1.Acceptable Use Policy
Enhanced Telecommunications Corporation (‘ETC”) has adopted this Acceptable Use AUP (“AUP”) to outline the acceptable use of ETC’s Broadband Internet service (“Broadband Service”). This AUP is in addition to any restrictions contained in the ETC service agreement for Internet service (the “Subscriber Agreement”). Please also refer to the Frequently Asked Questions (“FAQs”), which includes explanations of how ETC will enforce this AUP in the context of network management. All capitalized terms used in this AUP that are not defined here have the meanings given to them in the Subscriber Agreement.
You, the customer, must comply with this AUP. Your failure to do so could result in the suspension or termination of your Broadband Service account. If you do not agree to comply with this AUP, you must immediately stop all use of the Broadband Service and notify ETC so that we can close your account.
ETC may revise this AUP from time to time and will have the latest version posted on its website. ETC will use reasonable efforts to make customers aware of any changes to this AUP, which may include sending e-mail announcements or posting additional information on the ETC website. Revised versions of this AUP are effective immediately upon posting. Accordingly, customers of the ETC Broadband Internet Broadband Service should read any ETC announcements they receive and regularly visit the ETC web site and review this AUP to ensure that their activities conform to the most recent version. You can send questions regarding this AUP to, and report violations of it at, email@example.com. To report illegal content on the Internet go to www.ftc.gov.
1.1.Violation of this Acceptable Use AUP
ETC reserves the right to immediately suspend or terminate your Broadband Service account and terminate the Subscriber Agreement if you violate the terms of this AUP or the Subscriber Agreement.
ETC does not routinely monitor the activity of individual Broadband Service accounts for violations of this AUP, except for determining aggregate data consumption in connection with the data consumption provisions of this AUP. However, in the company’s efforts to promote good citizenship within the Internet community, it will respond appropriately if it becomes aware of inappropriate use of the Broadband Service. ETC has no obligation to monitor the Broadband Service and/or the network. However, ETC and its suppliers reserve the right at any time to monitor bandwidth, usage, transmissions, and content in order to, among other things, operate the Broadband Service; identify violations of this AUP; and/or protect the network, the Broadband Service and ETC users.
ETC prefers to inform customers of inappropriate activities and give them a reasonable period of time in which to take corrective action. ETC also prefers to have customers directly resolve any disputes or disagreements they may have with others, whether customers or not, without ETC’s intervention. However, if the Broadband Service is used in a way that ETC or its suppliers, in their sole discretion, believe violates this AUP, ETC or its suppliers may take any responsive actions they deem appropriate under the circumstances with or without notice. These actions include, but are not limited to, temporary or permanent removal of content, cancellation of newsgroup posts, filtering of Internet transmissions, and the immediate suspension or termination of all or any portion of the Broadband Service (including but not limited to newsgroups). Neither ETC nor its affiliates, suppliers, or agents will have any liability for any of these responsive actions. These actions are not ETC’s exclusive remedies and ETC may take any other legal or technical actions it deems appropriate with or without notice.
ETC reserves the right to investigate suspected violations of this AUP, including the gathering of information from the user or users involved and the complaining party, if any, and examination of material on ETC’s servers and network. During an investigation, ETC may suspend the account or accounts involved and/or remove or block material that potentially violates this AUP. You expressly authorize and consent to ETC and its suppliers cooperating with (i) law enforcement authorities in the investigation of suspected legal violations, and (ii) and system administrators at other Internet service providers or other network or computing facilities in order to enforce this AUP. Upon termination of your Broadband Service account, ETC is authorized to delete any files, programs, data, e-mail and other messages associated with your account (and any secondary accounts).
The failure of ETC or its suppliers to enforce this AUP, for whatever reason, shall not be construed as a waiver of any right to do so at any time. You agree that if any portion of this AUP is held invalid or unenforceable, that portion will be construed consistent with applicable law as nearly as possible, and the remaining portions will remain in full force and effect. You agree to indemnify, defend and hold harmless ETC and its affiliates, suppliers, and agents against all claims and expenses (including reasonable attorney fees) resulting from any violation of this AUP. Your indemnification will survive any termination of the Subscriber Agreement.
1.2.Prohibited Uses and Activities
In general, this AUP prohibits uses and activities involving the Broadband Service that are illegal, infringe the rights of others, or interfere with or diminish the use and enjoyment of the Broadband Service by others.
