Effective January 2, 2017
The following policies apply to mass-market broadband Internet services offered by Telephone Electronics Corporation (“TEC”). TEC also offers enterprise level services that can be individually tailored to customer needs. Information on enterprise services can be obtained by contacting Customer Care at 1-800-832-2515. It is TEC’s policy to provide robust and reliable access to the Internet for all of its residential mass-market end users and commercial customers. Because network resources are shared by all users, TEC has implemented the following policies to govern mass-market Internet service. These policies are designed to: (a) ensure that shared network resources are allocated fairly among all users; (b) allow users and prospective users to understand service policies and any significant limitations on the service; and (c) provide a foundation that assures customers that they can rely on consistently receiving the level and quality of service to which they subscribe. TEC does not block access to, nor discriminate against, any legal Web site or Internet application and, with respect to fixed Internet access services, supports the ability of users to select and attach the equipment of their choice to the network so long as that equipment: (a) is used for a lawful purpose consistent with TEC’s Acceptable Use Policy; and (b) does not harm the network or degrade network performance for other users. Customers are encouraged to familiarize themselves with the following policies which are deemed part of their Service Agreement. By using TEC’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.
Acceptable Use Policy
TEC may, but is not required to, monitor your compliance or the compliance of other subscribers, with the terms, conditions, or policies of the Service Agreement and AUP. You acknowledge that TEC shall have the right, but not the obligation, to pre-screen, refuse, move, or remove any content available on the service, including, but not limited to, content that violates the law or this Agreement.
A. General Policy
TEC reserves the sole discretion to deny or restrict your service, or immediately to suspend or terminate your service, if the use of your service by you or anyone using it, violates the Service Agreement or other TEC policies, is used in connection with any unlawful activity or in a manner that annoys, harasses, or threatens other users, interferes with the functioning or use of the Internet or the TEC network by TEC or other users, or that in any way violates the terms of this AUP.
B. Specific Examples of AUP Violations
The following are examples of conduct which may lead to termination of your Service. Without limiting the General Policy in Section A, it is a violation of the Agreement and this AUP to: (a) access without permission or right the accounts or computer systems of others, to spoof the URL, DNS, or IP addresses of TEC or any other entity, to penetrate the security measures of TEC or any other person's computer system, or to attempt any of the foregoing; (b) transmit uninvited communications, data, or information or engage in other similar activities, including without limitation, "spamming", "flaming," or denial-of-service attacks; (c) intercept, interfere with, or redirect e-mail or other transmissions sent by or to others; (d) introduce viruses, worms, harmful code, or Trojan horses on the Internet; (e) post off-topic information on message boards, chat rooms, or social networking sites; (f) engage in conduct that is defamatory, fraudulent, obscene, illegal, or deceptive; (g) violate TEC's or any third-party's copyright, trademark, proprietary, or other intellectual property rights; (h) engage in any conduct harmful to the TEC network, the Internet generally, or other Internet users; (i) use the service to violate any rule, policy, or guideline of TEC; (j) use the service in any fashion for the transmission or dissemination of images containing child pornography or in a manner that is obscene, sexually explicit, cruel, or racist in nature or which espouses, promotes, or incites bigotry, hatred, or racism; (k) knowingly collect or solicit personal information from a minor or use this Service to harm a minor including, but not limited to, using the Service to send pornographic, obscene, or profane materials involving a minor; download or use the Service in Cuba, Iran, North Korea, Sudan, or Syria, or in any destination that is otherwise controlled or embargoed under U.S. law, as modified from time-to-time by the Departments of Treasury and Commerce. Unless otherwise specified in the subscriber's Pricing Plan Agreement, unauthorized uses include, but are not limited to, large file transfers, streaming audio, streaming video, sharing of accounts and/or connections on unlimited usage plans with anyone other than immediate family members in the same dwelling. All unauthorized uses are strictly prohibited. The Service cannot be resold or otherwise made available to anyone on the Premises or outside the Premises (i.e. Wi-Fi, "hotspots", or other methods of networking), directly or indirectly, unless done with TEC’s written approval in accordance with an applicable Service plan. The Service cannot be made available to anyone other than you or your authorized employees or contractors unless done with TEC’s written approval in accordance with an applicable Service plan. The Service cannot be used to send unsolicited bulk or commercial messages or "spam" in violation of the law. The Service cannot be used to run servers unless you have selected a Service plan which includes a static or statically assigned IP address. Reselling Service without express written consent from TEC or offering any information service using such accounts, such as running an e-mail server, Web server, FTP server, or proxy server is also prohibited. Subscribers wanting to provide public or commercial services using the Service must subscribe to TEC Internet for Business services.
C. Copyright Infringement/Repeat Infringer Policy
TEC respects the intellectual property rights of third-parties. Accordingly, you may not store any material or use TEC's systems or servers in any manner that constitutes an infringement of third-party intellectual property rights, including under US copyright law. In accordance with the Digital Millennium Copyright Act (“DMCA”) and other applicable laws, it is the policy of TEC to suspend or terminate, in appropriate circumstances, the service provided to any subscriber or account holder who is deemed to infringe third-party intellectual property rights, including repeat infringers of copyrights. In addition, TEC expressly reserves the right to suspend, terminate, or take other interim action regarding the service of any user or account holder if TEC, in its sole judgment, believes that circumstances relating to an infringement of third-party intellectual property rights warrant such action. For more information, please see TEC’s DMCA policy located at https://www.tec.com/legal.
