Network Management Policy
LigTel Communications, Inc. (“Ligtel”) provides this disclosure in its good faith effort to comply with the requirement of the Federal Communications Commission (“FCC”) regarding the open and non-discriminatory use of the Internet by its customers and the use of reasonable network management practices to ensure an open Internet. As such, Ligtel will, in good faith, manage its network and provide access in accordance with the FCC’s Open Internet Rules and will comply, in good faith, with any future rules adopted by the FCC.
Ligtel reserves the right to update and modify these policies and our terms and conditions as well as our network management practices from time to time. Thus, we encourage you to visit our website periodically to review our practices.
Ligtel shall make available public information on its website (www.ligtel.com) regarding its network management practices, performance and commercial terms of its service sufficient for consumers to make an informed choice regarding their use of such services.
Ligtel will not unjustly or unreasonably prevent or interfere with competition among Content, Applications, Service, or Device Providers.
Network Management and Security
Ligtel manages it network without regard to the specific type of network traffic, application or end user. Ligtel does not block or rate-control specific protocols or ports. Additionally, Ligtel does not inhibit or favor certain application or classes of applications.
Ligtel uses generally accepted technical measures to provide acceptable service levels to all customers, such as application-neutral bandwidth allocation, as well as measures to address service attacks, illegal content and other harmful activities to protect network integrity and reliability.
Ligtel monitors overall usage to efficiently manage the capacity of our network to ensure a sustainable quality broadband service is provided to all of our customers. Ligtel maintains the ability to implement reasonable practices to ensure network security and integrity, including by addressing traffic that is harmful to the network or traffic that is unwanted by the end users of our Internet service. Our discussion above of our network monitoring efforts is one such example.
Should congestion due to malfunctioning hardware and/or software occur, Ligtel will undertake reasonable efforts to remedy that congestion. At the same time, should such congestion occur as a result of a violation of our Acceptable Use Policy, Ligtel reserves the right to take all necessary actions to remedy such violations as stated in our Acceptable Use Policy
Ligtel’s Acceptable Use Policy is located at www.ligtel.com. Our Acceptable Use Policy provides a more specific discussion and should be consulted by you. In general, however, it is not acceptable to use the Ligtel network for any purpose that violates local, state or federal laws or to transmit communications that might be highly offensive or damaging to any recipients or to use the service in a manner that is unintended. Likewise, it is not acceptable to interfere with, violate, circumvent, misuse, distribute or disrupt network users, equipment, or services, which include but are not limited to the following types of conduct:
- Attempts to obtain or actually obtaining unauthorized access to any network or account. This includes accessing data not intended for end user customers, logging into a server or account without being expressly authorized to access or probing the security of other networks.
- Attempts to interfere or actually inferring with the Ligtel’s Internet Service of others including users, hosts and networks. This includes “denial of service” attacks, “flooding” of networks, deliberate attempts to overload a Service and attempts to “crash” any host.
- Attempts to resell or actually reselling any Ligtel’s Retail Internet Services, without Ligtel’s written consent.
- Attempts to distribute or actually distributing Ligtel Internet Services beyond the scope of your end-user account.
- Using any equipment, accessory, apparatus, circuit or devices that are harmful to the network, shall not be attached to or connected with Ligtel facilities.
- Attempts to circumvent or actually circumventing copyright laws and regulation, including the unauthorized download of music, video, images, books, software or content and/or other copyright protected works.
Ligtel provides Spam filtering with each customer’s email address. Details of this service are listed on Ligtel’s website. Ligtel will not ask you for your password in an unsolicited telephone call or email. If you believe your password has been compromised, you should immediately change your password to prevent the unauthorized use of it.
Ligtel does not block lawful content, applications, services, or non‑harmful devices, subject to reasonable network management. Additionally, Ligtel does not block users from accessing lawful web sites, subject to our reasonable network management practices nor does Ligtel block applications that may compete with either Ligtel’s or one of its affiliate’s voice service products, subject again to our reasonable network management practices.
No Unreasonable Discrimination
Ligtel does not unreasonably discriminate in transmitting lawful network traffic over a consumer’s broadband Internet access service. For purposes of applying this FCC requirement, Ligtel notes that the application of our reasonable network management practices shall not constitute unreasonable discrimination.
Commercial Pricing Terms and Conditions
Please click on the following website link for pricing information (including monthly prices, usage-based fees, and fees for early termination or additional network services) and the terms and conditions of the service: http://www2.ligtel.com/policies/subscriber-agreement.html.
Ligtel allows end users that subscribe to our Internet service to connect any ordinary and typical consumer device to the end users side of the demarcation point between Ligtel’s network and the end user’s location provided that such attachment does not harm our network.
Suitability for Real Time Applications
All of Ligtel’s Internet service offerings can be used for real time applications. However, performance of those applications may improve at higher transmission speeds.
Reasonable Network Management Practice Defined.
We use the following definition for what we consider to be a reasonable network management practice -- A network management practice is reasonable if it is appropriate and tailored to achieving a legitimate network management purpose, taking into account the particular network architecture and technology of the broadband Internet access service. For example, Ligtel may block spam or other unsolicited bulk email.
