) will remain the property of WCRTC and at WCRTC’s sole discretion may be altered or replaced at any time.

c. WCRTC makes no guarantees or warranty as to the continuous availability of the Service or any specific feature of the Service. WCRTC reserves the right to change the Service or any of its features at any time with or without notice.

d. WCRTC shall have the right to modify this Agreement at any time. This Agreement is viewable at http://www.wcrtc.com/agreement.html. Continued use of the Service shall constitute acceptance of this Agreement and any such modifications.

2. REGISTRATION REQUIREMENTS.

a. Customer must be at least 18 years old to register for the Service. By accepting this Agreement, Customer represents that Customer meets this age requirement. Minors who use the Service are assumed to have parental or guardian consent to do so.

b. Customer agrees to provide WCRTC with accurate and complete billing information including Customer’s legal name, address, and telephone number. All changes to this information must be reported to WCRTC within 30 days of the change.

c. By accepting this Agreement, Customer agrees to be responsible for all charges posted to Customer’s account until the account is cancelled as specified herein. Each Customer is responsible for the use of his/her/its Service account(s) under any name on that account by any person and for ensuring compliance with this Agreement by all users of his/her/its Service account.

3. FEES.

a. Customer agrees to pay WCRTC all fees and charges for the Service including all applicable start-up fees, monthly or yearly usage fees (or other rate plan selected), early termination charges, if applicable, or software purchases. Setup fees are non-refundable. WCRTC will issue pro rata refunds for monthly fees paid in advance.

b. ACCESS TO THE SERVICE WILL BE PROVIDED VIA A LOCAL MODEM POOL NUMBER OR DIGITAL SUBSCRIBER LINE (DSL). INTERNET ACCESS IS OFFERED BY WCRTC SUBJECT TO THE FOLLOWING LIMITATIONS: ACCESS DIALUP NUMBERS MAY NOT BE AVAILABLE IN ALL AREAS. IT IS CUSTOMER’S SOLE RESPONSIBILITY TO DETERMINE IF USE OF A PARTICULAR WCRTC DIALUP NUMBER WILL CAUSE CUSTOMER TO INCUR LONG-DISTANCE, TOLL OR OTHER CHARGES. WCRTC IS NOT RESPONSIBLE FOR ANY LONG-DISTANCE OR TOLL CHARGES INCURRED BY CUSTOMER THROUGH CUSTOMER’S USE OF THE SERVICE. CUSTOMER IS SOLELY RESPONSIBLE FOR ALL TELECOMMUNICATIONS CHARGES INCLUDING LOCAL AND LONG-DISTANCE TELEPHONE CHARGES FOR CONNECTION TO THE SERVICE BY CUSTOMER AND BY THOSE WHO ACCESS THE SERVICE THROUGH CUSTOMER’S ACCOUNT.

c. Current prices for WCRTC services are accessible at http://www.wcrtc.coop.  These prices may also be obtained by calling (812) 967-3171. WCRTC reserves the right to change prices and institute new fees. WCRTC may change rates or institute new charges at any time upon 30 days prior notice to Customer.

d. Payments for all charges are due within 17 days of the month in which the charges are incurred. If Customer’s account is delinquent, Customer’s account may be canceled or suspended at WCRTC’s sole discretion. WCRTC reserves the right to suspend Service for non-payment, denial of credit card transactions and for violation by Customer of the terms and conditions of this Agreement. If a Customer’s account is suspended, regular charges for Service shall continue to accrue until the account is cancelled.

e. Current NSF charges will be assessed to Customer’s account for each check that is returned to WCRTC for insufficient funds.

f. Customer agrees to pay all sales and use taxes, duties, or levies, which are required by law as well as all attorney and collection fees arising from efforts to collect any unpaid balance on Customer’s account. WCRTC shall have the right to bill and collect any applicable taxes of Customer where required by law.

