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Internet Service Agreement
INTRODUCTION
By using this Internet service (“Service”) or by establishing an account, you agree to be bound by this Agreement and to use the Service in compliance with this Agreement, our Acceptable Use Policies and all other use policies (collectively, the “Terms of Service”). If you do not agree to the Terms of Service, including any future revisions, you may not use the Service, and if you have an account you must terminate it as provided herein. We, your Internet service provider (the “ISP”), reserve the right to revise the Terms of Service and you accept sole responsibility for periodically reviewing them for any changes. Your continued use of this Service following the posting of any revisions to the Terms of Service constitutes your acceptance of those revisions.
SUBSCRIBER OBLIGATIONS
A End users establishing an account with the ISP (“Members”) must be at least 18 years old.
B Members must (i) provide ISP with the accurate and complete billing information including legal name, address, telephone number, and credit/billing, and (ii) report to ISP all changes to this information within 30 days of the change. Members are responsible for all changes to their account.
C Members are billed each month for the basic service and any additional usage or services. Members are responsible for paying all charges billed to their account in the manner and method prescribed on their invoice. ISP is not responsible for any charges or expenses (overdrawn accounts, exceeding credit cards limits, etc) resulting from charges billed by ISP.
D Delinquent accounts may be suspended or canceled at ISP’s sole discretion; however, charges will continue to accrue until the account is canceled. ISP may bill an additional charge to reinstate a suspended account.
E Service calls will incur a $50 fee if the equipment is customer-owned and not distributed directly by i5 Fiber.
F Activation fees – limit one activation and disconnection per calendar year. Any activations and disconnections exceeding the 1 per year limit will incur a $25 fee.
A SPECIAL NOTE CONCERNING MINORS
Protecting children’s privacy is especially important to us. It is our policy to comply with the Children’s online Privacy protection Act of 1998 and all other applicable laws. ISP recommends that children ask a parent for permission before sending personal information to ISP, or to anyone else online.
NETWORK MANAGEMENT AND LIMITATIONS ON BANDWIDTH CONSUMPTION
The I5 Fiber network is designed for typical usage by a typical residential computer user. Computer activity resulting in excessive or sustained bandwidth consumption, even with unlimited packages, may burden the network and such usage may be restricted. Bandwidth on our network is a limited, shared resource among subscribers. Because we seek to provide the Service at a reasonable cost to the largest number of users, the use of our network is subject to usage limitations. Users therefore must comply with the current bandwidth, data throughput, and other limitations on the Service, including the excessive use guidelines described below. Users must ensure their activity does not improperly restrict, inhibit, or degrade any other user’s use of the Service, nor represent (in the sole but reasonable judgment of I5 Fiber) an unusually large burden on the network itself. In addition, users must ensure that their activity does not improperly restrict, inhibit, disrupt, degrade or impede I5 Fiber’s ability to deliver the Service and monitor the Services, backbone, network nodes, and/or other network services.
How does I5 Fiber manage its Network?
I5 Fiber strives to provide customers the best experience when using our network, a shared resource among thousands of customers.
I5 Fiber may use tools and techniques to manage its network, deliver the Service, and ensure compliance with this Policy and the Subscriber Agreement. These tools and techniques are dynamic, like the network and its usage, and can and do change frequently. For example, these network management activities may include (i) identifying spam and preventing its delivery to customer e-mail accounts, (ii) detecting malicious Internet traffic and preventing the distribution of viruses or other harmful code or content, (iii) limiting speeds during periods of extended congestion, (iv) requiring an upgrade or purchase of a different Internet service and (v) using other tools or techniques that I5 Fiber may be required to implement in order to meet its goal of delivering the best broadband Internet experience to all its customers.
INTRODUCTION
By using this Internet service (“Service”) or by establishing an account, you agree to be bound by this Agreement and to use the Service in compliance with this Agreement, our Acceptable Use Policies and all other use policies (collectively, the “Terms of Service”). If you do not agree to the Terms of Service, including any future revisions, you may not use the Service, and if you have an account you must terminate it as provided herein. We, your Internet service provider (the “ISP”), reserve the right to revise the Terms of Service and you accept sole responsibility for periodically reviewing them for any changes. Your continued use of this Service following the posting of any revisions to the Terms of Service constitutes your acceptance of those revisions.
SUBSCRIBER OBLIGATIONS
A End users establishing an account with the ISP (“Members”) must be at least 18 years old.
B Members must (i) provide ISP with the accurate and complete billing information including legal name, address, telephone number, and credit/billing, and (ii) report to ISP all changes to this information within 30 days of the change. Members are responsible for all changes to their account.
C Members are billed each month for the basic service and any additional usage or services. Members are responsible for paying all charges billed to their account in the manner and method prescribed on their invoice. ISP is not responsible for any charges or expenses (overdrawn accounts, exceeding credit cards limits, etc) resulting from charges billed by ISP.
D Delinquent accounts may be suspended or canceled at ISP’s sole discretion; however, charges will continue to accrue until the account is canceled. ISP may bill an additional charge to reinstate a suspended account.