Ligtel provides internet services using multiple technologies on based on availability at a subscriber’s service location using one of the following technologies :
- Asymmetric Digital Subscriber Line (“ADSL”) technology that uses copper wire.
- Fiber High Speed Service technology that uses fiber optic cable.
- Fixed Wire Service technology that uses both licensed and unlicensed spectrum.
Expected and Actual Transmission Speed
Based upon internal testing conducted by Ligtel, the actual expected performance for Ligtel’s service offerings are reasonably expected to be as follows:
|Package||Advertised Speed||Busy Hour|
|Platinum||7 Mbps Down /2 Mbps Up||5.6 Mbps Down / 1.8 Mbps Up|
|Gold||3 Mbps Down / 1 Mbps Up||2.6 Mbps Down / 868 kbps Up|
|Silver||1 Mbps Down / 384 kbps Up||924 kbps Down / 316kbps Up|
|Package||Advertised Speed||Busy Hour|
|Platinum||20 Mbps Down / 19.5 Mbps Up||19 Mbps Down / 17.55 Mbps Up|
|Gold||6 Mbps Down / 5.5 Mbps Up||5.4 Mbps Down / 4.95 Mbps Up|
|Silver||1.5 Mbps Down / 1.0 Mbps Up||1.35 Mbps Down / 900 kbps Up|
|Package||Advertised Speed||Busy Hour|
|DSL Advanced||3.0 Mbps Down / 512 kbps Up||2.7 Mbps Down / 460 kbps Up|
|DSL||1.5 Mbps Down / 256 kbps Up||1.35 Mbps Down / 230 kbps Up|
|DSL Lite||768 kbps Down / 128 kbps Up||691 kbps Down / 115 kbps Up|
This information is based upon the mean upload and download speeds in megabits per second during the “busy hour” between 7:00 p.m. and 11:00 p.m. on weeknights
Expected and Actual Latency
Based upon internal testing Ligtel, the actual expected performance for Ligtel’s service offerings are reasonably expected to be as follows:
|Wireless||35 ms||59 ms|
|Fiber||2 ms||5 ms|
|DSL||40 ms||60 ms|
|All pings from customer premise to mail.ligtel.com|
This information is based upon the mean round trip latency during the “busy hour” between 7:00 p.m. and 11:00 p.m. on weeknights.
If you have any questions or concerns about network management or these disclosures you can go to www.ligtel.com for more information about contacting our customer service personnel to express your concerns. If this does not resolve your question or concerns, please contact Ligtel customer service at: (260) 894-7200.
This Agreement (the "Agreement") sets forth the terms and conditions under which LigTel Communications, Inc., together with any affiliate and/or distribution partner (collectively, the "Company"), agrees to provide LigTel Internet service (hereinafter the "Service") to you. By completing the registration and using the Service, you (i) agree to abide by, and require others using the Service through your account to abide by the terms of this Agreement, and (ii) represent and warrant that you are at least 18 years of age. If you do not agree with the foregoing, you may not use the Service and must return any installation software, equipment, and all associated materials to the Company. This Agreement takes effect on the date on which you accept this Agreement, and continues until your subscription is terminated.
IF YOU DO NOT AGREE TO BE BOUND BY THESE TERMS, YOU SHOULD IMMEDIATELY STOP THE USE OF THE SERVICE AND NOTIFY THE COMPANY’S CUSTOMER SERVICE DEPARTMENT SO THAT YOUR ACCOUNT CAN BE CLOSED.
- Your Subscription
Your subscription entitles you to use the Service. You agree not to assign, transfer, resell or sublicense your rights as a subscriber unless specifically allowed by this Agreement. You agree that you are solely responsible and liable for any and all breaches of the terms and conditions of this Agreement, whether such breach results from your use of the Service or by another person who uses your computer. You agree to contact the Company immediately upon the occurrence of any change in the status of your account (e.g., change in individuals authorized to use your account) for the purpose of updating your account information.
- Payment Terms
You agree to be responsible for any and all charges, damages and costs that you or anyone using your Company account may cause. You agree to pay all monthly fees and installation charges associated with the Service including, but not limited to, applicable taxes, customer service fees, late fees and collection fees. Monthly fees for the Service will be billed one month in advance. If payment is not received by the due date, late fees and/or collection charges may be assessed and the Company may terminate your Service.
Separate and apart from the charges for the Company’s Services, you may also incur charges including, without limitation, charges relating to the purchase of "premium" services, such as additional web space, business class services, or access to certain gaming sites in addition to those billed by the Company. All such charges, including all applicable taxes, are your sole responsibility. You may be required to pay a reconnect fee and/or a security deposit in addition to all past due charges before the Service is reconnected.
The Company may apply a late fee of $3.00 per month to each of your bills not paid by the due date. You are responsible to pay all the Company's cost of collection, including bank charges and reasonable attorneys' fees. In the event that a check or draft tendered by you is returned, a fee of $25.00 will apply, unless the return is a bank error that is properly documented by you. When billing for the Company’s Services is performed by local exchange telephone companies, credit card companies or others, the payment conditions and regulations of such companies apply, including any applicable interest and/or late payment charges.