4. USE OF THE SERVICE.

a. Customer and any persons authorized by Customer are the only individuals who are authorized to access the Service through Customer’s WCRTC account. Customer shall not permit anyone else to access the Service through Customer’s account and shall ensure that all authorized users of the account comply with this Agreement.  This service cannot be resold to a third party without WCRTC’s written consent.

b. Customer shall be responsible for maintaining the confidentiality of passwords used by Customer and authorized users of the account.

c. Customer shall be responsible for all charges assessed as a result of use of Customer’s account. However, WCRTC will not hold Customer responsible for charges attributable to an unauthorized user access to the account without Customer’s permission, provided that WCRTC is notified within 24 hours of Customer discovering any such unauthorized use and the unauthorized use is not attributable to the failure of any authorized user to exercise reasonable efforts to maintain the confidentiality of the account or password.

d. Except for software provided by WCRTC, Customer is responsible for providing and maintaining all equipment and other software necessary to access the Service.

e. Customer expressly agrees not to use the Service or permit others to use the Service through Customer’s account in any way that violates any law or regulation; subjects WCRTC to liability of any kind; or is in contravention of WCRTC’s Acceptable Use Policy. Customer agrees to comply with all WCRTC security procedures and standards. Customer further agrees not to use the Service in a manner that will disrupt or interfere with any third parties’ use or enjoyment of the Service or other communications.

f. Customer agrees not to use the Service on a standby or inactive basis in order to maintain a connection but solely on an only as needed active “dial-up” basis. Automated electronic or mechanical processes employed to maintain a constant connection such as but not limited to: use of an auto-dialer, persistent checking of e-mail or “pinging” the host server are expressly prohibited. WCRTC shall have the right to disconnect a dial-up account on the Service if it is inactive for 30 minutes or more. WCRTC shall have the right to electronically audit connections to enforce the above requirements.

g. Customer agrees not to operate the dial-up Service for more than 12 hours continuously at any one time. WCRTC shall have the right to disconnect the Service in such event.

h. WCRTC reserves the right to deny delivery of any new e-mail transmissions until Customer’s electronic mail address information storage is reduced to below the Customer’s allotted storage amount.

5. MONITORING THE SERVICE, DISCLOSURE OF MEMBER INFORMATION, LICENSE.

a. WCRTC has no obligation to monitor the Service but may do so and may disclose information regarding Customer’s use of the Service and Customer information to satisfy laws, regulations or governmental requests or lawful contractual obligations; to operate the Service properly; and, to protect itself and its customers. WCRTC shall have the right to use Customer information in any manner for any commercially lawful purpose.

b. WCRTC, IN ITS SOLE DISCRETION, MAY REMOVE OR REFUSE TO POST ANY INFORMATION OR MATERIALS, IN WHOLE OR IN PART, WHICH ARE UNACCEPTABLE, UNDESIRABLE OR IN VIOLATION OF THIS AGREEMENT.

c. Customer agrees to grant to WCRTC a non-exclusive, royalty-free, worldwide, perpetual license, with right to sublicense, to reproduce, distribute, transmit, create derivative works of, publicly display and publicly perform any materials and other information (including, without limitation, ideas contained therein for new or improved products and services) Customer submits to public areas of the Service (such as bulletin boards, forums and chat rooms) by all means and in any media now known or hereafter developed. Customer also grants to WCRTC the right to use Customer’s name in connection with the submitted materials and other information as well as in connection with all advertising, marketing and promotional material related thereto. Customer agrees that Customer shall have no recourse against WCRTC for any alleged or actual infringement or misappropriation of any proprietary right in Customer’s communications through the Service.

6. NO WARRANTIES PROVIDED BY WCRTC.

a. WCRTC does not control any information, products or services on the Internet and all merchandise, information and services offered, made available, or accessible on the Internet are by third parties who are not affiliated with WCRTC.