A SPECIAL NOTE CONCERNING MINORS
Protecting children’s privacy is especially important to us. It is our policy to comply with the Children’s online Privacy protection Act of 1998 and all other applicable laws. ISP recommends that children ask a parent for permission before sending personal information to ISP, or to anyone else online.
NETWORK MANAGEMENT AND LIMITATIONS ON BANDWIDTH CONSUMPTION
The I5 Fiber network is designed for typical usage by a typical residential computer user. Computer activity resulting in excessive or sustained bandwidth consumption, even with unlimited packages, may burden the network and such usage may be restricted. Bandwidth on our network is a limited, shared resource among subscribers. Because we seek to provide the Service at a reasonable cost to the largest number of users, the use of our network is subject to usage limitations. Users therefore must comply with the current bandwidth, data throughput, and other limitations on the Service, including the excessive use guidelines described below. Users must ensure their activity does not improperly restrict, inhibit, or degrade any other user’s use of the Service, nor represent (in the sole but reasonable judgment of I5 Fiber) an unusually large burden on the network itself. In addition, users must ensure that their activity does not improperly restrict, inhibit, disrupt, degrade or impede I5 Fiber’s ability to deliver the Service and monitor the Services, backbone, network nodes, and/or other network services.
How does I5 Fiber manage its Network?
I5 Fiber strives to provide customers the best experience when using our network, a shared resource among thousands of customers.
I5 Fiber may use tools and techniques to manage its network, deliver the Service, and ensure compliance with this Policy and the Subscriber Agreement. These tools and techniques are dynamic, like the network and its usage, and can and do change frequently. For example, these network management activities may include (i) identifying spam and preventing its delivery to customer e-mail accounts, (ii) detecting malicious Internet traffic and preventing the distribution of viruses or other harmful code or content, (iii) limiting speeds during periods of extended congestion, (iv) requiring an upgrade or purchase of a different Internet service and (v) using other tools or techniques that I5 Fiber may be required to implement in order to meet its goal of delivering the best broadband Internet experience to all its customers.
How does I5 Fiber track usage?
We collect data on customer traffic pattern usage through the use of traffic management software. I5 Fiber reserves the right to conduct tests to improve network security, to enhance the performance of our network, and to determine whether to make available new service offerings. These technical tests are performed almost continuously and without notice.
Does i5 Fiber give monetary credits for interruption in service?
No credit shall be given unless service is interrupted for 72 consecutive hours.
Are there fees charged for unreturned equipment upon disconnect?
Each unreturned Eero will be subject to a $450 charge per Eero. An unreturned ONU (optical network unit) will be subject to a $150 charge per ONU.
Is there a grace period for monthly internet payments?
If your invoice is 30 days past due, your internet will be disconnected until payment is rendered.
NETWORK MANAGEMENT/EXCESSIVE USE
Members receive a user name, password and account designation upon registration. You and members of your household are the only authorized users of your ISP account and must comply with this Agreement. You must keep your password confidential. So that no one else may access the Service through your account.
Using a personal account for high volume or commercial use (e.g., revenue generation, advertising, etc) is prohibited.
MONITORING THE SERVICE
ISP has no obligation to monitor the Service, but may do so and disclose information regarding the use of the Service for any reason if ISP, in its sole discretion believes that it is reasonable to do so, including but not limited to: satisfy laws, regulations, or governmental or legal requests; operate the Service properly; or protect itself and its Members. Please see our Privacy Policy. ISP may immediately remove your material or information from ISP’s servers, in whole or in part, which ISP, in its sole and absolute discretion, determines to infringe another’s property rights or to violate our Acceptable use policy.
DISCLAIMER OF WARRANTIES
EXCEPT FOR CERTAIN PRODUCTS AND SERVICE SPECIFICALLY IDENTIFIED AS BEING OFFERED BY ISP, ISP DOES NOT CONTROL ANY MATERIALS, INFORMATION, PRODUCTS, OR SERVICE ON THE INTERNET. THE INTERNET CONTAINS UNEDITED MATERIALS, SOME OF WHICH ARE SEXUALLY EXPLICIT OR MAY BE OFFENSIVE TO YOU. ISP HAS NO CONTROL OVER AND ACCEPTS NO RESPONSIBILITY FOR SUCH MATERIALS. YOU ASSUME FULL RESPONSIBILITY AND RISK FOR USE OF THE SERVICE AND THE INTERNET AND ARE SOLELY RESPONSIBLE FOR EVALUATING THE ACCURACY, COMPLETENESS, AND USEFULLNESS OF ALL SERVICE PRODUCTS, AND OTHER INFORMATION, AND THE QUALITY AND MERCHANDISE PROVIDED THROUGH THE SERVICE OR THE INTERNET. THE SERVICE IS PROVIDED OF AN “AS IS” AND “AS AVAILIIBLE” BASIS. ISP DOES NOT WARRANT THAT THE SERVICE WILL BE UNINTERRUPTED, ERROR-FREE OR FREE OF VIRUSES, OR OTHER HARMFUL COMPONENTS. ISP MAKES NO EXPRESS WARRANTIES AND WAIVES ALL IMPLIED WARRANTIES INCLUDING, BUT NOT LIMITED TO, FITNESS FOR A PARTICULAR PURPOSE REGARDING ANY MERCHANDISE, GENERALLY. NO ADVICE OR INFORMATION GIVEN BY ISP OR ITS REPRESENTATIVES SHALL CREATE A WARRANTY.