D. System Performance
TEC provides residential and commercial mass-market customers with a choice of data plans to meet their needs. TEC also provides enterprise level services that are custom tailored to a specific project and individually priced based on the needs and criteria established by the Enterprise customer. TEC offers a variety of mass-market services and typical speed ranges, which can be found at the following locations:
While TEC provisions its network and equipment to ensure that its customers can enjoy the speeds to which they subscribe, Internet speeds generally result from a “best effort” service and are dependent on a number of variables, many of which are outside the control of an Internet Service Provider (“ISP”). Such variables include: the age and processing capability of the user’s terminal device or computer; the number of applications running simultaneously; the presence of viruses or malware; whether the terminal equipment is connected to the network by wire or wireless; the distance the data packets must travel between the user and the Web site; the presence of congestion on and technical configuration of any intervening networks; and any gating or congestion management schemes employed by Web sites to limit download or upload speeds in cases where multiple users are served simultaneously. ISP does not guarantee that a customer will achieve the speeds set forth above at all times. Rather, the foregoing data speeds represent the best information available to TEC of the typical speeds a customer can expect to experience under normal operating conditions.
Speed tests that allow customers to test the upload, download and latency performance of their broadband data services are available free of charge from a number of sources. Generally, these tests are influenced by the same variables that affect Internet speed set forth above. Accordingly, the speed results would not be expected to match a test of TEC’s network conducted under laboratory conditions. Please note, however, that all speed tests use different methodologies to calculate Internet connection speed so each of the tests would be expected to yield different results. Each of these tests should be viewed as a helpful guide rather than as a definitive measurement of performance. The following sites, unaffiliated with TEC, provide speed testing:
E. Network Management
TEC utilizes a fully redundant network architecture that is designed to provide users with true broadband speeds and reliability even during times of peak demand. The network has been constructed to meet projected traffic demands and is fully scalable to allow for capacity to be added to meet customer needs and to support newly developing and increasingly sophisticated applications well into the future. However, congestion can occur on any IP network, and when it does, packets can be delayed or dropped, leading to service degradation and delays. Because network resources are shared by all end users, TEC has implemented a Traffic Management Policy that is designed to ensure that all users are able to utilize their fair share of network resources during periods of high demand.
TEC employs a Protocol Agnostic Congestion Management Policy that does not discriminate against particular applications. Users remain free to access the Web sites of their choice and run the applications of their choice, consistent with the AUP. TEC deploys quality of service and network management servers and software that constantly monitor aggregate network traffic levels. It should be noted that when a user’s traffic is assigned a lower priority status, their data packets will not be delayed or dropped as long as the aggregate traffic on their segment does not exceed provisioned capacity for the segment as a whole. However, in cases where demand exceeds capacity, it is possible that the data traffic of any user could be delayed.
Prioritization of packets can be used for other purposes as well, such as to ensure the reliability of applications that demand real-time or near-real-time communications such as public safety communications and, in the context of mobile data services, E-911 communications. Generally, provisioned data speeds for TEC’s mass-market services are sufficient to support such applications as Voice over IP (VoIP), gaming, web-surfing, or most streaming video. However, because TEC’s residential mass-market broadband service generally does not prioritize such traffic, it is possible that certain applications requiring real-time communications may perform at less than optimal levels, especially during periods of peak network demand.
TEC does take measures to protect its network and ensure that its AUP is enforced. For example, TEC has deployed measures to prevent “spam,” viruses and other malware, and to monitor and prevent denial-of-service attacks. TEC does not generally interfere with or manage the use of specific protocols or ports. However, for overall network security, TEC blocks the following TCP/UDP ports and protocols:
TCP Ports — 135, 137, 138, 139, 445, 593, 4444
UDP Ports — 135, 137, 138, 139, 161, 162, 445, 3544, 8998
Protocols — 41, 43, 44, 53, 55, 58, 59, 60, 77
F. Device Attachment Rules
With respect to fixed broadband services, users may generally attach the devices of their choice and run the applications of their choice, subject to the limitations of their Data Usage Management Plan, the terms of the Internet Usage Service Agreement and this AUP. While many devices such as routers, Bluetooth and Wi-Fi cards, laptops, notebooks and tablets are readily available from third-party sources, other devices, such as DSL modems and proprietary network gateways must be provided by or leased from TEC. Users are advised to contact TEC’s Technical Support at http://www.tec.com/Support before purchasing any third-party equipment to ensure compatibility with the network. TEC is not responsible for the compatibility, suitability, or functionality of any equipment that is provided by the customer or any third-party, and the customer remains fully responsible for insuring that any such equipment does not cause any harm to the network or degrade the service of other users.
All users are fully responsible for securing their equipment, including wireless routers, to prevent unauthorized access to the network by third-parties and will be held fully responsible for the actions of such third-parties that gain unauthorized access to the network through unsecured end user equipment.
Customer may connect up to 5 devices to the internet service and may buy an additional block of 5 connections for $10.00 per month.
Plans and pricing are located at https://www.tec.com.
TEC reserves the right in its sole discretion to deny or restrict customer’s use of the Services, or immediately to suspend or terminate those Services, if the use of the Services by customer or others, in TEC’s sole discretion, violates this Acceptable Use Policy, Terms of Service or any other Service Provider policies, is objectionable or unlawful, or interferes with the functioning or use of the Internet or TEC’s network.
H. Changing or Cancelling Service
If you cancel your service, you must pay for your use of the service up until the date on which you cancelled, including charges for exceeding the data cap that applied to your account, any early termination fees and applicable taxes.
If, during the minimum service term, you decide to change to another TEC service plan (for example, one with different rates or usage allowances) or to add additional services to your plan, TEC has the right to restart the minimum service term from the beginning of the change in plan or addition of service.
Subscribers will not use, or allow others to use, the Service to access the accounts of others, to attempt to penetrate security measures of the Service or other computer systems (“hacking”), or to cause a disruption of the Service to other on-line users. This includes, but is not limited to, achieving, attempting to achieve, or assisting others in achieving or attempting to achieve, any unauthorized access to any computer, cable or telecommunications system, network, software, data, information, or any other proprietary material.
Subscribers also will not use, or allow others to use, tools designed for compromising network security, such as password-guessing programs, cracking tools, packet sniffers, or network probing tools. In addition, Subscribers will not participate in, or allow others to participate in, the collection of e-mail addresses, screen names, or other identifiers of others (without their prior consent), a practice known as spidering or harvesting, or participate in the use of software (including “adware” or “spyware”) designed to facilitate this activity.
