Policies - Hartel.net

Acceptable Use Policy

All customers should read this document. You are responsible for the policy written here, and your account WILL BE DISABLED WITHOUT WARNING if you violate it.

This Internet Access Service sets forth an Acceptable Use Policy with the intent of protecting our service, our customers, and other users of the Internet from potentially abusive actions taken by our customers. The following policy is non-exclusive; any action about which there is doubt should be referred to Hartelco for evaluation. We may alter this policy from time to time as the need dictates.

(Information about reporting abuse of this policy is provided below)

Statement of Responsibility

* Each Internet account on this service has a password that is the key to gain access to the account. The customer who registered the account is solely responsible for all access and actions taken with regard to the account. It is the account owner’s responsibility to safeguard the account password and to ensure that Acceptable Use Policies are honored. We will hold the account owner responsible for any violations of the AUP.

* Any customers directly attached to the Internet Access Service are expected to adhere to the Acceptable Use Policies. The individual who agreed to direct-connect service is responsible for educating site users on acceptable use policies. Violations of the AUP by directly attached sites will be referred to the connection purchaser for resolution. The connection purchaser will be held responsible for any violations of the AUP.

* This Internet Access Service enforces these policies with respect to our customers only. We are not responsible for abusive actions which originate from other sites or networks on the Internet.

* Each customer agrees that the Internet Access Service and any entity or person connected or affiliated therewith may release the customer’s electronic communications and/or account access records to the authorities in connection with a criminal investigation or in response to a subpoena or court order, should that information be requested and is available.

Network

Acceptable use of the Internet Access Service network facilities does NOT include:

* Attempting to circumvent user authentication or security of any host, network or account on this Internet Access Service systems or the Internet at large (“cracking”).

* Use of this Internet Access Service systems or networks (willfully or negligently) in a manner that encumbers disk space, processors, bandwidth, or other system resources so as to interfere with others’ normal use of services on this Internet Access Service or other systems and networks (“denial of service” attack).

* Activities which violate local, state or federal statues including the recently enacted Digital Millennium Copyright Act. This act specifically prohibits various activities dealing with taking and transferring copyrighted materials, such as music recordings, over the Internet network.

Domain Names

This Internet Access Service provides domain name service for web page customers. Keeping registry information updated and accurate is the responsibility of the domain holder and not this Internet Access
Service. Acceptable use of this domain name service does NOT include:

* Falsifying or omitting valid domain contact information, including the administrative,technical, zone, and billing contacts.

Acceptable use of email does NOT include:

Sending unsolicited mass mailings of any nature, including those with a “negative option” for continuation. The negative option is inviting to those who do not wish to receive more email to reply to you.

Sending a large number of email messages, or singularly large email messages, to a singular address in order to flood someone’s mailbox.

Forging email headers to obscure the true originator of the message.

Creating or participating in pyramid schemes or chain letters.

Sending harassing email, either by language, size or frequency. This includes sending email (or real time) messages to a person who has asked explicitly that you do not.

Activities which violate local, state or federal statutes.

Usenet

Acceptable use of this Internet Access Service Usenet News service does NOT include:

Posting unsolicited messages to a large number of Usenet newsgroups either by crossposting or posting to individual groups (“spamming”)

Attempting to cancel, supersede, or otherwise interfere with Usenet posts other than one’s own.

Blatant posting of articles which violate the named charter for specific newsgroups

Publishing someone’s real-world data (such as telephone number, address, social security number, etc.) in such a way as to cause the person trouble or to incite others to do so.

Forging Usenet header information to obscure the true originator of the message.

Activities that violate local, state or federal statutes.

Internet Access

* It is a violation of Acceptable Use of this network to use online access to engage in activities which violate local, state or federal statues including the recently enacted Digital Millennium Copyright Act. This act specifically prohibits various activities dealing with taking and transferring copyrighted materials, such as music recordings, over the Internet network.

* Hi-speed access services such as Fiber-to-the-Home (FTTH) shall be assigned changing (dynamic) IP addresses unless otherwise specified in customer agreement. We reserve the right to change these IP numbers.

* Customer is forbidden from using Internet access for resale purposes or from supplying this Internet access to other locations, customers, people, businesses or entities, except as agreed to separately.

*Bandwidth speeds for hi-speed access services will not exceed limits set by F.C.C. regulations and are the maximum available download speeds for that particular level of service. Actual speeds will vary depending on service package selected and factors such as customer’s computer configuration and performance, overall Internet traffic, and/or other factors.

Websites

Acceptable use of this Internet Access Service web space does NOT include:

Distribution of pornographic or otherwise indecent or offending materials.

Distribution of restricted software or materials in violation of copyrights or distribution licenses.

Distribution of materials which violates local, state or federal statutes.

This Internet Access Service reserves the right to restrict or terminate service without refund in the event of an AUP violation. This Internet Access Service also reserves the right to take action on the abuse which is not specifically named in this AUP at the sole discretion of this Internet Access Service. Use of this Internet Access Service systems and network constitutes understanding and agreement of this policy.

Network Management

Pursuant to the Federal Communications Commission’s newly enacted Open Internet Rules found in Part 8 of Title 47 of the Code of Federal Regulations, Hartelco’s (“Provider”) policies regarding network management practices, performance characteristics, and commercial terms are provided in entirety so that Provider’s current customers, prospective customers, third-party content providers and other interested parties can make informed choices regarding the broadband Internet access services offered by Provider, and the extent Provider’s network management practices may affect those services.