LIMITATION OF LIABILTY
UNDER NO CIRCUMSTANCES SHALL ISP, EMPLOYEES, SUBSCRIBERS, ITS LICENSORS OR ANY UNDERLYING SERVICE PROVIDER BE LIABLE FOR ANY COSTS OR DAMAMGES ARISING DIRECTLY OR INDIRECTLY FROM YOUR USE OR INABILTY TO USE THE SERVICE OR THE INTERNET INCLUDING ANY INDIRECT, INCIDENTAL, EXEMPLARY, MULTIPLE, SPECIAL, PUNITIVE, OR CONSEQUENTIAL DAMAGES. THIS LIMITATION APPLIES WHETHER THE ALLEGED LIABILTY IS BASED ON CONTRACT, TORT, NEGLIGENCE, STRICT LIABILTY, OR ANY OTHER BASIS, EVEN IF ISP HAS BEEN ADVISED OF THE POSSIBILTY OF SUCH DAMAGE. BECAUSE SOME JURSIDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF INCEDENTAL OR CONSEQUENTAL DAMAGES, ISP’S LIABILITY IN SUCH JURSIDITIONS SHALL BE LIMITED TO THE EXTENT PERMITTED BY LAW.
IDENTIFICATION
As a member, you agree to defend, indemnify and hold harmless ISP and its subsidiary and other affiliated companies, and their employees, contractors, officers and directors from all liabilities, claims, and expenses, including attorney’s fees that arise from your use or misuse of this site. ISP reserves the right, at its own expense to assume the exclusive defense and control of any matter otherwise subject to indemnification by you, in which event you will cooperate with ISP in asserting any available defenses.
SOFTWARE LICENSE
ISP grants to each Member a limited, non-exclusive, non-transferable and non-assignable license to install and use the ISP access software (including software from third-party vendors that ISP distributes) (in object code format), its associated documentation, and any updates thereto (“Licensed Programs”) in order to access and utilize the Service. Each Member agrees to use the Licensed Programs solely in conjunction with the Service and for no other purpose ISP may modify the Licensed Programs at any time, for any reason, and without providing notice of such modification to a Member.
The Licensed Programs constitute confidential and proprietary information of ISP and ISP’s licensors and embody trade secrets and the intellectual property protected under United States copyright laws, other laws, and international treaty provisions. All right, title and interest in and to the Licensed Program, including associated intellectual property rights, are and shall remain with ISP and ISP’s licensors. Member shall not translate, decompile, reverse engineer, distribute, remarket or otherwise dispose of the Licensed Program or any part thereof.
You may not download, use or otherwise export or re-export the Licensed Programs or any underlying information or technology except in full compliance with all United States and other applicable laws and regulations. By installing or downloading the Software, you represent and warrant that you are not located in, under the control of or a national or resident of any country on the U.S. Treasury Department’s list of Specially Designated Nationals or the U.S. Commerce Department’s Table of Deny Orders.
WEBSITE USAGE AND OTHER WEB SITES
The Service may provide, or third parties may provide, links to other World Wide Web Sites or resources. Because ISP has no control over such sites and resources, you acknowledge and agree that ISP is not responsible for the availability of such external sites or resources. You further acknowledge and agree that ISP shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with use of or reliance on any such content, goods or services available on or through any such site or resource.
Some portions of the Website are made available for the free exchange of ideas by participants and are not regularly monitored nor moderated by ISP. ISP assumes no responsibility and makes no warranty that it will undertake to screen or remove such material. You agree to hold ISP harmless from all claims based upon the materials posted by others. Also, in exchange for availing yourself of the opportunity to upload or provide information to this site and any associated chat rooms or discussion areas, you will identify ISP from any claims made by a third party regarding the material that you provide. Personal information posted by you to the website is posted at your risk. ISP will have no liability arising from use of those goods or services, solicitations for funds, or other commercial messages. You agree that you will not post, upload or otherwise introduce a virus or other harmful code onto the Website.
Your posting of material on the Website or providing material to ISP to use on the Website, will be deemed to be a grant by you to ISP to use on the Website, will be deemed to be a grant by you to ISP of a perpetual, non-revocable, worldwide, non-exclusive license to the material to include the material on the Website and to reproduce, publish, distribute, perform, display, and transmit the material and to prepare derivative works as reasonably necessary to do so and you waive all rights of attribution and integrity with respect to the material.
TERM OF AGREEMENT
Continued use of the Service constitutes acceptance of this Agreement and any future versions. If you are dissatisfied with the Service or any related terms, condition, rules, policies, guidelines, or practices, your sole and exclusive remedy is to discontinue using the Service and, if you are a Member, to terminate your account.
TERMINATION
ISP reserves the right, in its sole discretion to terminate your account, your password and your use of the Service, with or without notice. You may terminate your account at any time and for any reason by providing notice of intent to terminate to ISP by: (a) telephone calls directed to Customer Service. (b) Registered or certified mail, return requested addressed to ISP.