If you believe you have been billed in error, you must contact the Company within thirty (30) days of the date of the bill which contains the disputed charge. Refunds or adjustments will not be issued for any charge that is more than sixty (60) days old. The Company will notify you of the results of its inquiry, and either adjust the billing, issue a credit, or notify you that your dispute is denied.
- Software License
To the extent applicable, the Company grants to you a limited, non-exclusive, non-transferable and non-assignable license to install and use the Company’s access software (including software from third party vendors that the Company distributes, hereinafter referred to as the "Licensed Software"), in order to access and use the Service. The Company may modify the Licensed Software at any time, for any reason, and without providing notice of such modification to you. The Licensed Software constitutes confidential and proprietary information of the Company and the Company's licensors and contains trade secrets and intellectual property protected under United States copyright laws, international treaty provisions, and other laws. All right, title, and interest in and to the Licensed Software, including associated intellectual property rights, are and shall remain with the Company and its licensors. You agree to comply with the terms and conditions of all end user software license agreements accompanying any software or plug-ins to such software distributed by the Company in connection with the Service. Your right to use the Licensed Software terminates upon termination of this Agreement.
- Computer and Equipment Requirements
At the time of initial installation of the Service, provided that your computer and other equipment does not harm the Company’s network or infringe upon other users’ use of the Company’s service, you may attach such device to the Company’s network. Should such device harm the Company’s network or infringe other users’ use of the Service, such device must be removed from the network. You will not remove any equipment owned by the Company (the "Equipment") from your premises (“Premises”).
You authorize Company personnel and/or its agents to enter your Premises at mutually agreed upon times in order to install, maintain, inspect, repair and remove the Service. If you are not the owner of the Premises at which the Service is to be installed, you represent that you have obtained the consent of the owner of the Premises for the Company’s personnel and/or its agents to enter the Premises for the purposes described above. You shall indemnify and hold the Company harmless from and against any claims of the owner of the Premises arising out of the performance of this Agreement. You agree that installation of the Service (including the Licensed Software) may require the Company’s personnel and/or its agents to open your computer. You further acknowledge and agree that installation and/or use of the Service (including the Licensed Software) may result in the modification of your computer's systems files and that the Company may periodically update the software in order to provide the Service. The Company neither represents, warrants, nor covenants that such modifications will not disrupt the normal operations of your computer. The Company shall have no liability whatsoever for any damage resulting from the installation and/or use of the Licensed Software or file modifications. The Company is not responsible for returning your computer to its original configuration prior to installation. The Company or its agents will supply and install certain software and, if required, hardware for a fee determined by the Company. The Company shall use reasonable efforts to install the Service to full operational status, provided that your computer fulfills the minimum computer requirements set forth herein.
- Acceptable Use Policy
You agree to use the Services strictly in accordance with the Acceptable Use Policy located at http://www2.ligtel.com/policies/acceptable-use-policy.html, which may be modified by the Company from time to time, and which is incorporated herein by reference and made a part of this Agreement.
- Posting of Material
You are solely responsible and liable for all material that you upload, post, email, transmit or otherwise make available via the Service, including, without limitation, material that you post to any Company website, or any third party vendor's service (e.g., newsgroups) that is used by the Company. The Company does not claim ownership of material you submit or make available for inclusion on the Service. However, with respect to material you submit or make available for inclusion on publicly accessible areas of the Service, you grant the Company a world-wide, royalty free and non-exclusive license(s) to: use your material in connection with the Company’s businesses including, but not limited to, the rights to copy, distribute, publicly perform, publicly display, transmit, publish your name in connection with the material, and to prepare derivative works. No compensation will be paid with respect to the use of your material.
- Links to Third Party Websites
In your use of the Service and/or the Company’s website, you may encounter various types of links that enable you to visit websites operated or owned by third parties (“Third Party Site”). These links are provided to you as a convenience and are not under the control or ownership of the Company. The inclusion of any link to a Third Party Site is not (i) an endorsement by the Company of the Third Party Site, (ii) an acknowledgement of any affiliation with its operators or owners, or (iii) a warranty of any type regarding any information or offer on the Third Party Site. Your use of any Third Party Site is governed by the various legal agreements and policies posted at that website.
- Monitoring and Removal of Content
The Company is under no obligation to monitor the Service. However, the Company reserves the right at all times and without notice to remove, restrict access to, or make unavailable, any content on its servers that it considers, in its sole discretion, to be obscene, lewd, lascivious, excessively violent, harassing, or otherwise objectionable, and to monitor, review, retain and/or disclose any content or other information in the Company’s possession about or related to you, your use of the Services or otherwise as the Company deems necessary to satisfy any applicable law, regulation, legal process, or governmental request. The Company also retains the right to purge your email account or accounts in the event that any such account has not been accessed for at least three (3) months.