TEC does not intend to censor the content of any newsgroups or other communications passing through its systems. We believe such choices should generally be left to the individual subscriber. Software tools are available to screen a subscriber account's access to newsgroups and Web sites that might be considered offensive. It is the subscriber's responsibility to make use of such tools if desired. Newsgroup postings and other e-mail messages sent via the Service and the Internet are communications between the senders and consenting receivers thereof, and TEC has neither the authority nor the responsibility to regulate their content. The views and comments expressed by the senders of such postings or messages are solely those of their authors and do not reflect any review, approval, or endorsement by TEC. TEC will, however, attempt to assist subscribers who continually receive e-mail they deem to be objectionable and/or unsolicited e-mail and who notify TEC of the problem.
Notices from TEC
Subscribers may receive announcements from time-to-time from TEC via e-mail regarding various aspects of the Service, including notices of feature upgrades or changes, Service-affecting issues or events, special offers for Service users from TEC distribution partners or other parties, etc.
Sending mass, unsolicited e-mail is prohibited. TEC Internet Service reserves the right, in TEC’s sole discretion, to determine whether such e-mail constitutes unsolicited messages or transmission. Sending unsolicited e-mail advertising a service or Web site, newsgroup, etc., located or hosted within the Service domain space or address space, or service otherwise associated with the Service is also prohibited regardless of e-mail point of origin.
Additionally, using a TEC Internet Service e-mail address or Web site address to collect responses from unsolicited e-mail is prohibited.
Subscribers are prohibited from engaging in the following activities while using the Service:
- Intercepting, redirecting, or otherwise interfering or attempting to interfere with e-mail intended for other parties;
- Forging headers or identifiers in order to disguise the origin of e-mail;
- Mailing or sending files that contain copyrighted, commercial software or other material protected by intellectual property laws (or by rights of privacy or publicity) unless the user owns or controls the rights thereto or has received all necessary consents;
- Knowingly deleting any author attributions, legal notices, or proprietary designations or labels in a file that the user mails or sends;
- Publishing, posting, distributing, or disseminating defamatory, infringing, obscene, or other unlawful material or information;
- Using the Service or systems to threaten, harass, stalk, abuse, or otherwise violate the legal rights (including rights of privacy and publicity) of others;
- Advertising, transmitting, or otherwise making available any software, program, product, or service that is designed to violate this AUP or the AUP of any other Internet Service Provider, including, but not limited to, the facilitation of the means to “spam”; or
- Harvesting or collecting information on others including e-mail addresses.
L. "Spam" Damages
TEC Internet Service may immediately terminate any account which it determines, in its sole discretion, is transmitting or is otherwise connected with any “spam” or other unsolicited bulk e-mail.
Subscribers may not, through action or inaction, allow the transmission of files that contain a virus or corrupted data. In order to protect our subscribers and our network, TEC may suspend and/or cancel a subscriber’s account if we believe that it is transmitting a virus to other Internet users or our network.
N. Other Service Providers' Acceptable Use Policies
TEC obtains services from and relies upon many other entities to provide the Service to Subscribers. Where Subscribers access services of other entities through the Service, Subscriber agrees to and shall abide by the publicized acceptable use policies of such other known entities.
O. Revisions to Policy
TEC reserves the right to update or modify this Policy at any time, with or without prior notice. Continued use of the Service will be deemed acknowledgment and acceptance of this Policy. Notice of modifications to this Policy may be given by posting such changes to TEC's homepage www.tec.com, by electronic mail, or by conventional mail, and will be effective immediately upon posting or sending. Subscribers should regularly visit TEC's Web site and review this Policy to ensure that their activities conform to the most recent version. In the event of a conflict between any subscriber or customer agreement and this AUP, the terms of the AUP will govern. Questions regarding this AUP should be directed to firstname.lastname@example.org. Complaints of violations by TEC customers can be directed to email@example.com.
Subscribers will not use, or allow others to use, the Service to violate any applicable federal, state, local, or international laws or regulations or to promote illegal activity, including, but not limited to, the Children’s Online Privacy Protection Act, posting or transmitting child pornography or obscene material, gambling, the offering for sale of illegal weapons or substances, the promotion or publication of any material that may violate hate crime laws, or by exporting software or technical information in violation of U.S. export control laws. Subscribers also will not use, or allow others to use, the Service to commit a crime, act of terrorism or fraud, or to plan, encourage or help others to commit a crime or fraud, including but not limited to, acts of terrorism, engaging in a pyramid or Ponzi scheme, or sending chain letters that request money or other items of value. Subscribers are also prohibited from engaging in any other behavior as reasonably determined by TEC to be unacceptable. This includes any behavior deemed unacceptable by other ISPs, behavior which is in violation of generally acceptable "Netiquette" practices, behavior which causes TEC or the Service to be viewed unfavorably by others, or other behavior which may cause the Service to be adversely affected via e-mail or news blocking, or which may cause TEC to appear on detrimental lists for “spamming,” etc.
TEC is committed to protecting the privacy of your information that it collects. We collect information required to bill your account, provide you service and monitor the performance of our systems. We do not disclose any of your personally identifiable information, such as, but not limited to, financial information, health information, Social Security numbers, precise geo-location information, information pertaining to children, content of communications, web browsing history, application usage history, e-mail name, e-mail messages, billing address, or the functional equivalents of web browsing history or application usage history to any third-parties, except as required to provide you service and by legal or law enforcement directives.
TEC may use your information to inform you of new products, service changes and other information related to service offered by the Company. Information such as call records, Web sites visited, application and feature usage, network traffic data, service options you choose and other similar information may be used for billing purposes, to deliver and maintain products and services, or to help you with service-related issues or questions. In addition, subject to any legal restrictions that may apply, this information may be used for other purposes such as providing you with information about product or service enhancements, determining your eligibility for new products and services and marketing to you based on your use of your products and services. This information may also be used to (a) manage and protect our networks, services and users from fraudulent, abusive, or unlawful uses, and (b) subject to consent practices described in this policy, help us improve our services, research and develop new products and offer promotions and other services. This type of information may be aggregated for business and marketing uses by us or by third-parties.