Email termination of your basic Internet access account will not be accepted. If your account included space on ISP’s servers, anything stored on this space will be deleted upon termination. Section 2, the third paragraph of Section 3, and Sections 5, 6, 7, and 13 of this Agreement shall survive termination of this Agreement.
THIRD PARTY BENEFICIARY
YOU AGREE THAT IN THE INTERGRATED BROADBAND SERVICES, INC. IS A THIRD PARTY BENEFICIARY OF THIS AGREEMENT AND AS SUCH IS ENTITLED TO ALL THE RIGHTS AND PROTECTIONS AFFORDED BY THIS AGREEMENT TO ISP DESCRIBED HEREIN.
EXPECTED SPEEDS
100 mbps package: speeds expected to be 90-110
250 mbps package: speeds expected to be 230-270
500 mbps package: speeds expected to be 450-550
1000 mbps package: speeds expected to be 900-1000
*Speed tests will be dependent upon type of speed test and equipment speed test is run on*
MISCELLANEOUS
This Agreement, the Acceptable Use Policy, the Privacy Policy, and ISP’s other user policies posted on ISP’s website constitute the entire agreement between you and ISP with respect to your use of the Service. ISP may revise, amend, or modify this Agreement, the Acceptable Use Policy and any other user policies, at any time and in any manner. Any revision amendment, or modification will be effective immediately after ISP posts it at its websites.
This Agreement is governed by the law of the state of Illinois. The federal and state courts located in the state alone have jurisdiction over all disputes arising out of or related to this Agreement and the Service. You consent to the personal jurisdiction of such courts sitting in said state with the respect to such matters or otherwise between you and ISP, and waive your rights to removal consent to removal.
I5 FIBER CABLEVISION ACCEPTABLE USE POLICY
This Acceptable Use Policy (“AUP”) governs your use of the Internet services (“Service”) provided by us (“ISP”), whether you subscribe to the Service or not and you agree to all terms set forth herein.
Generally, ISP does not monitor or edit the content posted by users of the Service or other Internet services that may be available on or through the Service (e.g.. newsgroups, chat rooms, message boards etc.) However, ISP and its agents reserve the right at their sole discretion to remove any content that, in ISP’s judgment, does not comply with the AUP or is otherwise harmful, objectionable, or inaccurate. ISP is not responsible for any failure or delay in removing such content.
In addition, ISP may cooperate with legal authorities and/or third parties in the investigation of any suspected or alleged crime or civil wrong. Your violation of this AUP may result in suspension or termination of either your access to the Service and/or your ISP account. You agree to indemnify, defend, and hold ISP harmless from any claims resulting from your use of this service, which damages you or another party. At our sole discretion, we may revoke your access for inappropriate usage. Use of any information obtained. Via the Service is at your own risk. ISP is not responsible for the accuracy, quality, or content of information obtained through the Service. This AUP should be read in conjunction with our Internet Service Agreement and other policies.
VIOLATIONS
The following constitute violations of ISP’s AUP:
(A) Using the Service to gain unauthorized access to any computer systems.
(B) Using the Service to transmit any material (by email, uploading, posting or otherwise) that, intentionally or unintentionally, violates any applicable local, state, national or international law, or any rules or regulations promulgated thereunder.
(C) Using the Service to interfere with the access to the internet by other parties or disrupt the network used by ISP.
(D) Using the Service to harm, harass, degrade or intimidate an individual or group of individuals on the basis of religion, gender, race, ethnicity, age, or disability.
(E) Using the Service to transmit any material (by email, uploading, posting, or otherwise) that threatens or encourages bodily harm or destruction of property.
(F) Using the Service to harm, harass, threaten, embarrass, or cause distress, unwanted attention or discomfort on another.
(G) Using the Service to make fraudulent offers to sell or buy products, items, or services or to advance any type of financial scam such as “pyramid schemes,” “ponzi schemes,” and “chain letters.”
(H) Adding, removing or modifying identifying network header information in an effort to deceive or mislead.
(I) Using the Service to transmit any unsolicited commercial email or unsolicited bulk email is prohibited. Activities that have the effect of facilitating unsolicited commercial email is prohibited bulk email, whether or not that email is commercial in nature, is prohibited.
(J) Using the service to access, or to attempt to access, the accounts of others, or to penetrate, or attempt to penetrate, security measures of ISP or another entity’s computer software or hardware, electronic communications system, or telecommunications system whether or not the intrusion results in the corruption or loss of data.
(K) Using the Service to transmit or receive any material (by email, uploading, downloading, posting, or otherwise) that infringes any copyright, trademark, patent, trade secret, or other proprietary rights of any third party, including, but not limited to, the unauthorized copying or copyrighted material, the digitization and distribution of photographs from magazines, books, or other copyrighted sources, and the unauthorized transmittal of copyrighted software.
(L) Using the Service to collect, or attempt to collect, personal information about third parties without their knowledge or consent.
(M) Using the Service to harm minors in anyway.
(N) Reselling the service without ISP’s authorization.
(O) Allowing others who are not members to receive Internet service via wireless network.