- No Spam or Other Unsolicited Bulk Email
The Company may immediately terminate any subscriber account that it determines, in its sole discretion, is transmitting or is otherwise connected with any “spam” or other unsolicited bulk email. You agree to pay the Company’s damages for “spam” or unsolicited bulk email transmitted from or otherwise connected with your account. Provided that such action is required by the Company in order to protect the integrity and customers’ use of the Company’s network and services as provided for in the Company’s Network Management Policy (http://www2.ligtel.com/policies/network-management-policy.html), the Company reserves the right to, reject or remove what it considers in its sole discretion to be “spam” or other unsolicited bulk email from the Service and the Company shall have no liability for blocking any email considered to be “spam.”
- Termination and Surviving Obligations
Either party may terminate this Agreement at any time without cause by providing the other party with no less than twenty-four (24) hours written notice of such termination. In the event of termination by you, you must notify the Company by telephone or by a non-electronic written submission. Email submissions shall not constitute effective notice. The Company may notify you of termination by electronic or other means.
You expressly agree that upon termination of this Agreement: (i) you will pay the Company in full for your use of any Equipment and Service up to the later of the effective date of termination of this Agreement or the date on which the Service and any Equipment have been disconnected and returned to the Company; (ii) you will permit the Company to access the Premises at a reasonable time to remove any Equipment and other material provided by the Company; (iii) you will ensure the immediate return of any Equipment to the Company and you will return or destroy all copies of any software provided to you pursuant to this Agreement; and (iv) the Company is authorized to delete any files, programs, data and email messages associated with such account.
- Disclaimer of Warranties and Limitation of Liability
You expressly agree that the Company is not responsible or liable for any content, act or omission of any third party including, without limitation, any threatening, defamatory, obscene, offensive, or illegal conduct, or any infringement of another's rights including, without limitation, privacy and intellectual property rights, and you hereby release the Company for any such claims based on the activities of third parties.
THE SERVICE IS PROVIDED TO YOU "AS IS" WITHOUT WARRANTY OF ANY KIND. NEITHER THE COMPANY, NOR ITS AFFILIATES OR ANY OF ITS SUPPLIERS OR LICENSORS, EMPLOYEES OR AGENTS WARRANT THE SERVICE WILL BE UNINTERRUPTED OR ERROR-FREE OR FREE FROM VIRUSES OR OTHER HARMFUL MALICIOUS AGENTS EVEN IF ANTI-VIRUS MECHANISMS ARE DEPLOYED. THE COMPANY DOES NOT WARRANT THAT ANY DATA OR ANY FILES SENT BY OR TO YOU WILL BE TRANSMITTED IN UNCORRUPTED FORM OR WITHIN A REASONABLE PERIOD OF TIME. ALL REPRESENTATIONS AND WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, ANY WARRANTIES OF TITLE, NONINFRINGEMENT, FITNESS FOR A PARTICULAR PURPOSE AND MERCHANTABILITY ARE HEREBY EXCLUDED AND DISCLAIMED. THE COMPANY AND ITS EMPLOYEES, REPRESENTATIVES AND AGENTS ARE NOT LIABLE FOR ANY COSTS OR DAMAGES, ARISING DIRECTLY OR INDIRECTLY, FROM THE INSTALLATION OR USE OF, THE LICENSED SOFTWARE, THE SERVICE (INCLUDING E-MAIL), EQUIPMENT FURNISHED BY THE COMPANY, OR THE COMPANY'S PROVISION OF TECHNICAL SERVICE AND SUPPORT FOR THE SERVICE, AND YOU AGREE THAT THIS DISCLAIMER OF LIABILITY APPLIES EVEN IF SUCH DAMAGE RESULTS FROM THE NEGLIGENCE OR GROSS NEGLIGENCE OF A THE COMPANY INSTALLER, TECHNICIAN, OR CUSTOMER SERVICE REPRESENTATIVE AND YOU FURTHER AGREE THAT THIS DISCLAIMER OF LIABILITY INCLUDES ANY INDIRECT, INCIDENTAL, EXEMPLARY, SPECIAL, PUNITIVE OR DAMAGES, REGARDLESS OF WHETHER OR NOT THE COMPANY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. IN ANY EVENT, THE COMPANY'S CUMULATIVE LIABILITY TO YOU FOR ANY AND ALL CLAIMS RELATING TO THE USE OF THE SERVICE SHALL NOT EXCEED THE TOTAL AMOUNT OF SERVICE FEES PAID DURING THE IMMEDIATELY PRECEEDING TWO (2)-MONTH PERIOD. YOU HEREBY RELEASE THE COMPANY FROM ANY AND ALL OBLIGATIONS, LIABILITIES, AND CLAIMS IN EXCESS OF THIS LIMITATION. THE COMPANY IS ALSO NOT LIABLE FOR ANY COSTS OR DAMAGES ARISING FROM OR RELATED TO YOUR BREACH OF THIS AGREEMENT. Your sole and exclusive remedies under this Agreement are as expressly set forth herein. Some states do not allow the exclusion or limitation of implied warranties, so the above exclusions or limitations may not apply to you.
You agree to indemnify and hold the Company, its affiliates, officers, directors and employees, harmless from any claim, demand, or damage, including costs and reasonable attorneys’ fees, asserted by any third party due to or arising out of your use of or conduct on the Service. The Company will notify you within a reasonable period of time of any third party claim for which the Company seeks indemnification and will afford you the opportunity to participate in the defense of such claim, provided that your participation will not be conducted in a manner prejudicial to the Company's interests, as reasonably determined by the Company.