If you subscribe to TEC Internet access services, we may automatically measure and monitor network performance and the performance of your Internet connection to improve your, or our, overall service levels. If you contact us for service support, we also may access information about your computer, wireless, or other device settings to provide customized technical support, or to install specific applications or services that are necessary to the applications or services you use.
TEC will not gather information from your use of our Internet access services to direct customized advertising specifically to you based on your visits over time and across different non-TEC Web sites unless we first provide you with notice of our plan and obtain your affirmative consent.
A. Information Provided to Us by Third-Parties
When you purchase products or apply for service with us, we may obtain credit information about you from outside credit reporting agencies to help us with customer authentication and credit-related decisions.
TEC obtains information from outside companies that collect consumer information such as demographic and interest data. We use this data and combine it with other information we have about you to help us predict customer preferences and to direct marketing offers that might be more relevant to you.
We may also obtain contact information and other marketing lead information from third-parties, and may combine it with information we have to contact you or direct TEC's marketing offers to you.
A cookie is a small data string that is written on your computer hard drive by a web server (a web server is the computer that hosts a Web site and responds to requests received from your computer.) Cookies can play an important role in providing a good customer experience using the web, such as enabling a Web site to maintain information when a user's web browser requests a series of web pages.
You can manage cookies by using features and functions available on most Internet browsers. For example, most browsers will allow you to choose what cookies can be placed on your computer and to delete or disable cookies. You can find instructions for managing cookie controls on Web sites for particular browsers. Please note that disabling cookies may prevent you from using specific features on our sites and other Web sites, such as ordering products or services and maintaining an online account.
Cookies associated with your Flash Player may be removed by managing your settings with Adobe by visiting http://www.adobe.com/products/flashplayer/security/.
C. Web Beacons
TEC and third-party advertisers may use web beacons. Some TEC Web sites contain web beacons in the form of clear .gif files, which are electronic images that allow for the collection of information about your interactions on our sites. Web beacons may be used to place advertisements, to understand Web site traffic patterns and the number of visitors to our Web site, and to measure the effectiveness of advertisements or e-mail advertising messages.
CUSTOMER USAGE AGREEMENT
A. Agreement Governing Use of Service
These TEC Terms, any Wi-Fi Plan you have agreed to and the Policies, including any TEC materials you received in connection with your account (together, the “Agreement”), govern the use of the Service. If the Service, in whole or in part, is subject to any tariffs filed by TEC (“Tariffs”), then you further agree that such Service will also be governed by the terms of any such Tariffs, which Tariffs are incorporated in this Agreement by reference. In the event of a direct inconsistency, except as otherwise expressly stated in any of the foregoing, the Agreement will control. You do not have the authority to vary, alter, or amend any of the provisions of this Agreement. The provisions of this Agreement will control over any statement appearing as a restrictive endorsement or other language which purports to modify a right, obligation or liability of either party on any document you may send to TEC. Read below for terms that specifically apply to certain services or plans that you choose. As these provisions of the Agreement may be updated from time-to-time, you agree to regularly check your postal mail, e-mail and all postings on the TEC Web site at www.TEC.com or on another Web site about which you have been notified and bear the risk of failing to do so. You agree TEC may change the provisions of the Agreement from time-to-time, and agree that electronic notices to you will be considered given and effective on the date posted to the “Service Announcements” section of TEC’s Web site (currently located at https://www.TEC.com). Such changes will become binding on the date posted to the TEC Web site and no further notice by TEC is required.
B. Acceptance of Agreement by Use / Activation
You acknowledge that you have read, understood and agree to each of the provisions of the Agreement. You also represent and warrant that you are of legal age and authorized to enter the Agreement and to accept and agree to become bound by the terms of the Agreement. The Agreement applies to you and to anyone who uses the Service. By (a) initiating, activating, or using the Service, and/or (b) providing or authorizing a written or electronic signature or otherwise so indicating electronically, you will have been deemed to have accepted the current version of the provisions of the Agreement (i.e., any Wi-Fi Plan, any applicable Tariffs, and the Policies), or ratified any previous consent to the same. If you do not agree to the terms of the Agreement, you may not use the Service.
C. Changes to the Agreement or Charges
We may change or increase any applicable charges for the Service or any other charges at any time. However, if we (a) increase the charges for a Service and you would normally be charged a termination or other fee to cancel that Service, or (b) we modify a material term of our Agreement with you and the modification would be materially adverse to you, we will notify you of the increase or modification (as provided in Section P) and you can cancel the affected Service without paying the termination or other fee (which is your only remedy) by following the cancellation instructions in the notice. If you do not cancel the Service by following the instructions in the notice, then you agree to the increase or modification, even if you paid for Service in advance.
D. Service Availability; Required Device
An 802.11b-compatible computer, card and/or device (collectively, the "Device") is required to enable the Service to operate. Other requirements to enable use of the Service may be posted on TEC’s Web site (currently located at http://www.TEC.com). You are responsible for supplying and ensuring that your Device is compatible with the Service and meets federal and other applicable standards. The availability and performance of the Service is subject to all memory, storage and other limitations in the Device. Service is available to your Device only when it is within the operating range of the TEC Wi-Fi network. Service access location lists and/or maps may be updated from time-to-time; actual Service coverage, locations and quality may vary. The Service is subject to unavailability, including unavailability due to emergencies, collocation failures, transmission and equipment limitations, or maintenance and repair, and may be interrupted, refused, limited, or curtailed. We are not responsible for data, messages, or pages that you may lose or that become misdirected because of interruptions or performance issues with the Service or wireless communications networks more generally. We may impose usage or Service limits, suspend access to the Service, or block certain kinds of usage in our sole discretion to protect users or our business. Network speed is no indication of the speed at which your Device or the Service sends or receives data. Actual network speed will vary based on Device configuration, compression and network congestion. The accuracy and timeliness of data received is not guaranteed; delays or omissions may occur.