1.2.1.Network and Usage Restrictions
No user of the Broadband Service, Customer Equipment, or the ETC Equipment may, individually or in combination with another:
- restrict, inhibit, or otherwise interfere with the ability of any other person, regardless of intent, purpose or knowledge, to use or enjoy the Broadband Service (except for safety and security functions such as parental controls, for example), including, without limitation, posting or transmitting any information or software which contains a worm, virus, or other harmful feature, or generating levels of traffic sufficient to impede others’ ability to use, send, or retrieve information;
- restrict, inhibit, interfere with, or otherwise disrupt performance of the Broadband Service or cause a performance degradation,
- regardless of intent, purpose or knowledge, to the Broadband Service or any ETC (or ETC supplier) host, server, backbone network, node or service, or otherwise cause a performance degradation to any ETC (or ETC supplier) facilities used to deliver the Broadband Service;
- resell the Broadband Service or otherwise make available to anyone outside the Premises the ability to use the Broadband Service (for example, through wi-fi or other methods of networking), in whole or in part, directly or indirectly. The Broadband Service is for personal and non-commercial residential use only and you agree not to use the Broadband Service for operation as an Internet service provider or for any business enterprise or purpose (whether or not for profit);
- connect the ETC Equipment to any computer outside of your Premises;
- interfere with computer networking or telecommunications service to any user, host or network, including, without limitation, denial of service attacks, flooding of a network, overloading a service, improper seizing and abusing operator privileges, and attempts to “crash” a host; and
- accessing and using the Broadband Service with anything other than a dynamic Internet Protocol (“IP”) address that adheres to the dynamic host configuration protocol (“DHCP”). You may not configure the Broadband Service or any related equipment to access or use a static IP address or use any protocol other than DHCP unless expressly permitted to do so by ETC.
1.2.2.Conduct and Information Restrictions
No user of the Broadband Service, Customer Equipment, or the ETC Equipment may, individually or in combination with another:
- avoid incurring charges for or otherwise being required to pay for usage of the Broadband Service;
- invade another person’s privacy, stalk, harass, or otherwise violate the rights of other persons;
- undertake or accomplish any unlawful purpose. This includes, but is not limited to, posting, storing, transmitting or disseminating information, data or material which is libelous, obscene, unlawful, threatening or defamatory, or which infringes the intellectual property rights of any person or entity, or which in any way constitutes or encourages conduct that would constitute a criminal offense, or otherwise violate any local, state, federal, or non-U.S. law, order, or regulation;
- post, store, send, transmit, or disseminate any information or material which a reasonable person could deem to be unlawful;
- upload, post, publish, transmit, reproduce, create derivative works of, or distribute in any way information, software or other material obtained through the Broadband Service or otherwise that is protected by copyright or other proprietary right, without obtaining any required permission of the owner;
- collect, or attempt to collect, personal information about third parties without their consent;
- transmit unsolicited bulk or commercial messages commonly known as “spam;”
- send voluminous copies of the same or substantially similar messages, empty messages, or messages which contain no substantive content, or send very large messages or files that disrupts a server, account, blog, newsgroup, chat, or similar service;
- initiate, perpetuate, or in any way participate in any pyramid or other illegal scheme;
- participate in the collection of voluminous amounts of e-mail addresses, screen names, or other identifiers of others (without their prior consent), a practice sometimes known as spidering or harvesting, or participate in the use of software (including “spyware”) designed to facilitate this activity;
- collect responses from unsolicited bulk messages;
- falsify, alter, or remove message headers;
- falsify references to ETC or its network, by name or other identifier, in messages;
- impersonate any person or entity, engage in sender address falsification, forge anyone else’s digital or manual signature, or perform any other similar fraudulent activity (for example, “phishing”);
- violate the rules, regulations, terms of service, or policies applicable to any network, server, computer database, service, application, system, or Web site that you access or use;
No user of the Broadband Service, Customer Equipment, or the ETC Equipment may, individually or in combination with another:
- use the Internet service or facilities for web-hosting, e-mail hosting, or other unusually high-bandwidth consumption unless you have made special subscription arrangements with ETC and the usage does not otherwise violate law or regulation;
- access any other person’s computer or computer system, network, software, or data without his or her knowledge and consent; breach the security of another user or system; or attempt to circumvent the user authentication or security of any host, network, or account. This includes, but is not limited to, accessing data not intended for you, logging into or making use of a server or account you are not expressly authorized to access, or probing the security of other hosts, networks, or accounts without express permission to do so;