b. CUSTOMER ASSUMES FULL RESPONSIBILITY AND RISK FOR USE OF THE SERVICE AND THE INTERNET BY CUSTOMER AND CUSTOMER’S AUTHORIZED USERS. THE SERVICE IS PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS. WCRTC DOES NOT WARRANT THAT THE SERVICE WILL BE UNINTERRUPTED OR ERROR-FREE OR THAT ANY INFORMATION, SOFTWARE OR OTHER MATERIAL ACCESSIBLE VIA THE SERVICE IS FREE OF VIRUSES, WORMS, TROJAN HORSES, OR OTHER HARMFUL COMPONENTS. CUSTOMER ASSUMES FULL RESPONSIBILITY FOR DAMAGE CAUSED BY ELECTRICAL SURGES, RESULTING FROM STORMS OR OTHER ACTIVITY. WCRTC MAKES NO EXPRESS OR IMPLIED WARRANTIES, REPRESENTATIONS OR ENDORSEMENTS INCLUDING, BUT NOT LIMITED TO, WARRANTIES OF TITLE, NON-INFRINGEMENT OR IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE REGARDING THE SERVICE, ANY MERCHANDISE, INFORMATION OR SERVICE PROVIDED THROUGH WCRTC OR ON THE INTERNET GENERALLY. NO ADVICE OR INFORMATION GIVEN BY WCRTC, ITS EMPLOYEES, AFFILIATES OR CONTRACTORS SHALL CREATE A WARRANTY.

c. WCRTC SHALL NOT BE LIABLE FOR ANY COSTS OR DAMAGES ARISING DIRECTLY OR INDIRECTLY FROM USE OF THE SERVICE. IT IS CUSTOMER’S SOLE RESPONSIBILITY TO EVALUATE THE ACCURACY, COMPLETENESS, AND USEFULNESS OF ALL OPINIONS, ADVICE, SERVICES, AND OTHER INFORMATION, AND THE QUALITY AND MERCHANTABILITY OF ALL MERCHANDISE PROVIDED THROUGH THE SERVICE OR ON THE INTERNET GENERALLY.

d. The Internet contains unedited materials, some of which are sexually explicit or may be offensive to Customer or others accessing the service through Customer’s account. Access to such materials and permitting others to access such materials through the account is at Customer’s own risk. WCRTC has no control over and accepts no responsibility or liability for any action or inaction with respect to such materials.

7. REMEDIES OF CUSTOMER.

a. If Customer is dissatisfied with the Service or any of its terms, conditions, rules, policies, guidelines, or practices, Customer’s sole and exclusive remedy is to terminate this Agreement and discontinue using the Service by canceling the account by following the procedures described in this Agreement.

b. UNDER NO CIRCUMSTANCES SHALL WCRTC, ITS EMPLOYEES, AGENTS, AFFILIATES OR CONTRACTORS BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, PUNITIVE, OR CONSEQUENTIAL DAMAGES THAT RESULT IN ANY WAY FROM ANY: USE OF CUSTOMER’S ACCOUNT OR THE SERVICE OR CUSTOMER’S INABILITY TO USE THE SERVICE; ACCESS OF THE INTERNET OR ANY PART THEREOF; OR, CUSTOMER’S RELIANCE ON OR USE OF INFORMATION, SERVICES OR MERCHANDISE PROVIDED ON OR THROUGH THE SERVICE OR THAT RESULT FROM MISTAKES, OMISSIONS, INTERRUPTIONS, DELETION OF FILES, ERRORS, DEFECTS, DELAYS IN OPERATION OR TRANSMISSION, OR ANY FAILURE OF PERFORMANCE.

8. INDEMNITY. Customer agrees to defend, indemnify, and hold WCRTC and its affiliates harmless from any and all liabilities, costs, and expenses, including reasonable attorneys’ fees, related to or arising from: any violation of this agreement by Customer or those who access the service through Customer’s account and, the use of the service or the Internet and the placement or transmission of any message, information, software, or other materials on the Internet by Customer or by those who have access to the service through Customer’s account.

9. TERM OF AGREEMENT. This Agreement is effective from Customer’s acceptance thereof upon the initial use of the Service through the Customer account. If Customer currently receives INTERNET SERVICE FROM WCRTC when this Agreement is activated, continued use of the Service shall constitute acceptance of this Agreement by Customer. This Agreement shall continue in effect until either party gives the other party notice of termination as provided herein.