REVISIONS BY ISP THIS AUP
ISP reserves the right to revise, amend or modify this AUP, or Internet Service Agreement and our other policies at any manner. Any revision, amendment, or modification will be posted in accordance with the terms of the Internet Service Agreement.
We collect data on customer traffic pattern usage through the use of traffic management software. I5 Fiber reserves the right to conduct tests to improve network security, to enhance the performance of our network, and to determine whether to make available new service offerings. These technical tests are performed almost continuously and without notice.
NETWORK MANAGEMENT/EXCESSIVE USE
Members receive a user name, password and account designation upon registration. You and members of your household are the only authorized users of your ISP account and must comply with this Agreement. You must keep your password confidential. So that no one else may access the Service through your account.
Using a personal account for high volume or commercial use (e.g., revenue generation, advertising, etc) is prohibited.
MONITORING THE SERVICE
ISP has no obligation to monitor the Service, but may do so and disclose information regarding the use of the Service for any reason if ISP, in its sole discretion believes that it is reasonable to do so, including but not limited to: satisfy laws, regulations, or governmental or legal requests; operate the Service properly; or protect itself and its Members. Please see our Privacy Policy. ISP may immediately remove your material or information from ISP’s servers, in whole or in part, which ISP, in its sole and absolute discretion, determines to infringe another’s property rights or to violate our Acceptable use policy.
DISCLAIMER OF WARRANTIES
EXCEPT FOR CERTAIN PRODUCTS AND SERVICE SPECIFICALLY IDENTIFIED AS BEING OFFERED BY ISP, ISP DOES NOT CONTROL ANY MATERIALS, INFORMATION, PRODUCTS, OR SERVICE ON THE INTERNET. THE INTERNET CONTAINS UNEDITED MATERIALS, SOME OF WHICH ARE SEXUALLY EXPLICIT OR MAY BE OFFENSIVE TO YOU. ISP HAS NO CONTROL OVER AND ACCEPTS NO RESPONSIBILITY FOR SUCH MATERIALS. YOU ASSUME FULL RESPONSIBILITY AND RISK FOR USE OF THE SERVICE AND THE INTERNET AND ARE SOLELY RESPONSIBLE FOR EVALUATING THE ACCURACY, COMPLETENESS, AND USEFULLNESS OF ALL SERVICE PRODUCTS, AND OTHER INFORMATION, AND THE QUALITY AND MERCHANDISE PROVIDED THROUGH THE SERVICE OR THE INTERNET. THE SERVICE IS PROVIDED OF AN “AS IS” AND “AS AVAILIIBLE” BASIS. ISP DOES NOT WARRANT THAT THE SERVICE WILL BE UNINTERRUPTED, ERROR-FREE OR FREE OF VIRUSES, OR OTHER HARMFUL COMPONENTS. ISP MAKES NO EXPRESS WARRANTIES AND WAIVES ALL IMPLIED WARRANTIES INCLUDING, BUT NOT LIMITED TO, FITNESS FOR A PARTICULAR PURPOSE REGARDING ANY MERCHANDISE, GENERALLY. NO ADVICE OR INFORMATION GIVEN BY ISP OR ITS REPRESENTATIVES SHALL CREATE A WARRANTY.
LIMITATION OF LIABILTY
UNDER NO CIRCUMSTANCES SHALL ISP, EMPLOYEES, SUBSCRIBERS, ITS LICENSORS OR ANY UNDERLYING SERVICE PROVIDER BE LIABLE FOR ANY COSTS OR DAMAMGES ARISING DIRECTLY OR INDIRECTLY FROM YOUR USE OR INABILTY TO USE THE SERVICE OR THE INTERNET INCLUDING ANY INDIRECT, INCIDENTAL, EXEMPLARY, MULTIPLE, SPECIAL, PUNITIVE, OR CONSEQUENTIAL DAMAGES. THIS LIMITATION APPLIES WHETHER THE ALLEGED LIABILTY IS BASED ON CONTRACT, TORT, NEGLIGENCE, STRICT LIABILTY, OR ANY OTHER BASIS, EVEN IF ISP HAS BEEN ADVISED OF THE POSSIBILTY OF SUCH DAMAGE. BECAUSE SOME JURSIDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF INCEDENTAL OR CONSEQUENTAL DAMAGES, ISP’S LIABILITY IN SUCH JURSIDITIONS SHALL BE LIMITED TO THE EXTENT PERMITTED BY LAW.
IDENTIFICATION
As a member, you agree to defend, indemnify and hold harmless ISP and its subsidiary and other affiliated companies, and their employees, contractors, officers and directors from all liabilities, claims, and expenses, including attorney’s fees that arise from your use or misuse of this site. ISP reserves the right, at its own expense to assume the exclusive defense and control of any matter otherwise subject to indemnification by you, in which event you will cooperate with ISP in asserting any available defenses.
SOFTWARE LICENSE
ISP grants to each Member a limited, non-exclusive, non-transferable and non-assignable license to install and use the ISP access software (including software from third-party vendors that ISP distributes) (in object code format), its associated documentation, and any updates thereto (“Licensed Programs”) in order to access and utilize the Service. Each Member agrees to use the Licensed Programs solely in conjunction with the Service and for no other purpose ISP may modify the Licensed Programs at any time, for any reason, and without providing notice of such modification to a Member.