- Management of Network, Maintenance
The Company reserves the right to manage its network for the greatest benefit of the greatest number of subscribers including, without limitation, the following: rate limiting, rejection or removal of “spam” or otherwise unsolicited bulk email, anti-virus mechanisms, traffic prioritization and protocol filtering as further described in the Company’s Network Management Policy (http://www2.ligtel.com/policies/network-management-policy.html). You expressly accept that such action on the part of the Company may affect the performance of the Service. The Company reserves the right to enforce limits on specific features of the Service including, without limitation, email storage (including deletion of dormant or unchecked email) and web hosting maximums. The Company will endeavor to perform planned service-affecting maintenance between 12:00 a.m. and 6:00 a.m. However, if exigent circumstances require maintenance at other time, the Company reserves the right to perform maintenance at such time as may be necessary. The Company will maintain a database of email contacts to be notified for maintenance that may be service affecting.
- Copyright and Trademark Notices
Materials available on the Company website are or may be protected by copyright law. All other trademarks and service marks are the property of their respective owners.
- Intellectual Property Infringement Claims
In accordance with Title 17, United States Code, Section 512(c)(3), if you believe that a web page hosted by the Company is violating your rights under U.S. copyright law, you may file a complaint of such claimed infringement with the Company's designated agent (http://www2.ligtel.com/policies/notice-of-copyright-infringement.html).
- Governing Law and Jurisdiction
This Agreement shall be exclusively governed by, and construed in accordance with, the laws of the State of Indiana, without regard to its conflict of laws provisions. All disputes arising out of or related to this Agreement and the Service must be brought in a federal or state court located in the State of Indiana. You consent to the personal jurisdiction of such courts located therein. You waive all rights to bring any claim, suit or proceeding more than one (1) year after the date the cause of action arose.
This Agreement constitutes the entire agreement and understanding between the parties with respect to its subject matter and supersedes and replaces any and all prior written or oral agreements. In the event that any portion of this Agreement is held to be unenforceable, the unenforceable portion shall be construed in accordance with applicable law as nearly as possible to reflect the original intentions of the parties and the remainder of its provisions shall remain in full force and effect. Nothing contained in this Agreement shall be construed to limit the Company's rights and remedies available at law or in equity. The Company's failure to insist upon or enforce strict performance of any provision of this Agreement shall not be construed as a waiver of any provision or right. Neither the course of conduct between the parties nor trade practice shall act to modify any provision of this Agreement. This Agreement may not be assigned or transferred by you. This Agreement is freely assignable by the Company to third parties.
- How to Contact Us
For any questions regarding this Subscriber Agreement, billing or other, please contact the Company at one of the following:
Phone: (866) 544-8350
U.S. Mail: LigTel Communications, Inc.
414 South Cavin Street
Ligonier, IN 46767
The Company does not:
- Collect Individual Information from our customers via our website unless it is provided to the Company. (Please note, however, the Company does ask for individual information when we are setting up an account for that customer.)
- Sell Individual Information to unaffiliated parties.
At the same time, the Company does:
- Use security techniques and methods within our network that are designed to protect our customers’ Individual Information from unauthorized access.
- Collect, maintain and use a customer’s Individual Information as necessary to provide the most helpful and targeted products and services to meet our customers’ needs.
- Honor our customers’ requests to remove their names from our telephone or mail solicitation lists using reasonable efforts to delete the information from existing files. (And, should you wish, you may contact the Company to request such removal.)
- Provides access to Individual Information when the Company undertakes projects with business partners. However, we make this disclosure with an understanding from our business partners that they too will also treat the Individual Information in a manner consistent with our respect for privacy concerns.
In addition to Individual Information, the Company may collect information automatically when a visitor enters the Company’s website. This information may include such things as the domain name, browser, the type of computer operating system, information about the web page from which the visitor linked to the site, and time spent on different pages within the site. The Company may use this information to evaluate and improve our website, and may share the information with business partners and others.
Privacy and Customer Proprietary Network Information
When you use our service, that use is your authorization to us to monitor and record communications to the Company regarding your account or the services provided by the Company for purposes of quality assurance. For on-line orders, the Company may implement reasonable procedures, including but not limited to validating information provided by you or restricting the amount of equipment and services purchased on-line by a single customer. The Company reserves the right to cancel or reject on-line orders at any time for security reasons or privacy concerns.
Please note that the Company will not give you notice of any subpoenas or court orders related to your account or use of our services unless required by law.
To provide services to you, we may maintain certain customer proprietary network information, or CPNI, that includes the types of services that you currently have or have purchased, how you use the services, and billing information for the services. When you view your account information or shop for products/services on-line, you agree that we may display your CPNI on-line to fill orders or allow you to make account changes.