10. TERMINATION OF AGREEMENT.

a. Subject to payment of any applicable early termination charges Customer shall have the right to terminate this Agreement at any time with or without cause upon notice to WCRTC as set forth in Section 11a. Charges to Customer’s account will stop accruing upon return of all WCRTC equipment.  WCRTC will issue pro rata fee refunds for monthly fees paid in advance. In the event Customer terminates Service prior to expiration of a term of Service, Customer may be required to pay an early termination charge.

b. WCRTC may terminate this Agreement at any time with or without cause upon 30 days prior notice; or, immediately upon notice if Customer, or any person who has access to the Service through Customer’s account, commits a breach of this Agreement or the WCRTC Acceptable Use Policy including but not limited to a breach of any obligation imposed under Section 4 or failure to pay any charges within 30 days of the date they accrue.

c. Upon termination of this Agreement, all rights granted to Customer and Customer’s authorized users under this Agreement shall immediately cease and terminate.

d. Termination of this Agreement does not release Customer from the obligation to pay all accrued charges under this Agreement.

e. WCRTC’s right to enforce the provisions of Sections 3, 5, 6, 7, 8, 11, and 12 shall survive termination of this Agreement.

11. NOTICE.

a. Customer may change or cancel his/her/its WCRTC Internet Service account by first-class registered or certified mail, return receipt requested addressed to Washington County RTC, P.O. Box 9, Pekin, Indiana 47165 or by calling 1-812-967-3171.

b. WCRTC may provide notice to Customer by the following methods: Electronic mail (e-mail) addressed to Customer’s e-mail account or by U.S. Mail or courier service at the address Customer provided WCRTC when Customer registered for the service. All notices or other communications to Customer shall be deemed effective on the first (1st) calendar day following the date of electronic mailing or posting or on the fourth (4th) calendar day following the date of first-class mailing or deposit with a commercial courier service.

c. WCRTC shall have the right to distribute information to its customers that it believes is informative in nature.

12. MISCELLANEOUS.

a. WCRTC’s failure to enforce strict performance of any provision of this Agreement shall not be construed as a waiver.

b. This Agreement shall be governed by and construed in accordance with the laws of the State of Indiana, United States of America, without regard to its conflicts of law provisions. Customer consents to the personal jurisdiction of the federal and state courts having jurisdiction for Pekin, Indiana with respect to all disputes arising out of this Agreement, Customer’s use of the Service or otherwise between Customer and WCRTC. Any cause of action Customer may have with respect to the Service must be commenced within one (1) year after the claim or cause of action arises or such claim or cause of action is barred.

c. Neither this Agreement, nor any of Customer’s rights or obligations arising hereunder, shall be transferable or assignable by Customer to any third party without WCRTC’s prior written consent. WCRTC shall have the right to assign all or part of its rights and obligations under this Agreement. WCRTC shall have the right to provide Service on behalf of its affiliated companies.

d. This Agreement and the Acceptable Use Policy constitute the entire agreement between Customer and WCRTC with respect to the Service.

e. No amendment or modification to this Agreement by Customer shall be valid or binding on WCRTC unless made in writing and signed by an authorized representative of WCRTC.

13. INSTALLATION & SERVICE

a. WCRTC is responsible for providing all necessary provisions and/or repairs on WCRTC’s side of the Network Interface Device and is not responsible for any repairs on the Customer side of the device. Should a service call be requested by Customer and not be part of WCRTC’s responsibility, a charge for labor and materials (please see pricing section of website) will be applied to Customer’s bill.

b. Customer is responsible for all wiring and cabling beyond the gateway or dsl modem. Additional cable or wiring requested by the customer shall be billed at WCRTC’s current hourly rate plus material charges.

c. Customer is responsible for equipment and wiring connected to the lan port on WCRTC’s dsl modem and any cables connected to the video output(s) of the gateway.
d. WCRTC strongly suggests the use of a firewall and anti-virus software to minimize unwarranted intrusions to computer(s) and/or network equipment. WCRTC is not responsible for such intrusions or virus infections.