- use or distribute tools or devices designed or used for compromising security or whose use is otherwise unauthorized, such as password guessing programs, decoders, password gatherers, keystroke loggers, analyzers, cracking tools, packet sniffers, encryption circumvention devices, or Trojan Horse programs. Unauthorized port scanning is strictly prohibited;
- copy, distribute, or sublicense any proprietary software provided in connection with the Broadband Service by ETC or any third party, except that you may make one copy of each software program for back-up purposes only;
- distribute programs that make unauthorized changes to software (cracks);
- use or run dedicated, stand-alone equipment or servers from the Premises that provide network content or any other services to anyone outside of your Premises local area network (“Premises LAN”), also commonly referred to as public services or servers. Examples of prohibited equipment and servers include, but are not limited to, e-mail, Web hosting, file sharing, and proxy services and servers;
- use or run programs from the Premises that provide network content or any other services to anyone outside of your Premises LAN, except for personal and non-commercial residential use;
- service, alter, modify, or tamper with the ETC Equipment or Broadband Service or permit any other person to do the same who is not authorized by ETC;
1.2.3.Customer Conduct and Features of the Broadband Service
In addition to being responsible for your own compliance with this AUP, you are also responsible for any use or misuse of the Broadband Service that violates this AUP, even if it was committed by a friend, family member, or guest with access to your Broadband Service account. Therefore, you must take steps to ensure that others do not use your account to gain unauthorized access to the Broadband Service. In all cases, you are solely responsible for the security of any device you choose to connect to the Broadband Service, including any data stored or shared on that device. It is also your responsibility to secure the Customer Equipment and any other Premises equipment or programs not provided by ETC that connects to the Broadband Service from external threats such as viruses, spam, bot nets, and other methods of intrusion.
ETC reserves the right to refuse to transmit or post, and to remove or block, any information or materials, in whole or in part, that it, in its sole discretion, deems to be in violation of Sections I or II of this AUP, or otherwise harmful to ETC’s network or customers using the Broadband Service, regardless of whether this material or its dissemination is lawful so long as it violates this AUP. Neither ETC nor any of its affiliates, suppliers, or agents have any obligation to monitor transmissions or postings (including, but not limited to, e-mail, file transfer, blog, newsgroup, and instant message transmissions) made on the Broadband Service. However, ETC and its affiliates, suppliers, and agents have the right to monitor these transmissions and postings from time to time for violations of this AUP and to disclose, block, or remove them in accordance with this AUP, the Subscriber Agreement, and applicable law.
All of ETC’s network and system services are provided according to scheduled fees for each type of service. You agree to use such services in accordance with the terms set forth below.
184.108.40.206.1.Email and Web-Hosting Services
- Unsolicited Email Prohibited – You may not use ETC-hosted email addresses for the purpose of sending unsolicited email. You may not use or cause to be used ETC’s equipment, network connectivity, or other resources to originate, deliver, relay or otherwise transmit unsolicited email messages. You may not engage in any of the foregoing prohibited activities by using the service of any other provider, third-party agent, remailing service or address forwarding service, in such a way that ETC’s network addresses or ETC-hosted web or email services are in any way identified as being associated with the sending of unsolicited email.
- Unauthorized use, or forging, of mail header information (e.g. “spoofing”) is prohibited.
- Fraudulent Activity Prohibited – You may not use the ETC email and web-hosting services to make fraudulent offers to sell or buy products, items, services, or to advance any type of financial scam such as “pyramid schemes”, “Ponzi schemes”, or “chain letters.” You may not use techniques to hide or obscure the source of any e-mail or other communications.
- ETC reserves the right to suspend or delay delivery of email to Customer utilizing the ETC email services and/or the virtual domain email if the volume of email being redirected, stored, or delivered on the Customer’s behalf is deemed excessive. Excessive traffic is defined as any amount of email that consumes more than 100MB of disk storage space per individual mailbox or any volume of email traffic that noticeably degrades performance on the server in question, in the sole discretion of ETC. Stored mail exceeding these limits may be transferred to a compressed file at ETC’s discretion. ETC will attempt to notify the account holder via the account contact information on record; however ETC reserves the right to delete the contents of such email boxes upon thirty (30) days after attempted notification.
- The Broadband Service may not be used to communicate or distribute e-mail or other forms of communications in violation of Section I of this AUP. As described below in Section III of this AUP, ETC uses reasonable network management tools and techniques to protect customers from receiving spam and from sending spam (often without their knowledge over an infected computer).