Disclosure of Account Information
As a general rule, the Company does not release customer account information to unaffiliated third parties without your permission unless we have a business relationship with those companies where the disclosure is appropriate. Nonetheless, there are exceptions to this general rule. For example, the Company might provide information to regulatory or administrative agencies so that they can accomplish their regulatory tasks (for example, responding to a customer complaint) or provide such information when we determine that such disclosure may maximize the efficiencies of our own processes (such as correcting mailing addresses). At all times, however, the Company will comply with legal requirements, such as a subpoena or court order or other similar demand, associated with either criminal or civil proceedings.
Please note that we will only disclose account information to the customer whose name appears on the account. However, you may alter this policy by instructing us in writing to release your account information to someone. Once that written release from you is received by us, we will honor your request and provide that information to the third party that you have noted until the release which you have sent is cancelled in writing by you. At times, we have found that our customers need to have other individuals to have access and control of that customer’s account. We will honor our customer’s request in this regard but only where such request is made in writing to us by the original customer and where the original customer agrees that such individual(s) shall be jointly listed or identified as such on the account by the customer whose name appears on the account.
The Company may provide one of our customer’s account information to other companies in the process of providing services to you. The Company typically has a business relationship with these companies. For example, another company may be hired by us for the process of billing your account. Likewise, the Company may provide account information to collection agencies when our customers do not pay their bills. When this occurs, the use that can be made of this information is limited to collection activities for our charges and for the charges the Company bills for others.
Value Added Offerings
Because the Company appreciates the trust you have placed in us, we continually look for ways to enhance our business relationship. From time to time, the Company may inform you about a product or service. Using the information you have provided, the Company strives to limit our offers to those offers that the Company reasonably believes you would appreciate receiving. The Company’s goal is to have every contact by you with us to be a positive experience. Consequently, if you would prefer not to receive these value-added services, offers and opportunities, please feel free to contact us.
While the Internet is, in our view, a valuable tool, the Internet does offer open access to a wide range of information. Therefore, in our view, it is important that parents supervise and prevent access to inappropriate content, email or chat sessions or inappropriate disclosure of Individual Information by their children. Therefore, children should consult with their parents or guardian before furnishing any data to the Company and we suggest parents to supervise their child's on-line activities. Thus, the Company recommends that parents use one of a number of available parental control tools that provide a more child-friendly on-line environment and can reduce the possibility of children disclosing individually identifiable information without parental consent.
Links to Other Websites
The Company is not responsible for content or privacy policies of other websites. Therefore, you should keep this in mind when accessing sites through links on the Company’s website.
Our goal is to strive to improve the services we offer. In doing so, we may update this Policy from time to time. Accordingly, the Company reserves the right to expand our capabilities for information collection and use, and may change our policies including this Policy at any time.
ACCEPTABLE USE POLICY
LigTel Communications, Inc. (the “Company”), has formulated this Acceptable Use Policy (“Policy”) in order to provide for the responsible use of the Company’s networks, systems, services, websites and products (collectively, the “Company Services”) by our customers and other users of the Company Services (individually “User” and collectively “Users”), and to enable the Company to provide Users with secure, reliable and productive services. This Policy is also designed to help protect our Service, our subscribers, and the Internet community, from irresponsible or illegal activities. We hope and expect that common sense and good judgment will guide all of our subscribers’ Internet activities. However, the Company may take such action, as it deems appropriate against any subscriber or User for violations of your Service Agreement or of this Policy, including the suspension or termination of the User’s account without notice.
By using the Company Services, Users consent to be bound by the terms of this Policy. The Company reserves the right to modify this Policy in its discretion at any time. Such modification will be effective when posted to the Company website http://www.ligtel.com or any successor URL(s). Users of the Company Services should regularly visit the website 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 Policy, the terms of this Policy shall govern. Any use of the Company Services after such posting shall constitute acceptance of such modification.
The provisions of this Policy are not meant to be exhaustive. Generally, conduct that violates law, regulation, or the accepted norms and ethics of the Internet community or the community at large, whether or not expressly mentioned in this Policy, is prohibited. The Company reserves the right at all times to prohibit activities that damage the Company’s commercial reputation and goodwill or affect the quality of Company Services or the Company’s ability to provide service.
In order to preserve the integrity of Company’s Services, the Company may take action against a User, including the cancellation of User’s Internet service account, if User, or anyone using User’s Company Services, violates this Policy, the terms and conditions for any agreement, any law governing User’s conduct on the Internet, or the policies of any network accessed through Company Services. Further, if User, or anyone using User’s Company Services, engages in any conduct that interferes with Company Services or the use and enjoyment of the Internet by others, User’s Internet service account also may be cancelled. If such conduct results in damages to the Company, User may be required to reimburse the Company for all such damages, subject to a minimum amount of two hundred and fifty dollars ($250.00). User may also be charged an activation fee or further deposits to reconnect a suspended or terminated account.
Limitation of Responsibility
The Company’ Privacy Statement is posted on the Company’s website at www.ligtel.com. Please refer to this Privacy Statement in connection with the Company’s policies concerning the privacy of customer information.