The Licensed Programs constitute confidential and proprietary information of ISP and ISP’s licensors and embody trade secrets and the intellectual property protected under United States copyright laws, other laws, and international treaty provisions. All right, title and interest in and to the Licensed Program, including associated intellectual property rights, are and shall remain with ISP and ISP’s licensors. Member shall not translate, decompile, reverse engineer, distribute, remarket or otherwise dispose of the Licensed Program or any part thereof.
You may not download, use or otherwise export or re-export the Licensed Programs or any underlying information or technology except in full compliance with all United States and other applicable laws and regulations. By installing or downloading the Software, you represent and warrant that you are not located in, under the control of or a national or resident of any country on the U.S. Treasury Department’s list of Specially Designated Nationals or the U.S. Commerce Department’s Table of Deny Orders.
WEBSITE USAGE AND OTHER WEB SITES
The Service may provide, or third parties may provide, links to other World Wide Web Sites or resources. Because ISP has no control over such sites and resources, you acknowledge and agree that ISP is not responsible for the availability of such external sites or resources. You further acknowledge and agree that ISP shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with use of or reliance on any such content, goods or services available on or through any such site or resource.
Some portions of the Website are made available for the free exchange of ideas by participants and are not regularly monitored nor moderated by ISP. ISP assumes no responsibility and makes no warranty that it will undertake to screen or remove such material. You agree to hold ISP harmless from all claims based upon the materials posted by others. Also, in exchange for availing yourself of the opportunity to upload or provide information to this site and any associated chat rooms or discussion areas, you will identify ISP from any claims made by a third party regarding the material that you provide. Personal information posted by you to the website is posted at your risk. ISP will have no liability arising from use of those goods or services, solicitations for funds, or other commercial messages. You agree that you will not post, upload or otherwise introduce a virus or other harmful code onto the Website.
Your posting of material on the Website or providing material to ISP to use on the Website, will be deemed to be a grant by you to ISP to use on the Website, will be deemed to be a grant by you to ISP of a perpetual, non-revocable, worldwide, non-exclusive license to the material to include the material on the Website and to reproduce, publish, distribute, perform, display, and transmit the material and to prepare derivative works as reasonably necessary to do so and you waive all rights of attribution and integrity with respect to the material.
TERM OF AGREEMENT
Continued use of the Service constitutes acceptance of this Agreement and any future versions. If you are dissatisfied with the Service or any related terms, condition, rules, policies, guidelines, or practices, your sole and exclusive remedy is to discontinue using the Service and, if you are a Member, to terminate your account.
TERMINATION
ISP reserves the right, in its sole discretion to terminate your account, your password and your use of the Service, with or without notice. You may terminate your account at any time and for any reason by providing notice of intent to terminate to ISP by: (a) telephone calls directed to Customer Service. (b) Registered or certified mail, return requested addressed to ISP.
Email termination of your basic Internet access account will not be accepted. If your account included space on ISP’s servers, anything stored on this space will be deleted upon termination. Section 2, the third paragraph of Section 3, and Sections 5, 6, 7, and 13 of this Agreement shall survive termination of this Agreement.
THIRD PARTY BENEFICIARY
YOU AGREE THAT IN THE INTERGRATED BROADBAND SERVICES, INC. IS A THIRD PARTY BENEFICIARY OF THIS AGREEMENT AND AS SUCH IS ENTITLED TO ALL THE RIGHTS AND PROTECTIONS AFFORDED BY THIS AGREEMENT TO ISP DESCRIBED HEREIN.
MISCELLANEOUS
This Agreement, the Acceptable Use Policy, the Privacy Policy, and ISP’s other user policies posted on ISP’s website constitute the entire agreement between you and ISP with respect to your use of the Service. ISP may revise, amend, or modify this Agreement, the Acceptable Use Policy and any other user policies, at any time and in any manner. Any revision amendment, or modification will be effective immediately after ISP posts it at its websites.
This Agreement is governed by the law of the state of Illinois. The federal and state courts located in the state alone have jurisdiction over all disputes arising out of or related to this Agreement and the Service. You consent to the personal jurisdiction of such courts sitting in said state with the respect to such matters or otherwise between you and ISP, and waive your rights to removal consent to removal.
I5 FIBER CABLEVISION ACCEPTABLE USE POLICY
INTRODUCTION
This Acceptable Use Policy (“AUP”) governs your use of the Internet services (“Service”) provided by us (“ISP”), whether you subscribe to the Service or not and you agree to all terms set forth herein.
Generally, ISP does not monitor or edit the content posted by users of the Service or other Internet services that may be available on or through the Service (e.g.. newsgroups, chat rooms, message boards etc.) However, ISP and its agents reserve the right at their sole discretion to remove any content that, in ISP’s judgment, does not comply with the AUP or is otherwise harmful, objectionable, or inaccurate. ISP is not responsible for any failure or delay in removing such content.