E. Intended Use of Service: Prohibited Uses
Unless otherwise authorized by us in writing, you may only use a single user account solely for your use of the Service through one unit per login session. You may not reproduce, duplicate, copy, sell, provision, resell, rent, lend, pledge, directly or indirectly transfer, distribute, or exploit any portion of the Service without TEC’s prior written consent. You will not use the Service in a manner prohibited by any federal, state, or local law or regulation, and will abide by TEC’s Policies, which set forth additional rules that govern your activity in connection with the Service. Without limiting the foregoing, you may not use the Service, or allow the Service to be used, for any abusive purpose, or in any way that damages TEC’s property or interferes with or disrupts TEC’s network or other users or subscribers. You agree not to share your IP address or Internet connection with anyone. You may connect up to 5 devices, but additional devices will require additional charges and may also require an upgrade in your service plan to accommodate these devices. You agree that sharing the Service with another party breaches the Agreement and may constitute fraud or theft, for which TEC, its affiliates and their agents reserve all rights and remedies. You have no proprietary or ownership rights to a specific IP or other address, log-in name, or password that you use on our network. We may change your address, log-in name, or password at any time. We will assign you an IP address each time you access the Service, and it will vary. You shall not program any other IP address into your Device or any other equipment. You may not assign your log-in name, password, or IP address to any other person, Device, or other equipment. You agree that we may access your unit and information stored on it (such as drivers, software, etc.) to troubleshoot issues related to the unit or network; enable, operate and update the Service and software; investigate activity that may be in violation of this Agreement; and/or to comply with law. In addition, you agree not to use or attempt to use the Service, the TEC network or Web site, or your Device for any fraudulent, unlawful, harassing, or abusive purpose, or so as to damage or cause risk to our business, reputation, employees, subscribers, facilities, or to any person. Improper uses include, but are not limited to: (a) violating any applicable law or regulation; (b) posting or transmitting content you do not have the right to post or transmit; (c) posting or transmitting content that infringes a third-party's trademark, patent, trade secret, copyright, publicity, privacy, or other right; (d) posting or transmitting content that is unlawful, stalking, harassing, libelous, defamatory, abusive, torturous, threatening, obscene, hateful, abusive, or harmful; (e) attempting to intercept information about third-parties without their knowledge or consent; (f) deleting, tampering with, or revising any material posted by any other person or entity without their consent; (g) accessing, tampering with, or using nonpublic areas of the Service or any TEC Web site or TEC’s computer systems and network; (h) attempting to probe, scan, or test the vulnerability of a system or network or to breach security or authentication measures; (i) attempting to access or search the Service or any TEC network or Web site with any engine, software, tool, agent, device, or mechanism other than the software and/or search agents provided by us or other generally available third-party web browser; (j) sending or attempting to send unsolicited messages, including without limitation, promotions or advertisements for products or services, "pyramid schemes", "spam", "chain mail," or "junk mail;" (k) using or attempting to use the Service or any TEC Web site to send altered, deceptive, or false source-identifying information; (l) attempting to decipher, decompile, disassemble, or reverse engineer any of the software comprising, or in any way making up, a part of the Service or any TEC Web site; (m) interfering or attempting to interfere with the access of any user, host or network, including without limitation, sending a "virus" to the Service or any TEC Web site, overloading, "flooding," "spamming," "crashing," or "mail bombing" the Service or any TEC Web site; and/or (n) impersonating or misrepresenting your affiliation with any person or entity. You will defend, indemnify and hold TEC, its affiliates and their agents harmless against any and all claims, losses, or liability arising under this Section E. The foregoing sentence will survive termination or expiration of the Agreement for any reason. If we suspect violations of any of the above, we may: a) institute legal action, b) immediately, without prior notice to you, terminate the Agreement and the Service, c) terminate any other TEC agreements between you and us, as well as the TEC service provided under those agreements, and d) cooperate with law enforcement authorities in bringing legal proceedings against violators. You agree to reasonably cooperate with us in investigating suspected violations. TEC reserves the right to install, manage and operate one or more software, monitoring, or other solutions designed to assist us in identifying and/or tracking activities that we consider to be illegal or violations of these Terms, including but not limited to, any of the activities described in this Section E. We may, but are not obligated to, in our sole discretion and without notice, remove, block, filter, or restrict by any means, any materials or information (including but not limited to e-mails) that we consider to be actual or potential violations of the restrictions set forth in these Terms, including but not limited to, those activities described in this Section E and any other activities that may subject TEC or its customers to liability. TEC, its affiliates and their agents disclaim any and all liability for any failure on its part to prevent such materials or information from being transmitted over the Service and/or into your Device.
F. Content Disclaimer: Cautions and Restrictions
G. Term; Termination of Service
See Master Service Agreement found at https://www.tec.com/legal/master-service-agreement.
H. Loss of Service Due to Power Failure
You acknowledge that the Service does not function in the event of power failure. A power failure or disruption may require you to reset or reconfigure your Device prior to utilizing or reutilizing the Service.
I. Service Distinctions
You acknowledge and agree that the Service is not a telephone service. Important distinctions exist between telephone service and the Service offering provided by TEC. The Service is subject to different regulatory treatment than telephone service. This treatment may limit or otherwise affect your rights of redress before federal, state, or local telecommunications regulatory agencies.
J. Back Up
You acknowledge that you are solely responsible for backing up all computer files by copying them to another storage medium. Neither TEC, its affiliates, nor their agents will be liable for any loss of data or damage to hardware, software, or files, including any Device.