e. Unless purchased by Customer, DSL modem, gateway, remotes, patch cords, and ancillary equipment is and remains the property of WCRTC. If service is terminated by either party for any reason, all WCRTC equipment must be returned by customer to WCRTC in working condition within 30 days of termination. If the equipment is lost, stolen, damaged, destroyed or otherwise cannot be promptly recovered by WCRTC, the customer agrees to pay the supplier’s listed price of the WCRTC equipment, plus recovery cost.

f. WCRTC provides DSL service for the purpose of direct access to the Internet and / or private networks connected to WCRTC’s network. WCRTC is responsible only for the subscribed level of service between the DSL modem and WCRTC’s Internet POP and is not responsible for the performance of the Internet and/or private networks beyond these points of connection. WCRTC reserves the right to replace its broadband equipment at Customer’s premise at any time.

14.  ACCEPTABLE USE

The WCRTC Acceptable Use Policy for Internet Service (the “Service”), including the following list of Prohibited Conduct, are part of your WCRTC Internet Service Agreement. Please review carefully prior to activating Service. If you restrict or inhibit any other user’s use or enjoyment of the Service by engaging in any of the activities prohibited below, WCRTC may suspend or terminate your account. If the dial-up connection to the Service has no activity from the user for a period of 30 minutes or if the Service is activated for 12 hours continuously, WCRTC shall have the right to disconnect services and end the session.

The Service is governed by and subject to all applicable laws and regulations, including all applicable local, state, national, and international laws and regulations. This includes

all laws relating to copyright, trademark, obscenity, defamation, the right of privacy, false advertising, and fraud.

In addition to such laws and regulations, when using the Service you must use your best efforts to avoid interfering with any other person’s use and enjoyment of the Service. You must also ensure that your use of the Service is governed by the rules of proper Internet conduct.

WCRTC does not actively monitor nor does WCRTC control the content of any web site, electronic mail transmission, mailing list or other material created or accessible over the Service. WCRTC reserves the right to remove any materials WCRTC becomes aware of that are, in WCRTC’s sole and absolute discretion, potentially illegal, improper, could subject WCRTC to liability, damage WCRTC’s commercial reputation or goodwill, violates accepted norms of the Internet community, or violates this Acceptable Use Policy. The provisions of this Acceptable Use Policy are intended as guidelines and are not meant to be exhaustive.

a. PROHIBITED CONDUCT.

These activities are not proper Internet conduct and are prohibited activities on Service. The term “information” means material of any type capable of being posted or transmitted on or through Service, including material in print, graphic or pictorial form.

When using the Service:

Defamation. You agree not to post or transmit any information in violation of any applicable law.

Fraud. You agree not to post or transmit any fraudulent information on or through the Service. This means any information that you know or have reason to know is false, and that you intend for others to rely on.

False Advertising. You agree not to post or transmit on or through the Service any advertising or promotional materials that contain false, deceptive, or misleading statements, claims, or representations.

Unsolicited Advertising. You agree not to post or transmit any unsolicited advertising, promotional materials, or other forms of solicitation to other users, individuals, or entities, except in those areas (e.g., the classified areas) that are designated for such a purpose.

Copyright Violations. You agree not to post or transmit on or through the Service any information that infringes or violates another person’s or entity’s copyright, patent or intellectual property right in all or any part of the information.

Trademark, Service Mark, and Trade Dress Violations. You agree not to post or transmit on or through the Service any information that infringes another person’s rights in its trademark, trade dress, or service mark.

Trade Secret Violations. You agree not to post or transmit on or through the Service any information that reveals trade secrets belonging to another person, business, service, or other entity.

Obscenity. You agree not to post or transmit any obscene or sexually explicit images or other content on or through the Service.

Harassment, Threats, and Abuse. You agree not to use the Service to harass, threaten, abuse, embarrass, or cause distress, unwanted attention, or discomfort to any person or entity, by any means, including the use of vulgar, hateful, racially, ethnically, or otherwise objectionable information.

False Pretenses. You agree not to use the Service to impersonate any person, including but not limited to, a WCRTC official or an information provider, guide, or host, or communicate under a false name or a name that you are not entitled or authorized to use in all forms of online communication, including, but not limited to, screen names, customer profiles, chat dialogue, and message posting.