- ETC is not responsible for deleting or forwarding any e-mail sent to the wrong e-mail address by you or by someone else trying to send e-mail to you. ETC is also not responsible for forwarding e-mail sent to any account that has been suspended or terminated. This e-mail will be returned to the sender, ignored, deleted, or stored temporarily at ETC’s sole discretion.
- In the event that ETC believes in its sole discretion that any subscriber name, account name, or e-mail address (collectively, an “identifier”) on the Broadband Service may be used for, or is being used for, any misleading, fraudulent, or other improper or illegal purpose, ETC (i) reserves the right to block access to and prevent the use of any of these identifiers and (ii) may at any time require any customer to change his or her identifier. In addition, ETC may at any time reserve any identifiers on the Broadband Service for ETC’s own purposes. In the event that a Broadband Service account is terminated for any reason, all e-mail associated with that account (and any secondary accounts) will be permanently deleted as well.
- ETC’s email system will be configured to automatically and permanently delete any email stored on its servers for more than 6 months from the date of original receipt. It is the subscriber’s responsibility to ensure all email is captured locally before deletion occurs.
- ETC’s email accounts that inactive for more than 60 days will be suspended and will no longer accept email.
220.127.116.11.2.Instant, Video, and Audio Messages
Each user is responsible for the contents of his or her instant, video, and audio messages and the consequences of any of these messages. ETC assumes no responsibility for the timeliness, mis-delivery, deletion, or failure to store these messages. In the event that a Broadband Service account is terminated for any reason, all instant, video, and audio messages associated with that account (and any secondary accounts) will be permanently deleted as well.
18.104.22.168.3.Personal Web Pages and File Storage
ou are solely responsible for any information that you or others publish or store on the any personal web page or in any storage files. You are also responsible for ensuring that all content made available through personal web pages is appropriate for those who may have access to it. For example, you must take appropriate precautions to prevent minors from receiving or accessing inappropriate content. ETC reserves the right to remove, block, or refuse to post or store any information or materials, in whole or in part, that it, in its sole discretion, deems to be in violation of Section I of this AUP. For purposes of this AUP, “material” refers to all forms of communications including text, graphics (including photographs, illustrations, images, drawings, logos), executable programs and scripts, video recordings, and audio recordings.
22.214.171.124.Network Management and Limitations on Data Consumption
ETC manages its network with the goal of delivering a fast, safe and uncompromised broadband Internet experience to all of its customers. But, high-speed bandwidth and network resources are not unlimited. Managing the network is essential for the promotion of best possible Broadband Internet experience by all of ETC’s customers. The company uses reasonable network management practices that are consistent with industry standards. ETC tries to use tools and technologies that are minimally intrusive and, in its independent judgment guided by industry experience, among the best in class. Of course, the company’s network management practices will change and evolve along with the uses of the Internet and the challenges and threats on the Internet.
If ETC didn’t manage its network, its customers would be subject to the negative effects of spam, viruses, security attacks, network congestion, and other risks and degradations of service. By engaging in responsible network management, including enforcement of this AUP, ETC can deliver the best possible broadband Internet experience to all of its customers.
Please see ETC’s Wireline Network Management Policy for more information.
126.96.36.199.1.Network Usage and Data Consumption Restrictions
You acknowledge that all of the ETC Internet services are intended for periodic, active use of email, user newsgroups, transfers via FTP, Internet chat, Internet games, and browsing of the Internet. You must comply with all current bandwidth, data storage, and other limitations on the ETC Internet services that have been established by ETC and ETC suppliers. You agree not to intentionally use the ETC Internet service on a standby or inactive basis in order to maintain a connection. The excessive use or abuse of ETC’s network resources by one Customer may have a negative impact on all other Customers. Accordingly, in addition to the Prohibited Uses and Activities provided in Section I, you may not use the ETC Internet service or take any action, directly or indirectly, that will result in excessive consumption or utilization of the system or network resources, or which may weaken network performance, as determined in ETC’s sole discretion. Such prohibited actions include, but are not limited to: using the ETC Internet Services to host a web server site which attracts excessive traffic at your location, continuously uploading or downloading streaming video or audio, use net hosting, continuous FTP uploading or downloading, or acting in a manner that negatively effects other users’ ability to engage in real time exchanges and use of the ETC Internet Services.
The Broadband Service is for personal and non-commercial residential use only. Therefore, ETC reserves the right to suspend or terminate Broadband Service accounts where data consumption is not characteristic of a typical residential user of the Broadband Service as determined by ETC in its sole discretion.