K. Copyright / Trademark / Firmware / Software
The Service and any firmware or software used to provide the Service, or used in connection with the Service, and all Service information, documents and materials delivered to you by TEC or located on TEC’s Web site are protected by trademark, copyright and other intellectual property laws and international treaties. All names, service marks, trademarks, trade names, logos and domain names (collectively “Marks”) of TEC are and will remain the exclusive property of TEC and nothing in the Agreement grants you the right or license to use any of such Marks. You acknowledge that you are not given any license to use any firmware or software under this Agreement. You represent and warrant that you possess all required rights, including software and/or firmware licenses, to use that equipment with the Service, including the Device, and you agree to defend, indemnify and hold TEC, its affiliates and their agents harmless against any and all claims, losses, or liability arising out of your use of such equipment, including the Device, with the Service. The foregoing sentence will survive termination or expiration of the Agreement for any reason. You agree not to reverse compile, disassemble, reverse engineer, or otherwise attempt to derive the source code from the binary code of any firmware or software used to provide the Service or used in connection with the Service.
L. Credit Reporting Agencies
You authorize us to ask consumer reporting agencies or trade references to furnish us with employment and credit information, and you consent to our rechecking and reporting personal and/or business payment and credit history, as well as to enter this information in your file and disclose this information concerning you to appropriate third-parties for reasonable business purposes. Upon receipt of adverse credit information about you at any time, TEC reserves the right to suspend or terminate Service to you or require a deposit for Service, at our option.
M. Termination / Discontinuance of Service
TEC reserves the right to suspend or discontinue providing the Service generally, or to terminate your Service, either in whole or in part, at any time. If TEC discontinues providing the Service generally, or terminates your Service in its discretion without a stated reason, you will only be responsible for charges accrued through the date of termination, including a pro-rated portion of any unused charges.
N. Default; Termination
You will be in default under the Agreement if you do not pay any sum when due, breach the Agreement or any other agreement between you and us, become the subject of any proceeding under the Bankruptcy Code, or become insolvent. In any such case, you shall remain responsible for payment of all charges and fees (including any early termination fee) due under the Agreement (including charges incurred after a bankruptcy filing), which charges will be immediately due and payable. We have the right to discontinue Service and/or terminate the Agreement without prior notice if you default under the Agreement. If we agree to renew Service to you after discontinuing Service, you agree to pay any applicable reactivation charges. Our remedies hereunder are not exclusive, but are in addition to all other remedies provided by law or equity.
O. Complaint Resolution / Notices
In order to resolve a complaint regarding the Service or to receive further information regarding the use of the Service, please contact TEC Customer Care as set forth at www.TEC.com. Written notices to you will be effective three (3) days following the date deposited in the U.S. Mail using your physical address as kept in our files. You are responsible for notifying us of any changes in your address. Written notice to TEC will be effective when directed to TEC’s Customer Care Department and received at the address set forth at www.TEC.com. Notices must be in writing to be effective. Notices sent via e-mail will constitute written notice and will be sent to the e-mail address stated in the Order Form.
Subject to applicable law, TEC may, in its sole discretion, amend any part of the Service or provision of the Agreement. TEC will provide notice to you of any material modification. Such notice will be effective by posting it on the TEC Web site at www.TEC.com, on another Web site about which you have been notified, or by sending notice via e-mail, first class U.S. postal mail, or overnight mail to your physical address of record or the e-mail address on TEC’s account records. You agree that any one of the foregoing will constitute sufficient notice. If you do not agree to a modification that is materially disadvantageous to you, you may terminate the Agreement within twenty (20) days of the date we send our notice. If you use the Service or make any payment to us after TEC provides notice of a material modification as specified above, and you do not provide termination notice to us within the specified time period, you agree to that change, retroactive to the announced effective date of the modification. Without limiting the foregoing, TEC may revise any Policy at any time, and such revisions will be effective immediately upon posting on TEC’s Web site or providing written notice, whether electronic or otherwise, to you.
Q. DISCLAIMER OF WARRANTIES AND DAMAGES