Network Management Practices

In the interest of providing the best online experience possible for all of Provider’s customers, Provider utilizes reasonable network management practices tailored to achieve legitimate network management purposes. Because bandwidth is a limited resource for broadband Internet service providers, it is essential that Provider reasonably manages its network to promote the use and enjoyment of the Internet by all of Provider’s customers. By engaging in reasonable and responsible network management, Provider prevents its customers from being subjected to the negative effects of spam, viruses, security attacks, network congestion, and other risks that threaten to degrade service. The network management practices employed by Provider are consistent with industry standards.

Congestion Management

Provider does not employ any congestion management tools, practices and/or software on network traffic.

Application-Specific Behavior

Provider does not make use of any application-specific network management practices.

Provider does not favor, modify, inhibit, rate control or block any specific protocols, protocol ports or fields, or any applications or classes of applications.

Device Attachment Rules

In order for a device to be approved for use on the Provider’s network, the device must conform to publicly available industry standards and be non-harmful to Provider’s network.

Performance Characteristics

Provider offers broadband Internet access service via Fiber-to-the-Home (“FTTH”) technologies. FTTH utilizes fiber optic cable to deliver telephone, data and video services. With the capacity for an indefinite amount of data, FTTH technology allows subscribers to receive better quality voice, data and video services in their homes.

The advertised speed of Provider’s Internet service is the maximum speed achievable with the technology utilized by Provider. While the maximum advertised speed is attainable for end users, several factors may affect the actual speed of Provider’s Internet service offerings, including, but not limited to: the end user’s computer, router, activity during peak usage periods,web traffic to/from the requested website, and other Internet traffic.

The advertised speed of Provider’s Internet service is the maximum speed achievable with FTTH technology utilized by Provider. Based on internal testing, actual speeds achieved are within +/- 10% of advertised speeds for each tier. Under normal operating conditions, latency can be expected to be less than 25 milliseconds.

The actual speeds achieved with Provider’s Internet service offering make Provider’s Internet service suitable for real-time applications, such as Voice over Internet Protocol (“VoIP”).

Commercial Terms

Pricing

In order to meet the usage and budgetary needs of all of our customers, Provider offers a wide selection of broadband Internet access plan options, including promotional offerings, bundled service choices, and ala carte alternatives.

To see Provider’s current promotions and pricing on broadband Internet access service, please visit our website at www.hartel.net/internet.htm or call 402-254-3901 to speak with a customer service representative.

Early Termination Fees

If a customer previously entered into a service agreement with Provider for broadband Internet access service for a defined service term, and customer desires to terminate the service agreement prior to the expiration of that term, Provider may charge a reasonable early termination fee if such fee is clearly indicated in the service agreement.

Provider’s early termination fee is $100.00.

Usage-Based Fees

Provider’s Internet service is priced on a flat-fee basis (plus taxes). Provider does not charge end users a usage-based fee for Internet service.

Privacy Policy

Provider affords full access to all lawful content, services and applications available on the Internet and does not routinely monitor, inspect or store the network activity and traffic of its Internet service users. However, Provider reserves the right to monitor bandwidth, usage, transmissions and content for purposes of protecting the integrity of the network and Provider’s Internet access service through reasonable network management practices.

Provider may collect equipment information to identify the equipment customer is using on the network, including, but not limited to: equipment type, serial number, settings, configuration and software. Provider may also collect performance information to examine the operation of the equipment, services and applications the customer may use on the network, including, but not limited to: IP addresses, URLs, data transmission rates and latencies, location information, security characteristics, and information about the amount of bandwidth and other network resources customer is using in connections with uploading, downloading or streaming data to and from the Internet.

Network traffic, activity, performance information, and equipment information monitored or collected by Provider is done so for the sole purpose of reasonable network management purposes.

Provider is required to comply with all relevant laws, regulations and governmental requests. Information covered under this Privacy Policy, as well as other categories of information, may be disclosed to third parties if Provider determines, in its sole discretion, that such a disclosure is necessary or required. Provider may also disclose this information if, in its sole discretion, such a disclosure is necessary or required to protect our interests or the interests of our customers. Provider may also disclose this information in connection with the sale of our business.

The Provider’s network management practices as discussed herein are intended solely to provide the best online experience possible for all of Provider’s customers by safeguarding our network and its users from spam, viruses, phishing, and other unwanted or harmful online content and activities. Provider’s network management practices are not intended, nor implemented, to block consumers from accessing the content and applications of their choice, deprive consumers of their entitlement to competition, or discriminate against or in favor of certain network traffic. End users with questions, concerns or complaints regarding Provider’s network management practices are encouraged to contact Provider for issue resolution.

If you have any questions regarding Provider’s Network Management Practices Policy or would like to file a complaint with Provider regarding its network management practices, please contact Provider at:

Hartelco
Attn: Dave Nilles
103 W Centre St,
PO Box 157
Hartington, NE 68739

(402) 254-3901
Fax: (402) 254-2453

htc@hartel.net

Further, if you believe that Provider is in violation of the FCC’s Open Internet Rules, you may file either an informal or formal complaint with the FCC: http://esupport.fcc.gov/complaints.htm

Reports of Abuse

This Internet Access Service provides an email address for use in reporting abusive activities originating from our customers as outlined in this Acceptable Use Policy. Please note, abuse originating from customers other than our own cannot be handled by us. Report those instances to the provider/site who has authority over the abusive user.

* When reporting email or Usenet abuse, include a FULL copy of the message, including headers. This information is required in order for any action to be taken.

* When reporting other types of abuse, include details such as log files documenting the incident. We cannot act on your word alone, we must have documented proof of an incident.

* Send your report in email to htc@hartel.net . Due to the number of reports submitted pertaining to a single abuse incident, it is not always possible for us to respond to each and every report.

NOTE: The action taken on abuse reports will be at the sole discretion of this Internet Access Service. Our intent is NOT to be the Net Police, but to simply do our part to insure quality access and use of the Internet to all of our customers and to the Internet community at large.