Legal

Clear Lake Independent Telephone Company

ACCEPTABLE USE POLICY FOR HIGH SPEED INTERNET SERVICE

This Acceptable Use Policy (“AUP”) governs high speed Internet service provided to you by Clear Lake Independent Telephone Company (together with any subsidiaries or affiliates providing your service, hereafter “ Clear Lake Independent Telephone Company,” “we” “us” or “Company”) and includes the following terms and provisions as the same may be amended or modified from time to time as provided herein. The terms and provisions of this AUP are without limitation of any rights to suspend or terminate service that Company otherwise possesses under your Agreement or applicable law.

1. Applicability. This AUP applies to you as a customer and to any other person, authorized or abusive, using your service (each such person, a “User”). For purposes of this AUP, your use includes, and you are responsible for, the use of all Users who access service through your account. It is your responsibility to take precautions to limit access to service to approved Users.
2. Compliance Required. Pursuant to your Agreement, all customers have agreed to and must comply with this AUP. Company reserves the right to terminate or suspend service immediately or to otherwise disconnect, remove, block, filter or restrict your use of service if Company determines, in its sole discretion, that such use is illegal or violates this AUP. Company will cooperate with legal authorities and/or third parties in the investigation of any suspected or alleged crime or civil wrong. If Company believes that you have used service for an unlawful or abusive purpose, Company may forward the relevant communication and other information, including your identity, to the appropriate authorities for investigation and prosecution. You hereby consent to Company’s forwarding of any such communications and information to these authorities. In addition, Company may provide information in response to law enforcement requests, lawful government requests, subpoenas, court orders, to protect its rights and property and in the case where failure to disclose the information may lead to imminent harm to you or others. Company also reserves the right to take action on abuse which is not specifically named in this AUP at the sole discretion of Company. Use of the Company’s systems and network constitutes understanding and agreement of this policy.
3. Prohibited Uses and Activities. This AUP identifies certain uses and activities that Company considers to be unlawful or abusive and therefore strictly prohibited. The examples listed herein are non-exclusive and are provided solely for guidance to customers. Company, at its sole discretion, reserves the right to discontinue service for any unlawful use. In the event of uncertainty as to whether any contemplated use or activity is permitted, please contact a customer service representative for assistance. In addition to any other illegal or abusive uses or activities, the following constitute violations of this AUP:
   1. Unlawful Use: Using service in any manner that violates local, state or federal law, including without limitation using service to transmit any material (by e-mail or otherwise) whose transmission is unlawful under any local, state or federal law applicable to such transmission.
   2. Copyright or Trademark Infringement: Using service to transmit any material (by e-mail, bit torrent software, direct download, FTP sites or otherwise) that infringes any copyright, trademark, patent, trade secret, or other proprietary rights of Company or any third party, including, but not limited to, the unauthorized copying of copyrighted material, the digitization and distribution of photographs from magazines, books, or other copyrighted sources, the digitization and distribution of copyrighted video or music, and the unauthorized transmittal of copyrighted software.
   3. Violation of the Digital Millennium Copyright Act (DMCA): Using service to circumvent any technological measures used by copyright owners to protect their works or using service to produce or disseminate technology primarily designed or produced to circumvent DMCA protections, that have only limited commercially significant purpose or use other than to circumvent; or that are marketed for use in circumventing DMCA protections.
   4. Harm to Minors: Using service to harm, or attempt to harm, minors in any way; including but not limited to activities involving child pornography or the sexual exploitation of children.
   5. Threats: Using service to transmit any material (by e-mail or otherwise) that illegally threatens or encourages bodily harm or destruction of property.
   6. Harassment and Cyberbullying: Using service to transmit any material (by e-mail or otherwise) that unlawfully harasses another.
   7. Fraudulent Activity: Using service to make fraudulent offers to sell or buy products, items or services, or to advance any type of financial scam such as “pyramid schemes,” “Ponzi schemes”, unregistered sales of securities, securities fraud and “chain letters.”
   8. Forgery or Impersonation: Adding, removing or modifying identifying network, message or article header information in an effort to deceive or mislead is prohibited while using service. Attempting to impersonate any person by using forged headers or other identifying information is prohibited.
   9. Unsolicited Commercial E-mail/Unsolicited Bulk E-mail: Using service to transmit any unsolicited commercial e-mail or unsolicited bulk e-mail. Activities that have the effect of facilitating unsolicited commercial e-mail or unsolicited bulk e-mail, whether or not that e-mail is commercial in nature, are prohibited. Using deliberately misleading headers in e-mails sent to multiple parties is prohibited.