Chain Letters. You agree not to post or transmit chain letters, or letters or messages that offer a product or service based on the structure of a chain letter, on or through the Service.

Inappropriate Content. You agree to not post or transmit on or through the Service information that is patently inappropriate material, e.g., information or topics not related to the topics focused on by the participants in a particular newsgroup or mailing list.

Scrolling. You agree not to cause the screen to “scroll” faster than other Customers or users are able to type to it, or any action to a similar disruptive effect on or through the Service.

Disruptive Activities. You agree to not use the Service to disrupt the normal flow of online dialogue, or otherwise act in a manner that negatively affects other customers, users, individuals, or entities.

Violations of Service Providers’ Rules. You agree not to use the Service to violate any operating rule, policy, or guideline of any other online service provider or interactive service.

Multiple Access. You agree that this Agreement is not transferable. You agree not to simultaneously access the Service for more than one session at any time.

Abuse of WCRTC Procedures. You agree not to make false or unverified complaints against any WCRTC customer, or otherwise abuse any of WCRTC complaint response procedures.

SPAM. You agree not to engage in any conduct known as “Spamming.” Spamming includes, but is not limited to (1) the bulk sending of unsolicited messages, or the sending of unsolicited e-mails which provoke complaints from the recipients; (2) the sending of junk e-mail; (3) the use of distribution lists that include people who have not given specific permission to be included in such distribution processes; (4) posting commercial ads to USENET newsgroups that do not permit it; (5) posting articles containing binary encoded data to a n on-binary newsgroup; (6) excessive and repeated posting off-topic users, including but not limited to transmitting any threatening, libelous or obscene material, or material of any nature which could be deemed to be offensive; and (7) the e-mailing of age-inappropriate communications or content to anyone under the age of 18.

Systems Abuse. You agree not to abuse the WCRTC system by causing any harm to the system so that it inhibits other users ability to effectively use the system.

Newsgroup Flooding. Post or cross post, regardless of content, of the same message to 10 or more newsgroups.

Unsolicited Transmissions. Customer agrees not to use the Service to transmit any unsolicited messages. Any messages distributed via a distribution list shall be limited to no more than 100 recipients per e-mail message transmitted per day. A valid return e-mail address and “opt out” option must be included in each distribution list transmission.

Non-Active Use. You agree not to use the Service on a stand-by or inactive basis in order to maintain a connection. Automated electronic processes employed to maintain a constant connection such as use of an auto-dialer, persistent checking of e-mail or “pinging” the host server are expressly prohibited.

b. CONTENT OF ONLINE MATERIAL.

The Service provides access to information, communications, software, photos, video, graphics, music, sounds, and other material and services located both on WCRTC computer servers and on the Internet (“Content”). You should be aware that the Internet contains Content, goods and services that you may find improper, obscene, or otherwise offensive. Such Content may not be appropriate for you or for any minors who may be accessing the Internet through your account.

As a matter of policy, WCRTC does not pre-screen Content placed on WCRTC computer servers by any of its customers. WCRTC does not have the practical ability to monitor, review, or restrict, prior to its transmission, Content on WCRTC servers which may violate WCRTC rules, nor can WCRTC ensure prompt editing or removal of actually or potentially violating Content after such Content has been posted on WCRTC servers.

You may, therefore, receive offensive and unsolicited Content that WCRTC cannot control.

Although WCRTC retains the right to remove Content from WCRTC computer servers that violates its Internet Service Agreement and this Acceptable Use Policy, the Service provides access to users who are not a part of WCRTC. WCRTC does not have the capability to monitor, review, or restrict any Content made available by third parties on the Internet, nor to edit or remove any such Content after its posting on the Internet.