NOTWITHSTANDING ANYTHING ELSE IN THIS AGREEMENT, TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, THE SERVICE IS PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS. TEC DISCLAIMS AND MAKES NO REPRESENTATIONS OR WARRANTIES AND THERE ARE NO CONDITIONS OF ANY KIND, EITHER EXPRESS, IMPLIED OR STATUTORY, INCLUDING, BUT NOT LIMITED TO, ANY WARRANTIES OF NON-INTERFERENCE, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE OR USE, SECURITY, VIRUSES, OR ARISING FROM THE COURSE OF DEALING OR USAGE OF TRADE. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, TEC ALSO DISCLAIMS ANY COMMON-LAW DUTIES RELATING TO ACCURACY OR LACK OF NEGLIGENCE. IN ADDITION, THERE IS NO WARRANTY OF TITLE AGAINST INTERFERENCE WITH YOUR ENJOYMENT OF THE SERVICE OR AGAINST INFRINGEMENT. YOU ASSUME ALL RESPONSIBILITY AND RISK FOR USE OF THE SERVICE. WE DO NOT AUTHORIZE ANYONE TO MAKE A WARRANTY OF ANY KIND ON OUR BEHALF AND YOU SHOULD NOT RELY ON ANY SUCH STATEMENT. ANY STATEMENTS MADE IN ANY PACKAGING, MANUALS, OR OTHER DOCUMENTS, WRITTEN OR ELECTRONIC, OR BY ANY TEC EMPLOYEES, REPRESENTATIVES, OR AGENTS, ARE PROVIDED FOR INFORMATIONAL PURPOSES ONLY AND NOT AS REPRESENTATIONS OR WARRANTIES OF ANY KIND BY TEC. NEITHER TEC NOR IT AFFILIATES, THEIR AGENTS, OR SUPPLIERS WARRANT THAT THE SERVICE WILL BE UNINTERRUPTED, ERROR-FREE OR FREE FROM SERVICE DEGRADATION, OR THAT ANY INFORMATION, SOFTWARE, OR OTHER MATERIAL ACCESSIBLE ON THE SERVICE ARE FREE FROM VIRUSES, WORMS, TROJAN HORSES, OR OTHER CODE THAT MANIFESTS CONTAMINATING, INTERFERING, OR DESTRUCTIVE PROPERTIES. WITHOUT LIMITING THE FOREGOING, THE QUALITY OF THE SERVICE MAY BE AFFECTED BY CONDITIONS WITHIN OR BEYOND OUR CONTROL, INCLUDING ATMOSPHERIC, GEOGRAPHIC, OR TOPOGRAPHIC CONDITIONS; OVERALL NETWORK USAGE LEVELS; NETWORK SIGNAL QUALITY; USER AND THIRD-PARTY EQUIPMENT PERFORMANCE, INCLUDING THE DEVICE, INTERNET TRAFFIC LEVELS AND OTHER FACTORS. WITHOUT LIMITING THE FOREGOING, TEC WILL NOT BE RESPONSIBLE FOR ANY DELAY OR FAILURE IN PERFORMANCE DUE TO EVENTS OUTSIDE TEC’S REASONABLE CONTROL, INCLUDING WITHOUT LIMITATION, ANY FLOOD; FIRE; ACCIDENT; EMBARGO OR OTHER GOVERNMENTAL ACT OR DIRECTIVE; ABSENCE OF GOVERNMENTAL APPROVAL OR CONSENT; MATERIAL CHANGES IN APPLICABLE LAW OR REGULATION; DECREE OF ANY COURT; DELAY OR DEFECT IN DELIVERY BY SUPPLIERS; TRANSPORTATION DELAY OR UNAVAILABILITY; RIOT, WAR, ACT OF TERRORISM OR OF THE PUBLIC ENEMY; POWER OUTAGE; LABOR DISPUTE OR SHORTAGE; THIRD-PARTY NETWORK PROBLEMS; ACTS OR OMISSIONS OF UNDERLYING CARRIERS OR OTHER THIRD-PARTIES; OR ACTS OF GOD. SERVICE IS ONLY AVAILABLE WITHIN THE COVERAGE AREA OF THE TEC NETWORK, WHICH IS SUBJECT TO CHANGE. YOU ACKNOWLEDGE THAT SERVICE MAY BE TEMPORARILY UNAVAILABLE FOR SCHEDULED OR UNSCHEDULED MAINTENANCE, EQUIPMENT MODIFICATIONS OR UPGRADES AND FOR OTHER REASONS WITHIN AND WITHOUT THE DIRECT CONTROL OF TEC. YOU ARE RESPONSIBLE FOR IMPLEMENTING SUFFICIENT PROCEDURES TO SATISFY YOUR PARTICULAR REQUIREMENTS FOR THE ACCURACY OF DATA INPUT AND OUTPUT AND FOR MAINTAINING A MEANS EXTERNAL TO THE SERVICE FOR THE RECONSTRUCTION OF ANY LOST DATA OR FILES. TEC CANNOT AND DOES NOT GUARANTEE THE SECURITY OR INTEGRITY OF DATA TRANSMISSION OR STORAGE, PRIVACY, OR THAT VIRUSES, WORMS, TROJAN HORSES, OR OTHER CODE THAT MANIFESTS CONTAMINATING OR DESTRUCTIVE PROPERTIES WILL BE DETECTED OR REMEDIATED BY THE SERVICE.
R. LIMITATION OF LIABILITY
NOTWITHSTANDING ANYTHING ELSE IN THIS AGREEMENT, TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, NEITHER TEC NOR ITS AFFILIATES, THEIR AGENTS, OR SUPPLIERS WILL BE LIABLE OR OBLIGATED UNDER ANY SECTION OF THIS AGREEMENT OR UNDER ANY THEORY, WHETHER CONTRACT, TORT, NEGLIGENCE, PRIVACY, SECURITY, STRICT OR PRODUCT LIABILITY, OR OTHER LEGAL OR EQUITABLE THEORY (a) FOR ANY FEES PAID TO TEC HEREUNDER DURING THE ONE (1) MONTH PERIOD IMMEDIATELY PRECEDING THE OCCURRENCE GIVING RISE TO LIABILITY; (b) FOR ANY COST OF PROCUREMENT OF SUBSTITUTE GOODS, TECHNOLOGY, SERVICES, PRODUCTS, OR RIGHTS; (c) FOR ANY LOSS OR CORRUPTION OF DATA, DELAYED OR INTERRUPTED USE OF THE SERVICE, OR ACCESS TO THE INTERNET; (d) FOR ANY INDIRECT, SPECIAL, INCIDENTAL, PUNITIVE OR CONSEQUENTIAL DAMAGES, OR LOST PROFITS, OR (e) FOR ANY LACK OR BREACHES OF SECURITY OF THE SERVICE OR IN THE STORAGE OR INTEGRITY OF YOUR DATA OR ANY USER’S DATA. THESE EXCLUSIONS AND LIMITATIONS APPLY WHETHER THE CLAIM IS BASED ON BREACH OF CONTRACT, TORT, BREACH OF WARRANTY, NEGLIGENCE, PRODUCT LIABILITY, OR ANY OTHER BASIS, AND APPLY WHETHER OR NOT TEC WAS INFORMED OF THE LIKELIHOOD OF ANY PARTICULAR TYPE OF DAMAGES. IN ADDITION, THESE EXCLUSIONS AND LIMITATIONS WILL APPLY EVEN IF ANY REMEDY FAILS OF ITS ESSENTIAL PURPOSE. IF YOU ARE DISSATISFIED WITH THE SERVICE OR IF YOU HAVE ANY OTHER DISPUTE WITH TEC OR CLAIM AGAINST TEC, THEN, TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, YOUR SOLE AND EXCLUSIVE REMEDY IS TO DISCONTINUE USING THE SERVICE; ANY LIABILITY WILL BE LIMITED TO THE RECOVERY OF YOUR DIRECT DAMAGES INCURRED IN REASONABLE RELIANCE, LIMITED TO THE AMOUNT AND EXCLUSIONS SET FORTH HEREIN.
You will defend, indemnify and hold TEC, its affiliates and their directors, officers, employees, agents, shareholders and any other service provider or supplier (collectively, the “TEC Parties”) harmless against any and all claims, losses, damages and liabilities sustained by the TEC Parties resulting from, arising out of the Agreement, the Service, any breach or nonfulfillment of any representation, warranty, or covenant by you set forth in the Agreement, or from your use or misuse of the Service.