In addition, ISP may cooperate with legal authorities and/or third parties in the investigation of any suspected or alleged crime or civil wrong. Your violation of this AUP may result in suspension or termination of either your access to the Service and/or your ISP account. You agree to indemnify, defend, and hold ISP harmless from any claims resulting from your use of this service, which damages you or another party. At our sole discretion, we may revoke your access for inappropriate usage. Use of any information obtained. Via the Service is at your own risk. ISP is not responsible for the accuracy, quality, or content of information obtained through the Service. This AUP should be read in conjunction with our Internet Service Agreement and other policies.
VIOLATIONS
The following constitute violations of ISP’s AUP:
(A) Using the Service to gain unauthorized access to any computer systems.
(B) Using the Service to transmit any material (by email, uploading, posting or otherwise) that, intentionally or unintentionally, violates any applicable local, state, national or international law, or any rules or regulations promulgated thereunder.
(C) Using the Service to interfere with the access to the internet by other parties or disrupt the network used by ISP.
(D) Using the Service to harm, harass, degrade or intimidate an individual or group of individuals on the basis of religion, gender, race, ethnicity, age, or disability.
(E) Using the Service to transmit any material (by email, uploading, posting, or otherwise) that threatens or encourages bodily harm or destruction of property.
(F) Using the Service to harm, harass, threaten, embarrass, or cause distress, unwanted attention or discomfort on another.
(G) Using the Service to make fraudulent offers to sell or buy products, items, or services or to advance any type of financial scam such as “pyramid schemes,” “ponzi schemes,” and “chain letters.”
(H) Adding, removing or modifying identifying network header information in an effort to deceive or mislead.
(I) Using the Service to transmit any unsolicited commercial email or unsolicited bulk email is prohibited. Activities that have the effect of facilitating unsolicited commercial email is prohibited bulk email, whether or not that email is commercial in nature, is prohibited.
(J) Using the service to access, or to attempt to access, the accounts of others, or to penetrate, or attempt to penetrate, security measures of ISP or another entity’s computer software or hardware, electronic communications system, or telecommunications system whether or not the intrusion results in the corruption or loss of data.
(K) Using the Service to transmit or receive any material (by email, uploading, downloading, posting, or otherwise) that infringes any copyright, trademark, patent, trade secret, or other proprietary rights of any third party, including, but not limited to, the unauthorized copying or copyrighted material, the digitization and distribution of photographs from magazines, books, or other copyrighted sources, and the unauthorized transmittal of copyrighted software.
(L) Using the Service to collect, or attempt to collect, personal information about third parties without their knowledge or consent.
(M) Using the Service to harm minors in anyway.
(N) Reselling the service without ISP’s authorization.
(O) Allowing others who are not members to receive Internet service via wireless network.
REVISIONS BY ISP THIS AUP
ISP reserves the right to revise, amend or modify this AUP, or Internet Service Agreement and our other policies at any manner. Any revision, amendment, or modification will be posted in accordance with the terms of the Internet Service Agreement.
FCC Network Management Practices
- Network Management Practices
The Company manages its network with the goal of providing the best practicable broadband Internet experience to all its customers. Within the scope of its resources, it attempts to deploy and maintain adequate capacity and facilities within its own network, and to acquire enough middle mile capacity or facilities outside its service area to connect with the Internet. The Company and its staff use their best efforts to monitor, address and minimize (but do not guarantee that they can prevent) the effects of spam, viruses, security attacks, network congestion, and other phenomena that can degrade the service of affected customers.
- Congestion Management Practices
Congestion is an Internet access service problem that can slow web browsing, downloading, streaming, and other activities of the customers during certain peak usage periods. Congestion may be caused by capacity limits and bottlenecks in a service provider’s own network, or by limitations in the capacity of the middle mile transport facilities and services that many rural service providers must purchase from unrelated entities to carry the traffic of their customers. If significant congestion problems arise in the future, the Company’s most desired approach is to determine the source of the problem, and to increase the capacity of the affected portions of its network and/or of its middle mile routes where warranted.
- Application-Specific Behavior Practices
The company only limits applications based on industry standard best practices to reduce vulnerability to malicious traffic or attacks. The Company does not normally monitor the contents of the traffic or applications of its customers. It undertakes no obligation to monitor or investigate the lawfulness of the applications used by its customers. If any party contacts the Company with a substantial allegation that an application being used by a customer is unlawful, the Company will investigate the matter (including consultation, as it deems appropriate, with attorneys, consultants, federal or state regulators, and/or federal, state or local law enforcement agencies), and will take appropriate actions to deal with the use of applications that are demonstrated to be unlawful.
The Company only blocks protocols or protocol ports based on industry standard security best practices.
The Company does not rate-control specific protocols or protocol ports.
The Company does not modify protocol fields in ways that are not prescribed by the applicable protocol standards.
- Device Attachment Rules
The Company does not have any approval procedures that must be satisfied before a device can be connected to its network. Customers may use any lawful, compatible, type-accepted (if necessary) and commercially available device which they desire on the Company’s network, if such device does not harm the network.
- Security Practices
The Company does not normally monitor the traffic of its customers. It undertakes no obligation to monitor or protect such customer traffic from spam, viruses, denial-of-service attacks, or other malicious, unlawful or unwanted activities.
The Company recognizes that customers can purchase spam filtering and anti-virus software from commercial vendors to meet their needs.