WCRTC HAS NO PRACTICAL ABILITY TO MONITOR, CENSOR OR RESTRICT CONTENT OF ANY INFORMATION PASSING THROUGH ITS NETWORK THAT MIGHT VIOLATE THIS ACCEPTABLE USE POLICY. WCRTC DISCLAIMS ANY LIABILITY TO CUST OMER OR OTHERS FOR ANY FAILURE TO ENFORCE THE TERMS OF THE ACCEPTABLE USE POLICY. WCRTC SHALL NOT BE RESPONSIBLE FOR ANY CONDUCT, CONTENT, GOODS, AND SERVICES AVAILABLE ON OR THROUGH THE SERVICE. WCRTC suggests that concerned parents consider using one of the commercially available programs capable of restricting access to sexually explicit material on the Internet. WCRTC makes no warranties or representations as to the accuracy, completeness, or usefulness of any parental control software or service.

c. PRIVACY OF COMMUNICATIONS.

Customer agrees to maintain the confidentiality of passwords used by Customer or others who have access to the Service. Customer agrees that WCRTC has the right, but not the obligation, to monitor or disclose the contents of private communication, if WCRTC, in its sole discretion, reasonably believes that such action is necessary: (1) to comply with applicable law or valid legal process; or (2) to protect WCRTC rights or property.

d. ONLINE GOODS AND SERVICES.

WCRTC does not control, provide, operate, or take responsibility for any Content, goods, or services available on or through the Service. You may receive blind opportunity advertisements, pyramid schemes, and other “get rich quick” schemes on or through the Service. These should be avoided or approached with ample skepticism.

All such Content, goods, and services are made available by independent third parties and are not part of WCRTC or controlled by WCRTC. PLEASE REMEMBER THAT WCRTC DOES NOT ENDORSE, WARRANT, OR GUARANTEE THE ACCURACY, COMPLETENESS, USEFULNESS, QUALITY, OR AVAILABILITY OF ANY CONTENT, GOODS, OR SERVICES AVAILABLE ON OR THROUGH THE SERVICE, AND YOUR USE THEREOF IS SOLELY AT YOUR OWN RISK.

You should use your best judgment and exercise caution when purchasing a product through the Service. WCRTC will not be a party to, or in any way be responsible for, monitoring any purchases or other transactions between you and any other persons

providing Content, goods, or services on or through the Service. WCRTC assumes no responsibility for any such transactions and will not mediate disputes relating to such transactions. WCRTC disclaims any responsibility for any such transactions even where the Service features or displays a link with a particular World Wide Web site.

BY USING THE SERVICE YOU AGREE THAT NEITHER WCRTC NOR ITS AFFILIATES SHALL BE HELD RESPONSIBLE OR LIABLE, DIRECTLY OR INDIRECTLY, FOR ANY LOSS, LIABILITY OF ANY NATURE, OR DAMAGE CAUSED, OR ALLEGED TO HAVE BEEN CAUSED BY YOUR USE OF, OR RELIANCE ON, ANY CONTENT, GOODS, OR SERVICES AVAILABLE ON OR THROUGH THE SERVICE.

e. ACCOUNT CHARGES.

Your monthly account charges are payable in advance. However, no cancellation fees will apply if you terminate your account. If you terminate a monthly account, you will receive a prorated refund. If an account is terminated by WCRTC because of violations of the Service Agreement or WCRTC Acceptable Use Policy, you will not be entitled to a prorated refund, such forfeiture being agreed to you and WCRTC as liquidated damages and not as a penalty.

You are responsible for all activities and charges associated with your account. If any unauthorized charges are made on or through your account, you are responsible for such charges until you notify WCRTC of a breach of security by calling WCRTC at 1-812-967-3171 and change your password. Please be advised that the Customer of the Account is solely responsible for activities conducted through, on or with their Service Internet Account. If you, or someone to whom you have given access to your account, violates the WCRTC Internet Access Agreement, your account will be cancelled.

Your account charges are due on your receipt of an invoice, and payment of your account charges must be received by WCRTC prior to the first day of each billing cycle. Your account will be considered to be in default if payment of your account charges is not received within seventeen (17) days after the date of your invoice. If your account is unpaid seventeen (17) days after the date of your invoice, you may have your Service interrupted or terminated. Payment of your account charges should be made to Washington County RTC, P.O. Box 9, Pekin, Indiana 47165.