   10. Intentional Network Disruptions and Abusive Activity: Using service for any activity that adversely affects the ability of other people or systems to use service or third party Internet-based resources. This specifically but without limitation includes excessive consumption of network or system resources whether intentional or unintentional. This also includes “denial of service” (DoS) attacks against another network host or individual user. Interference with or disruption of other network users, network services or network equipment is prohibited. The transmission of viruses, malware, or engaging in” mail bombing,” “chat flooding,” cybersquatting, and similar unlawful behavior is also prohibited. Attempting to circumvent user authentication or security of any host, network, or account on Company’s systems or the Internet at large (“cracking”). This includes scanning or probing ports without the consent of the owner of the machine being scanned.
   11. Unauthorized Access: Using service to access, or to attempt to access without authority, the accounts of others, or to penetrate, or attempt to penetrate, security measures of Company’s or a third party’s computer software or hardware, electronic communications system, or telecommunications system, whether or not the intrusion results in disruption of service or the corruption or loss of data.
   12. Collection of Personal Data: Using service to collect, or attempt to collect, personal information about third parties without their knowledge or consent in violation of applicable state or federal law
   13. Disabling WiFi Passwords: Degrading Company’s cybersecurity and/or allowing unauthorized Internet access because of the disabling of WiFi passwords.
4. Network Management Practices. Service is available for individual customer use only and not for resale. Reselling service without Company’s written authorization will be considered a violation of your Agreement and will result in termination of service. Pricing is based on contemplated usage not exceeding commercially reasonable limitations. Unlimited plans and features offered as part of any service may ONLY be used for normal residential or business use. During certain peak usage times, Company may limit data transfer speeds in a non-discriminatory fashion, which may slow the rate of streaming video or download speeds. Company will not unreasonably discriminate in the transmission of lawful network traffic, and will provide a reasonable description of network performance characteristics on our website. Company will not block access to lawful content or websites, applications, services, or non-harmful devices. Company will keep accurate records of your service location(s), quantities, and usage under your Agreement. Company reserves the right to immediately disconnect or modify your service if Company determines, in its sole and absolute discretion, that your use of service is, or at any time was, inconsistent with normal residential or business usage patterns or is otherwise in violation of this AUP. In the event your usage exceeds applicable usage limitations and as an alternative to disconnection of service, Company may offer you a revised Agreement including higher rates for usage of service that is deemed to be inconsistent with normal residential or business use. Company reserves the right to protect its network from harm, which may impact legitimate data flows. Company reserves the right to limit throughput or amount of data transferred, and to deny or discontinue service, without notice, to anyone it believes is using an unlimited data plan or feature in any manner prohibited herein or whose usage adversely impacts Company’s network or service levels. You can access Clear Lake Independent Telephone Company’s website at: www.cltel.com. Current specific management practices and service descriptions of Clear Lake Independent Telephone Company’s Network Service can be found at: www.cltel.com/networkmanagement. Disclosure of our service pricing can be found at: www.cltel.com. Speed tests can accessed at www.speedtest.cltel.com. Congestion due to malfunctioning hardware and/or software will be remedied as quickly as network engineers can diagnose and identify the offending hardware / software. Congestion due to malice will be remedied using any technique available, including protocol-aware filtering and rate-limiting, to control and limit the offending source. Clear Lake Independent Telephone Company may seek criminal charges against those who inflict network malice. Clear Lake Independent Telephone Company may also attempt to recover costs incurred from network malice.
5. Content. You will be liable for any and all liability that may arise out of the content transmitted by you. You shall assure that your use of service and content comply at all times with all applicable laws, regulations and written and electronic instructions for use. Company reserves the right to disconnect or suspend your service and remove your content from service if Company determines, in its sole and absolute discretion, that such use or content does not conform with any applicable law, the requirements set forth in this AUP or interferes with Company’s ability to provide service to you or others. Company’s action or inaction under this Section will not constitute any review, waiver or approval of your usage or content.
6. Service Monitoring. Company is under no obligation to monitor a customer’s usage, bandwidth, transmissions and/or content of service. However, Company may monitor the usage, bandwidth, transmissions and content of service periodically to (i) comply with any necessary laws, regulations or other governmental requests or (ii) operate service properly or to protect itself, its network and its customers and subscribers. Company reserves the right to modify, reject or eliminate any information residing on or transmitted to its server that it, in its sole discretion, believes is unacceptable or in violation of this AUP or any other terms and provisions applicable to service.