Customers are free to obtain anti-spam and/or anti-virus software or services from any source they desire, if such software or services do not disrupt or degrade the traffic of other customers of the Company or harm the network.
A customer that is subjected to a denial-of-service attack, or similar malicious, unlawful or unwanted activity, is urged to notify the Company as soon as possible. The Company will work with the customer, other service providers, federal and state regulators, and/or law enforcement to determine the source of such activity, and to take appropriate, and technically and economically reasonable efforts to address the matter.
The Company does not guarantee that it can protect customers from any and/or all security breaches.
- Traffic Blocking
The Company does not block any lawful content, applications, devices, and/or non-harmful devices.
The only potential exceptions where blocking may occur entail the unlawful or harmful circumstances set forth in Sections I.A through I.D above. The Company believes that all such circumstances constitute reasonable network management practices.
The Company does not knowingly and intentionally impair, degrade or delay the traffic on its network to render effectively unusable certain content, applications, services and/or non-harmful devices. However, the Company notes that congestion may from time to time impair, degrade, or delay some traffic.
- Performance Characteristics
Our current Internet services for each of our areas are described at Http://www.mytelstar.com. The Company offers different tiers of service at different prices, and changes these from time to time.
- General Service Description
The company uses a hybrid fiber optic and coaxial network to provide (“Docsis”) broadband service.
The expected access speeds of the network range from 10 Mbps to 1000 Mbps depending on customer premise equipment and the service offering chosen by the subscriber. Actual access speeds and time delays (latency) can also be impacted by the length, capacity and congestion of middle mile transport facilities (between the Company’s service area and Internet nodes) as well as the characteristic of the Company’s own network.
The FCC found on there 8th report, published December 2018, that customers of fixed cable broadband services experience an average latency of 22 to 24 milliseconds, and receive download speeds that are at 110% of advertised speeds during non-peak hours and 107% of speeds advertised during peak hours of the day. Additional information on this study is available at https://www.fcc.gov/reports-research/reports/measuring-broadband-america/measuring-fixed-broadband-eighth-report
Customers may test service speeds using commercial speed tests available online, such as Https://www.Speedtest.net. However, speed tests have biases and flaws, and should be considered only as informational and not a reflection of actual performance.
- Impact of Specialized Services
The company offers VoIP telephone service to its end users. This specialized service has little to no adverse effect to the last-mile capacity available for the Company’s broadband Internet access service.
III. Commercial Terms and Conditions
The commercial terms and conditions of the Company’s broadband Internet access services are contained in greater detail in the Internet Products and Internet Terms portions of this website. This section provides a brief overview or reference to terms and conditions detailed elsewhere, plus discussions of other terms and conditions required by the FCC.
- Pricing Terms and Conditions
The Company offers different tiers and levels of service at different prices, and changes these from time to time. These service tiers and prices are detailed in the service offering portion of this website.
The Company does not impose usage-based fees upon certain tiers or levels of its service.
- No Unreasonable Discrimination
The Company does not unreasonably discriminate in its transmission of traffic over the broadband Internet access services of its customers. It endeavors to give its customers as much choice and control as practicable among its different service offerings and among the content, application and service. When reasonable network management practices entail differential treatment of traffic, the Company does not discriminate among specific uses, or classes of uses, of its network.
The Company does not impair, degrade or delay VoIP applications or services that compete with its VoIP services.
The Company does not use or demand “pay-for-priority” or similar arrangements that directly or indirectly favor some traffic over other traffic. The Company does not prioritize its own content, application, services, or devices, or those of its affiliates.
- Privacy Policies
As indicated above, the Company’s network management practices do not generally entail inspection of network traffic.
The Company retains and stores certain traffic information (such as the identity of the customer using a particular IP address during a specific period) for such time as data is useful for network administration or troubleshooting. Such data, as it is available, is made available to local, state, and Federal law enforcement agencies subject to lawfully presented subpoena or court order.
The Company retains, stores and provides to law enforcement any traffic information requested pursuant to the procedures of the Communications Assistance for Law Enforcement Act (“CALEA”), the Foreign Intelligence Surveillance Act (“FISA”) or other applicable national security or criminal statutes.
The Company does not collect, store or use traffic information to profile its customers in order to sell additional services to them, or for similar non-network management purposes.
The Company’s other privacy policies and procedures are listed under the Privacy link on the home page section of this website.
- Redress Options
Questions and complaints regarding the foregoing matters should be addressed to the Company at (239) 444-8567
The Company strongly desires to resolve questions, complaints and other problems of its customers in an informal and direct manner that satisfies all interested parties to the greatest extent practicable.
Customers that are not able to obtain satisfaction from the Company have the option of invoking the FCC’s informal and formal complaint procedures regarding Open Internet Framework disputes.
SMS policy
- Please note that, subject to end-user opt-in, i5 Fiber will periodically send SMS Payment links receipts and care-related notifications. Msg volume may vary. Reply HELP for help. Reply STOP to unsubscribe. Msg&Data Rates May Apply.
- Before you continue using our website, we advise you to read our privacy policy regarding our user data collection. It will help you better understand our practices.