If any instrument received in payment is returned to WCRTC unpaid, your account will be considered to be in default, and in addition to the amount due, you will be subject to the current returned check charge. If your account is cancelled or interrupted for non-payment, you must continue to pay your monthly account charges. Only your written request to terminate your account will relieve you of your obligation to pay your monthly account charges.

If you default on your account, you agree to pay WCRTC its reasonable expenses, including attorneys’ fees and collection agency fees, incurred in enforcing WCRTC rights under WCRTC Internet Agreement.

f. MODIFICATION.

WCRTC reserves the right to modify this Acceptable Use Policy at any time upon thirty (30) days prior notice via WCRTC Internet home page (http://www.wcrtc.coop), by electronic mail or by U.S. Mail.

Section 15: Network Management Practices

a. Telemedia does not participate in any traffic shaping, filtering, or prioritization schemes that would unreasonably discriminate the transmission of lawful network traffic. Likewise, Telemedia does not block lawful content, ports, applications, services, or non-harmful devices (subject to reasonable network management). Traffic information is not stored, provided to any third parties, or used by Telemedia for non-network management purposes.

b. Telemedia currently provides no specialized services that impact the performance of the network.

c. Telemedia provides technical support only for Telemedia approved DSL Routers its network. Currently these modems are limited to BEC models 5200, 7800, and 8920. Customers connecting unsupported devices must provide their own support, and may be subject to removing said devices if they are deemed harmful to the network. Information required to connect an unsupported device will be provided to the customer upon request.

d. Users may attach devices behind their Telemedia issued routers for the transmission and receipt of lawful network traffic to include (but not be limited to) voice, video, and other types of data services.

e. Latency on the Telemedia network is, on average, between 25-100ms. The Telemedia network is suitable for real-time and/or time sensitive applications including (but not limited to) voice and video streaming.

f. For issues regarding service please email customer.service@telemedia.coop. or phone Telemedia Technical Support at 812-967-4357.

g. For questions regarding Telemedia’s conformance to Net Neutrality rules, please email business.office@telemedia.coop.

Section 16. DMCA AND COPYRIGHT INFRINGEMENT

WCRTC subscribes to the safe Harbor clause of the DMCA (Digital Millennium Copyright Act of 1998).

As such, WCRTC will upon notification of copyright infringement by a copyright owner, the RIAA (Recording Industry of America) or other governing body, notify the accused subscriber of such infringement. The subscriber has 7 days to counter notify WCRTC that the material has been identified incorrectly as copyrighted material. To be effective under this subsection, a counter notification must be a written communication provided to WCRTC designated agent (copyright@telemedia.coop) that includes the following:

a.  A physical signature of the subscriber.

b.  Identification of the material that has been removed or to which access has been disabled and the location at which the material appeared before it was removed or access to it was disabled.

c.  A statement under penalty of perjury that the subscriber has a good faith belief that the material was removed or disabled as a result of mistake or misidentification of the material to be removed or disabled.

d.  The subscriber’s name, address, and telephone number, and a statement that the subscriber consents to the jurisdiction of Federal District Court for the judicial district in which the address is located, or if the subscriber’s address is outside of the United States, for any judicial district in which WCRTC may be found, and that the subscriber will accept service of process from the person who provided notification or an agent of such person.

Upon receipt of a subscriber’s legitimate counter notification, WCRTC will promptly provide the complainant with a copy of the counter notification and restore access to the material 10 days following the date that the counter notification was sent to the complainant, unless WCRTC’s designated agent is served a subpoena by the complainant. Upon receiving a subpoena, WCRTC will remove access to the material again until otherwise advised by the complainant.

WCRTC will address initial and repeat copyright infringement complaints following these rules:

First Infringement: Notify alleged infringer.
Second Infringement: Notify alleged infringer.
Third Infringement: Notify alleged infringer.
Fourth Infringement: Notify alleged infringer. Subscriber notified of filtered DNS requirement
Fifth Infringement: Notify alleged infringer. Filtered DNS Required

Hotels, restaurants, coffee shops, trailer parks, and other business that provide public access to the Internet are not excluded from WCRTC’s copyright infringement process. Such institutions should encrypt their wireless networks, and deploy a filtering solution to prevent copyright infringement on their network.