T. Assignment and Successors in Interest
All of the provisions of the Agreement will be binding upon, inure to the benefit of and be enforceable by your respective successors and permitted assigns. Except as specifically stated herein, neither the Agreement nor any of your or TEC’s rights, interests, or obligations may be assigned or delegated by you without the prior written consent of TEC. Any unauthorized assignment or delegation will be null and void. Notwithstanding the foregoing, TEC may assign or otherwise transfer its rights and obligations under the Agreement without restriction.
U. Signing Authority; Authorized User
You acknowledge that you are of legal age, have received a copy of the Agreement, have read and clearly understand the terms of the Agreement and, if activating on behalf of a corporation or other entity, are fully authorized to legally bind such entity. You acknowledge that you are responsible for all charges incurred by any person you authorize to access your account, or to use your Device or the Service.
V. Entire Agreement / Severability
This Agreement, including the Terms, any Wi-Fi Plan, applicable Tariffs and the Policies (each as they may be amended from time-to-time), together contain the entire agreement and understanding concerning the Service and supersede all prior negotiations, proposed agreements and all other agreements, whether electronic, written, or oral. In the event that it is determined by a court of competent jurisdiction as a part of a final non-appealable judgment that any provision of the Agreement (or part thereof) is invalid, illegal, or otherwise unenforceable, such provision will be enforced as nearly as possible in accordance with the stated intention of the parties, while the remainder of the Agreement will remain in full force and effect.
W. ARBITRATION; CHOICE OF LAW; STATUTE OF LIMITATIONS; JURY WAIVER
THIS AGREEMENT WILL BE GOVERNED BY AND CONSTRUED UNDER THE LAWS OF THE STATE OF MISSISSIPPI WITHOUT REGARD TO CHOICE OF LAW PRINCIPLES. ALL DISPUTES ARISING UNDER THIS AGREEMENT (OTHER THAN YOUR FAILURE TO MAKE PAYMENTS IN ACCORDANCE WITH THE AGREEMENT AND ANY ACTION TO COLLECT AMOUNTS DUE TO TEC UNDER THIS AGREEMENT, WHICH MAY BE BROUGHT IN ANY COURT OF COMPETENT JURISDICTION) WILL BE SETTLED EXCLUSIVELY BY BINDING ARBITRATION USING THE COMMERCIAL RULES OF THE AMERICAN ARBITRATION ASSOCIATION (“AAA”) THEN IN EFFECT. THE SOLE PLACE FOR ARBITRATION WILL BE HINDS COUNTY, MISSISSIPPI, UNLESS THAT LOCATION IS PROHIBITED BY LAW, IN WHICH CASE THE ARBITRATOR WILL SELECT THE LOCATION OF THE ARBITRATION. ONE (1) ARBITRATOR SELECTED IN ACCORDANCE WITH THE AAA RULES WHO HAS EXPERTISE IN THE SUBJECT MATTER HEREOF WILL CONDUCT THE ARBITRATION. THE DECISIONS OF THE ARBITRATOR WILL BE BINDING AND CONCLUSIVE UPON ALL PARTIES INVOLVED AND JUDGMENT UPON ANY AWARD OF THE ARBITRATOR MAY BE ENTERED BY ANY COURT HAVING COMPETENT JURISDICTION. THIS PROVISION WILL BE SPECIFICALLY ENFORCEABLE IN ANY COURT OF COMPETENT JURISDICTION. UNLESS OTHERWISE REQUIRED BY LAW, YOU AND TEC WILL EACH BEAR THEIR OWN EXPENSES, INCLUDING ATTORNEYS’ FEES, EXCEPT THAT PAYMENT OF THE FEES AND EXPENSES OF THE ARBITRATOR WILL BE GOVERNED BY THE RULES OF THE AAA. THIS DUTY TO ARBITRATE WILL SURVIVE THE TERMINATION OR EXPIRATION OF THIS AGREEMENT FOR ANY REASON. ALL CLAIMS WILL BE ARBITRATED INDIVIDUALLY AND THERE WILL BE NO RIGHT OR BASIS FOR CONSOLIDATION, CLASS TREATMENT, OR CLAIMS BROUGHT IN A REPRESENTATIVE CAPACITY (SUCH AS A PRIVATE ATTORNEY GENERAL) OF ANY CLAIM UNLESS PREVIOUSLY AGREED TO IN WRITING BY TEC. THE ARBITRATOR WILL NOT HAVE ANY AUTHORITY TO AWARD ANY SPECIAL OR PUNITIVE DAMAGES OR ANY OTHER DAMAGES EXCEPT AS PERMITTED BY THE AGREEMENT. YOU WAIVE ANY RIGHT TO TRIAL BY JURY OF ANY CLAIMS OR DISPUTES RELATING TO THIS AGREEMENT OR THE SERVICE. YOU WAIVE ANY RIGHT TO PARTICIPATE AS A PLAINTIFF OR CLASS MEMBER IN ANY CLAIM ON A CLASS OR CONSOLIDATED BASIS, OR IN A REPRESENTATIVE CAPACITY. YOU AND TEC AGREE THAT ANY CLAIM ARISING OUT OF OR RELATED TO THE SERVICE OR THE AGREEMENT MUST BE COMMENCED WITHIN TWO (2) YEARS AFTER THE CLAIM ARISES, OR THE CLAIM WILL BE PERMANENTLY BARRED. NOTHING IN THE AGREEMENT WILL PREVENT TEC FROM SEEKING CONSERVATORY, PROTECTIVE, OR INJUNCTIVE RELIEF WITH RESPECT TO A VIOLATION OF ITS INTELLECTUAL PROPERTY RIGHTS IN ANY COURT OF COMPETENT JURISDICTION PENDING THE OUTCOME OF THE ARBITRATION, OR ENFORCEMENT OR RECOGNITION OF ANY AWARD OR ORDER IN ANY COURT OF COMPETENT JURISDICTION.