Common activities that may cause excessive data consumption in violation of this AUP include, but are not limited to, numerous or continuous bulk transfers of files and other high capacity traffic using (i) file transfer protocol (“FTP”), (ii) peer-to-peer applications, and (iii) newsgroups. You must also ensure that your use of the Broadband Service does not restrict, inhibit, interfere with, or degrade any other person’s use of the Broadband Service, nor represent (as determined by ETC in its sole discretion) an overly large burden on the network. In addition, you must ensure that your use of the Broadband Service does not limit or interfere with ETC’s ability to deliver and monitor the Broadband Service or any part of its network.
If you use the Broadband Service in violation of the restrictions referenced above, that is a violation of this AUP. In these cases, ETC may, in its sole discretion, suspend or terminate your Broadband Service account or request that you subscribe to a version of the Broadband Service (such as a commercial grade Internet service, if appropriate) if you wish to continue to use the Broadband Service at higher data consumption levels. ETC may also provide versions of the Broadband Service with different speed and data consumption limitations, among other characteristics, subject to applicable Broadband Service plans.
ETC’s determination of the data consumption for Broadband Service accounts is final.
188.8.131.52.5.Redress and Governing Law
184.108.40.206.5.1.Governing Law / Resolution of Disputes - Arbitration
Any dispute or claim between you, the Customer, and ETC arising out of or relating to the service provided in connection with this Acceptable Use Policy or the Subscriber Agreement shall be resolved by arbitration (“Arbitration”), unless otherwise specified in Customer’s individual Subscriber Agreement. To the extent that there is a conflict regarding this Arbitration provision, the Customer’s individual Subscriber Agreement supersedes the Terms and Policies of the individual Services.
The arbitrator’s decision shall follow the plain meaning of the relevant documents, and shall be final and binding. The parties agree that no arbitrator has the authority to: (i) award relief in excess of what the Subscriber Agreement provides; or (ii) award punitive or exemplary damages. Judgment on the award rendered by the arbitrators may be entered in any court having jurisdiction thereof. All claims shall be arbitrated individually and Customer will not bring, or join any class action of any kind in court or in arbitration or seek to consolidate or bring previously consolidated claims in Arbitration. CUSTOMER ACKNOWLEDGES THAT THIS ARBITRATION PROVISION CONSTITUTES A WAIVER OF ANY RIGHT TO A JURY TRIAL.
220.127.116.11.5.2.Governing Law / Resolution of Disputes - Governing Law
The Agreement and the relationship between you and ETC shall be governed by the laws of the state of Indiana without regard to its conflict of law provisions. To the extent court action is initiated to enforce an arbitration award or for any other reason consistent with the Arbitration provision herein, you and ETC agree to submit to the personal and exclusive jurisdiction of the courts located within the state of Indiana and waive any objection as to venue or inconvenient forum. The failure of ETC to exercise or enforce any right or provision of this AUP or the Subscriber Agreement shall not constitute a waiver of such right or provision. If any provision of this AUP or the Subscriber Agreement is found by a court of competent jurisdiction to be invalid, the parties nevertheless agree that the court should endeavor to give effect to the parties’ intentions as reflected in the provision, and the other provisions of this AUP or the Subscriber Agreement remain in full force and effect. You agree that regardless of any statute or law to the contrary, any claim or cause of action arising out of or related to use of the service, this AUP or the Subscriber Agreement must be filed within one (1) year after such claim or cause of action arose or be forever barred.
18.104.22.168.5.6.Copyright and Digital Millennium Copyright Act Requirements
ETC is committed to complying with U.S. copyright and related laws, and requires all customers and users of the Broadband Service to comply with these laws. Accordingly, you may not store any material or content on, or disseminate any material or content over, the Broadband Service (or any part of the Broadband Service) in any manner that constitutes an infringement of third party intellectual property rights, including rights granted by U.S. copyright law. Owners of copyrighted works who believe that their rights under U.S. copyright law have been infringed may take advantage of certain provisions of the Digital Millennium Copyright Act of 1998 (the “DMCA”) to report alleged infringements. It is ETC’s policy in accordance with the DMCA and other applicable laws to reserve the right to terminate the Broadband Service provided to any customer or user who is either found to infringe third party copyright or other intellectual property rights, including repeat infringers, or who ETC, in its sole discretion, believes is infringing these rights. ETC may terminate the Broadband Service at any time with or without notice for any affected customer or user.