A. In General
The Company Services must be used in a manner that is consistent with the intended purposes of the Company Services and may be used only for lawful purposes. Users shall not use the Company Services in order to: (a) transmit, distribute or store material in violation of any applicable law or regulation, including export or encryption laws or regulations; (b) that may adversely affect the Company Services or other Company customers; or (c) that may expose the Company to criminal or civil liability. Users are prohibited from facilitating the violation of any part of this Policy, including, but not limited to transmitting, distributing, or otherwise making available any product or service that violates this Policy.
B. Inappropriate Content
Users shall not use the Company Services to post, transmit, distribute or store any information or material, as reasonably determined by the Company, that is inappropriate or objectionable, obscene (including child pornography), offensive, indecent, defamatory, libelous, threatening, harassing, abusive, hateful, racially or ethnically offensive, excessively violent or otherwise inappropriate, regardless of whether this material or its dissemination is unlawful.
C. Intellectual Property
Material accessible through the Company Services may be subject to protection under privacy, publicity, or other personal rights and intellectual property rights, including but not limited to, copyrights and laws protecting patents, trademarks, trade secrets or other proprietary information. Users shall not use Company Services in any manner that would infringe, dilute, misappropriate, or otherwise violate any such rights. If User uses a domain name in connection with any of Company Services, User must not use that domain name in violation of the trademark, service mark, or other rights of any third party
D. Harmful Content/Use
Users shall not use the Company Services to transmit, distribute or store material that may be harmful to or interfere with the Company Services or any third party’s networks, systems, services, or websites. Such prohibited harmful content includes, but is not limited to, viruses, worms, or Trojan horses. Additionally, the Company Services shall not be used to: (a) access or interfere with any other person's computer or computer system, software, or data without their knowledge and consent; (b) breach the security of another User; or (c) attempt to circumvent the User authentication or security of any host, network, or account (such as, but not not limited to, accessing data not intended for User, logging into or making use of a server or account User is not expressly authorized to access, or probing the security of other hosts, networks, or accounts).
E. Fraudulent/Misleading Content
Users shall not use the Company Services to transmit or distribute material containing fraudulent offers for goods or services, or any advertising or promotional materials that contain false, deceptive, or misleading statements, claims, or representations. In addition, Users are prohibited from submitting any false or inaccurate data on any order form, contract or online application, including the fraudulent use of credit cards.
F. E-mail and Unsolicited Messages
Users of the Company Services may not: (a) send a harassing or unwanted solicitation by e-mail; (b) send the same (or substantially similar) unsolicited e-mail message to an excessive number of recipients (“Spamming”); (c) send multiple unwanted e-mail messages to the same address, or send any e-mail that provokes a complaint to the Company from the recipient; (d) continue to send e-mail to a specific address after the recipient or the Company has requested User to stop such transmissions; (e) falsify User’s e-mail address, or any other identification information, while using Company Services; (f) use e-mail to originate chain e-mails or originate or forward pyramid-type schemes; (g) use a mail server to relay or intercept e-mail without the express permission of the owner, or operate a mail server to relay or intercept e-mail; or (h) place User’s website address, which User has hosted through the Company, on unsolicited commercial messages. The Company, pursuant to its network management practices, reserves the right to cancel e-mail messages and/or restrict the size of e-mail distribution lists.
G. Excessive usage of bandwidth, disk utilization, simultaneous connections, or aggregate data download/upload
Where the User’s Internet account, service or feature descriptions specify limits on bandwidth, disk utilization, simultaneous connections, and/or aggregate data download or upload, use in excess of those limits (bytes/bits transferred) is not permitted without an appropriate change in account type or status and may incur additional charges for such usage. In the event that the Company determines that an account is exceeding the relevant bandwidth, disk utilization, aggregate data download/upload limits, simultaneous connections, or reasonable session times for dial-up or high speed broadband accounts, the account owner will generally be notified by E-mail. However, if excessive bandwidth, disk space utilization, simultaneous connections, aggregate data download or upload, or dial-up session length is determined to adversely affect the Company’s ability to provide service, immediate action may be taken. The account owner may be notified by e-mail as soon as practical thereafter. If the excess use continues after such notification, the owner may be requested to upgrade the type of account or to modify the activity creating the excess use. Failure to make the requested modifications may result in the account being terminated.
H. Conduct with a Minor
Users shall not knowingly collect or solicit personal information from a minor or use the Company Services to harm a minor including, but not limited to, using the Service to send pornographic, obscene or profane materials involving a minor. A minor is defined as any person under the age of 18 years.
Third Party Rules
Users may have access through the Company Services to search engines, subscription Web services, chat areas, bulletin boards, Web pages, or other services that promulgate rules, guidelines or agreements to govern their use. Users must adhere to any such rules, guidelines, or agreements.
The Company does not tolerate hacking and attacks. “Hacking” is any unauthorized attempt to monitor, access or modify computer system information or interfere with normal system operations, whether this involves the Company’s equipment or any computer system or network that is accessed through Company Services. An “attack” is any interference with Internet service to any User, host or network, including, but not limited to, mail-bombing, ping flooding, broadcast attempts or any attempt to overload a system to interrupt service. Inappropriate activity may result in civil or criminal liability. The Company will investigate such activity, and will, as appropriate, involve law enforcement authorities in prosecuting Users involved in inappropriate actions.
User is responsible for any misuse of the Company Services. Therefore, User must take steps to ensure that others do not use User’s account to gain unauthorized access to the Company Services. In all cases, User is solely responsible for the security of any device User chooses to connect to the Company Services, including any data stored or shared on that device. It is User’s responsibility to implement and maintain security procedures for User’s network or system. The Company is not responsible for any loss or damaged caused by hacking, attacks and other related activities.
Responsibility for Content
The Company takes no responsibility for any material created or accessible on or through the Company Services. The Company is not obligated to monitor or exercise any editorial control over such material, but reserves the right to do so. In the event that the Company becomes aware that any such material may violate this Policy and/or expose the Company to civil or criminal liability, the Company reserves the right to terminate that User’s Company Services immediately. The Company further reserves the right to cooperate with legal authorities and third parties in the investigation of alleged wrongdoing, including disclosing the identity of the User that the Company deems responsible for the wrongdoing.
Violations of this Policy may be reported to the Company at www.ligtel.com.
Enforcement of Policy
The failure of the Company to enforce this Policy, for whatever reason, shall not be construed as a waiver of any right to do so at any time. User agrees that if any portion of this Policy is held invalid or unenforceable, that portion will be construed consistent with applicable law as nearly as possible, and the remaining portions will remain in full force and effect.
NOTICE OF COPYRIGHT INFRINGEMENT POLICY
This information should not be construed as legal advice to our Customers or Visitors. If you believe that your copyrights have been infringed, or if a notice of copyright infringement has been filed against you, we advise that you seek legal counsel. We provide this information to you for informational purposes only.
Pursuant to the Digital Millennium Copyright Act (the "DMCA"), you may file a Notification of claimed infringement with the Designated Agent of a Service Provider if you believe that a Web page hosted by LigTel Communications, Inc., as the Service Provider (hereinafter “Service Provider”), is violating your rights under U.S. copyright law. (See Title 17, United States Code, Section 512(c)(3)). The DMCA provides the following procedure for parties to follow who wish to file a Notification of claimed infringement with a Service Provider.
To serve a Notification on Service Provider, send your Notification to:
|Name of Designated Agent to Receive Notification:||Mike Troup|
|Address to Which Notification Should be Sent:||414 South Cavin Street
Ligonier, IN 46767
|Telephone Number of Designated Agent:||(260) 894-7161|
|Facsimile Number of Designated Agent:||(260) 894-7711|
In order to be effective under the DMCA, the Notification must (i) be in writing, and (ii) be provided to the Designated Agent of a Service Provider.
In order for such a complaint to be effective under the DMCA, Notification must include the following:
- A physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.
- Identification of the copyrighted work claimed to have been infringed, or, if multiple copyrighted works at a single online site are covered by a single Notification, a representative list of such works at that site.
- Identification of the material that is claimed to be infringing or to be the subject of infringing activity and that is to be removed or access to which is to be disabled, and information reasonably sufficient to permit the Service Provider to locate the material.
- Information reasonably sufficient to permit the Service Provider to contact the complaining party, such as an address, telephone number, and if available, an electronic mail address at which the complaining party may be contacted.
- A statement that the complaining party has a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law.
- A statement that the information in the Notification is accurate, and under penalty of perjury, that the complaining party is authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.
Upon receipt of the written Notification containing the information described in 1 through 6 above, Service Provider will:
- Remove or disable access to the material that is alleged to be infringing.
- Take reasonable steps to promptly notify the subscriber that it has removed or disabled access to the material.
If a notice of copyright infringement has been filed against you, you may file a Counter Notification with a Service Provider’s Designated Agent. In order to be effective, a Counter Notification must be written and include substantially the following:
- A physical or electronic signature of the subscriber.
- Identification of the material that has been removed or to which access has been disabled and the location at which the material appeared before it was removed or access to it was disabled.
- A statement under penalty of perjury that the subscriber has a good faith belief that the material was removed or disabled as a result of mistake or misidentification of the material to be removed or disabled.
- The subscriber's name, address, and telephone number, and a statement that the subscriber consents to the jurisdiction of Federal District Court for the judicial district in which the address is located, or if the subscriber's address is outside of the United States, for any judicial district in which the Service Provider may be found, and that the subscriber will accept service of process from the person who provided Notification or an agent of such person.
Upon receipt of a Counter Notification containing the information as outlined in 1 through 4 above, Service Provider shall:
- Promptly provide the complaining party with a copy of the Counter Notification;
- Replace the removed material or cease disabling access to the material within 10 to 14 business days following receipt of the Counter Notification, unless the Service Provider's Designated Agent first receives notice from the complaining party that an action has been filed seeking a court order to restrain alleged infringing party from engaging in infringing activity relating to the material on Service Provider's system or network.
NOTE: Under the DCMA, claimants who make misrepresentations concerning copyright infringement may be liable for damages incurred as a result of the removal or blocking of the material, court costs, and attorneys fees. See Title 17, United States Code, Section 512(f).
NOTE: The information on this page is provided to you for informational purposes only, and is not intended as legal advice. If you believe your rights under U.S. Copyright law have been infringed, you should consult an attorney.