22.214.171.124.5.6.1.Notification of Claimed Copyright Infringement
If you believe that a Web page or Web site hosted by ETC is violating your rights under U.S. copyright law, you may file a complaint of such claimed infringement with the ETC designated agent in the manner described below.
By Mail: Enhanced Telecommunications Corp.
Re: Copyright Infringement
123 Niewman Street
Sunman, Indiana 47041
By telephone: (812) 623-2122
By email: firstname.lastname@example.org
For your complaint to be valid under the DMCA and for action to be taken by ETC, the complainant must provide the following information when forwarding an alleged infringement notice:
- A physical or electronic signature of a person authorized to act on behalf of the copyright owner;
- Identification of the copyrighted work claimed to have been infringed;
- Identification of the material that is claimed to be infringing or to be the subject of the infringing activity and that is to be removed or access to which is to be disabled as well as information reasonably sufficient to permit ETC to locate the material;
- Information reasonably sufficient to permit the service provider to contact the complaining party, such as an address, telephone number, and, if available, an electronic mail address;
- A statement that the complaining party has a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or law; and,
- A statement that the information in the notification is accurate, and under penalty of perjury, that the complaining party is authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.
(For more details on the information required for valid notification, see 17 U.S.C. § 512(c)(3).)
You should be aware that, under the DMCA, claimants who make misrepresentations concerning copyright infringement may be liable for damages incurred as a result of the removal or blocking of the material, court costs, and attorneys fees.
126.96.36.199.5.6.2.Counter-Notification to Claimed Copyright Infringement
If a notice of copyright infringement has been lodged against you, you may file a counter-notification with ETC’s designated agent at the address listed above. Such counter-notification must contain the following information:
- Physical or electronic signature;
- 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;
- A statement under penalty of perjury that the Member has a good faith belief that the material was removed or disabled as a result of mistake or misidentification; and,
- Your name, address, and telephone number, and a statement that you consent to the jurisdiction of the federal district court for the federal district in which you are located, and that you will accept service of process from the complainant.
If ETC receives a valid counter-notification, the DMCA provides that the removed material will be restored, or access re-enabled.
These terms and conditions define what ETC considers improper and or abusive. These terms are non-exclusive and do not attempt to list all actions which can be considered cause for disconnect of services. If you are unsure if a contemplated use or action is permitted, please call our office at (812) 623-2122.
ETC reserves the right to modify these terms and conditions when necessary.
2.1.What types of information does ETC collect?
Whether you are communicating with ETC or using a ETC service, ETC may collect two types of information: personal information and non-personal information. “Personal information” refers to information that is particular to you, such as, your name, address, phone number, fax number, and e-mail address. “Non-personal information” refers to information that does not by itself identify a specific individual. This information includes websites visited, network traffic data, services and features used or call record details.
2.2.How do we collect information from you?
ETC may collect information from you through communications such as via the web, or by phone, email or mail delivery, or through the services provided to you as the customer.
You may visit our site without divulging any personal information; however, there are areas of this site that might require personal information in order to contact ETC directly, specifically, when registering e-mails, obtaining remote access, and contacting online technical support.
Information may be collected in the following ways:
2.2.1.Browsing our site
- IP addresses may be collected for the purposes of system administration, to gather broad demographic information, and to monitor the level of activity on our site.
- Information may be collected regarding the referring URL, which browser you used to come to our site, and the pages of our site that you viewed during your visit and any search terms entered on our site.
- E-mails may be sent by the customer to ETC on this website. ETC may retain the information in any e-mail that you send to us, such as your name, e-mail, address, or telephone number.
2.2.2.Broadband Internet Service
- ETC may monitor the network and take measurements of network performance and the performance of your Internet connection to improve the customer’s, or ETC ‘s, overall service levels.
- During communications with ETC for service support, we may also access information about your customer premise equipment such as computers and wireless modem devices or other device settings to provide customized technical support or to install specific applications or services for your use.
- ETC reserves the right to access broadband traffic from individual accounts for the purposes of general maintenance and management of the network, as well as upon request by law enforcement officials.
2.2.3.Provision of Information by Third Parties
- ETC may obtain credit information about you from third parties when you purchase products or services from ETC.
2.2.3.How is your personal information used?
ETC uses your information in connection with delivering its products and services to you. ETC may also use the information supplied in order to personalize portions of your service. Some of these personalized services are made available directly by ETC, while others may be offered by its content partners. In addition, ETC analyzes and evaluates customer preferences, comments, and criticisms of its offerings in order to make improvements to the present and future versions of the individual service.
ETC may use personal information it collects to provide you with information or samples that you have requested. In addition, we may use the non-personal information we collect to provide you with a better service experience in the future. ETC does not rent, sell or trade your private information to any non-affiliated third party.
2.2.5.How does the customer provide consent?
2.2.6.How does ETC protect your personal information?
ETC takes reasonable precautions to protect your personal information against unauthorized access by requiring employees to use secured access authentication and passwords to obtain customer information and by storing electronic file information on a secure server, which is accessible only by authorized personnel.
Unfortunately, no data transmission over the Internet can be guaranteed to be 100% secure and we will not be held liable should a third party illegally obtain your personal information via Internet transmission. While we have made significant efforts to protect your personal information, we cannot ensure or warrant the security of any information you transmit to us, and you do so at your own risk.
ETC takes special care to protect the safety and privacy of young people using its services. ETC does not knowingly collect information about children. ETC believes that children should get their parents’ consent before giving out any personal information. ETC encourages parents and legal guardians to participate in their child’s experience using ETC ‘s services. Children should always ask a parent for permission before sending personal information to ETC.
3.Wireline Network Management Policy
Enhanced Telecommunications Corporation (“ETC” or “Company”) provides this Policy in order to disclose its network management practices in accordance with the FCC’s Open Internet Rules. Additional Information about ETC’s other policies and practices concerning broadband service are also available under the www.ETCZone.com Section of the website. ETC resells [Telespire/Verizon] wireless service. Disclosures associated with wireless data service maybe found on the [Telespire/Verizon] website.
ETC manages its network to ensure that all of its customers experience a safe and secure broadband Internet environment that is fast, reliable and affordable. ETC wants its customers to indulge in all the Internet has to offer, whether it is social networking, streaming videos and music, or communicating through email and videoconferencing.
ETC manages its network for a number of reasons, including optimization, as well as congestion- and security-protocol-management. Such practices are consistent with reasonable network management actions and are intended to improve the overall performance for customers.
3.1.ETC's Network Management Practices
ETC uses various tools and industry standard techniques to monitor its network and deliver fast, secure and reliable Internet service. Such Monitoring tools and practices include the following:
ETC monitors the connections on its network in the aggregate to determine the rate of utilization. ETC engineers the network to meet the customer’s traffic requirements. ETC increases capacity when thresholds are exceeded. ETC may also increase capacity by adding additional DSL nodes, upgrading to Fiber to the Home, adding transport, and adding Internet aggregation routers and bandwidth, as needed.
On ETC’s network, all customers have access to all legal services, applications and content online and, in the event of congestion, most Internet activities will be unaffected. Some customers, however, may experience longer download or upload times, or slower surf speeds on the web if instances of congestion occur on ETC’s network.
Customers using conduct that abuses or threatens the ETC network or which violates the company’s Acceptable Use Policy will be asked to stop any such use immediately. A failure to respond or to cease any such conduct could result in service suspension or termination.
ETC’s network and congestion management practices are ‘application-agnostic’, based on current network conditions, and are not implemented on the basis of customers’ online activities, protocols or applications. ETC’s network management practices do not relate to any particular customer’s aggregate monthly data usage. ETC does not prioritize or discriminate against any applications or protocols except for specialized networks.
ETC knows the importance of securing its network and customers from network threats and annoyances. The company promotes the security of its network and patrons by providing resources to its customers for identifying and reporting such threats as spam, viruses, firewall issues, and phishing schemes. ETC also deploys spam filters in order to divert spam from an online customer’s email inbox while allowing the customer to control which emails are identified as spam. If a customer does not access the Spam email, it is deleted after 30 days.
As its normal practice, ETC does not block any protocols, content or traffic for purposes of network management except that the company may block or limit such traffic as spam, viruses, malware, or denial of service attacks to protect network integrity and the security of our customers. ETC does filter ports to reduce the spread of computer-related viruses and protecting your computer from intruder access. If ETC suspects traffic originated by its customers is virus related, ETC will contact the suspected party. If there is no response, the customer’s service will be suspended until the issue can be resolved.
ETC does not currently engage in any application-specific behaviors in its network, except as maybe listed in the Specialized Service section of this policy.
ETC a monitors the network for performance and provides performance regularly. Traffic is analyzed and trended to insure peak performance. ETC may use industry standard software tools to check for abnormal traffic flows, network security breaches, malware, loss, and damage to the network. If a breach is detected or high volume users are brought to light by complaint, ETC provides notification to the customer via email or phone. If a violation of ETC’s policies has occurred and such violation is not remedied, ETC will seek to suspend or terminate that customer’s service.
3.1.4.Network Management Technology
ETC employs a variety of industry-standard tools, applications and devices to monitor, secure and maintain its network, including the following:
- network graphing solutions;
- latency measurement software; and
- bandwidth and performance measurement platforms
ETC offers broadband service over fixed LTE wireless, DSL, and FTTH. Due to the differences in technology not all service tiers are available to every customer. ETC offers speeds ranging from 1 M to 100 M. The table below shows which tiers are offered on each technology:
ETC’s current service offerings (subject to change)
|up to 3 Mbps||1 Mbps||Fixed LTE Wireless|
|up to 5 Mbps||1 Mbps||DSL|
|up to 10 Mbps||1 Mbps||DSL|
|up to 10 Mbps||5 Mbps||DSL/FTTH|
|up to 40 Mbps||10 Mbps||FTTH|
|up to 40 Mbps||20 Mbps||FTTH|
|up to 100 Mbps||20 Mbps||FTTH|
Service offerings are detailed in the services section of the website. There are no usage charges for broadband services.
The Acceptable Use Policy for broadband and internet services is posted on the website.
All of ETC’s broadband service is capable of supporting real time applications.
ETC broadband services are best effort performance. ETC makes every effort to support advertised speeds and will dispatch repair technicians to customer sites to perform speed tests as needed to troubleshoot and resolve speed and application performance issues that are caused by ETC’s network. ETC measures availability, latency, and aggregate utilization on the network and strives to meet internal service level targets in its network. However, the customer’s performance is also affected by the particular website being accessed, capacity in the public internet beyond the ETC network and the customer’s computer, inside wiring, wireless router, and other customer equipment.
Customers can test their actual speeds using the speed test using the following link: . ETC is in the process of developing additional systems/processes that will allow us to measure the performance of the ETC controlled network compared to advertized speeds. Once these systems are developed, ETC will disclose the results on its website.
ETC provides Internet Protocol Television (IPTV) services to end users using virtual private network architecture. This service, also known as a Specialized Service, is separated from the company’s best effort Internet services on the Local network. Specialized Service traffic is shared and prioritized higher than best effort broadband traffic in the network core. ETC does add capacity to support both specialized service and best effort services if congestion is detected.
3.1.8.Device Attachment Rules
ETC provides DSL and modem for the fixed wireless service as part of the broadband service. Customer may attach any industry standard device beyond the DSL or fixed wireless modem. If ETC discovers a customer device is harmful to its network, ETC has the right to request that the customer remove such device.h device.
4.Wireless Network Management Policy
The following policies apply to mass market broadband Internet services offered by Enhanced Telecommunications Corporation’s (‘ETC”). ETC also offers enterprise level services that can be individually tailored to customer needs. Information on enterprise services can be obtained by contacting Enterprise Sales, 800-353-2133. It is ETC’s policy to provide robust and reliable access to the Internet for all of its mass market end user customers. Because network resources are shared by all users, ETC discloses and identifies the following policies govern its mass market Internet service. These policies are designed to: (i) ensure that shared network resources are allocated fairly among all users; (ii) allow users and prospective users to understand service policies and any significant limitations on the service; and (iii) provide a foundation that assures customers that they can rely on consistently receiving the level and quality of service to which they subscribe. ETC does not block access to, nor discriminate against, any lawful website or Internet application. Customers are encouraged to familiarize themselves with the following policies which are deemed part of their Service Agreement. By using ETC’s Internet service, the customer accepts, agrees to be bound by and to strictly adhere to, these policies. The customer also agrees to be responsible for compliance with these policies by third parties, such as friends, family members or guests that make use of the customer’s service accounts or equipment to access the network for any purpose, with or without the permission of the customer.
4.1.Acceptable Use Policy
To view Enhanced Telecommunications Corporation’s (‘ETC”) Acceptable Use Policy (“AUP”) for mobile broadband service.
To view the mobile broadband service Acceptable Use Policies of ETC’s underlying facilities provider.
All traffic management for the mobile broadband service is controlled by its underlying facilities providers. Click to view the Traffic Management policies.
While ETC collects personally identifiable information in order to provide the mobile broadband service and to bill for this service, ISP does not collect any information concerning the customer’s visited websites, application usage or other Internet activity.
However, customers should be familiar with the privacy policies of ISP’s underlying facilities providers. To view the Privacy Policies.