7. Domain Name Service. Keeping registry information updated and accurate is the responsibility of the domain holder and not Clear Lake Independent Telephone Company. Acceptable use of the domain name service does NOT include falsifying or omitting valid domain contact information, including the administrative, technical, zone, and billing contacts. Such usage will result in termination of service.
8. Remote PC Support. ISPN Network Services offers a Remote Support Service for our customers whereby customers may request on-line assistance in resolving problems with their personal computers. In order to provide this service, ISPN Network Services must be able to log into the customer’s personal computer to diagnose the problem, perform such actions as ISPN Network Services believes are necessary to correct the problem, and/or recommend corrective actions to be performed by the customer or by third parties. By requesting Remote PC Support Services from ISPN Network Services customer agrees to the following:
   1. ISPN Network Services shall be authorized to log in to the customer’s personal computer in order to perform such actions as it deems necessary to diagnose the cause and extent of the problem; perform such actions as it believes are necessary to correct the problem; and/or recommend corrective actions to be performed by the customer or by third parties.
   2. Only qualified ISPN Network Services employees will be assigned to perform Remote PC Support Services for customers.
   3. Remote PC Support Services may only be provided with the customer’s explicit permission and the remote session will be terminated permanently once the support issue is resolved to the customer’s satisfaction.
   4. Company shall not be liable to customers or third parties for any loss, costs, or damage to customer’s personal computer or the contents thereof caused by or resulting from ISPN Network Services performance of Remote PC Support Services for customer, and customer shall indemnify and hold ISPN Network Services harmless therefore.
9. Dial-up Access. Dial-up connections that are idle for 20 minutes or longer, or connected for more than 24 hours continuously, will be disconnected. Idle time is defined as a period during which no input or output is sent or received across the modem connection. Multiple simultaneous logins to a single dial-up account are prohibited.
10. Web/FTP Sites. Acceptable use of Company’s web/FTP space does NOT include: Distribution of illegal pornographic or otherwise indecent or offending materials, distribution of restricted software or materials in violation of copyrights or distribution licenses, or any other illegal activity prohibited under Paragraph 3, above.
11. Theft of Service. You must notify Company immediately if you become aware at any time that your service is being stolen, fraudulently used or otherwise being used in an unauthorized manner. When you provide such notification, you must provide your account number and a detailed description of the circumstances of the theft, fraudulent or abusive use of service. Failure to do so in a timely manner may result in the disconnection of your service, additional charges to you, and civil or criminal liability. Until such time as Company receives notice of the theft, fraudulent use or abusive use, you will be liable for all stolen, fraudulent or abusive use of service. Company reserves all of its rights at law and equity to proceed against anyone who uses service illegally or improperly.
12. Indemnification. By activating or using service, you agree to use service only for authorized, lawful purposes in accordance with this AUP and your Agreement. In addition to being subject to other remedies, liabilities and obligations under law or applicable agreements, you shall defend, indemnify, and hold Company harmless from any claims, damages, losses, or expenses (including without limitation attorneys’ fees and legal costs) incurred in connection with all claims, suits, judgments and causes of action for damages arising from the breach by you or your Users of any provision of this AUP. Company shall not be liable to customers or third parties for any loss, costs, or damage to customer’s personal computer or the contents thereof caused by or resulting from Company’s performance of Remote PC Support Services for customer, and customer shall indemnify and hold Company harmless therefore.
13. Termination of Service. Company has the right to terminate access to or use of this service as provided in this AUP and your Agreement. Access to and use of service is subject to strict compliance with law and applicable agreements.
14. Modifications. Company may modify the terms and conditions of this AUP in a commercially reasonable manner from time to time and shall provide you notice of such changes by publication on our website, bill message or other commercially reasonable notice. Your use of service following such notice constitutes your agreement to the modified terms and conditions.
15. Survival. The provisions of this AUP that by their sense and context are intended to survive the discontinuance or disconnection of your use of service shall survive such discontinuance or disconnection.
16. Governing Law. This AUP and the relationship between you and Company shall be governed by and construed in accordance with the substantive laws of the State of Iowa, without regard to the principles of conflict of law.
17. No Waiver of Rights. Company’s failure to exercise or enforce any right under or provision of this AUP shall not constitute a waiver of such right or provision.
18. Severability. If any part or provision of this AUP is legally declared invalid or unenforceable, that part or provision will be construed consistent with applicable law as nearly as possible, and the remaining parts and provisions will remain in full force and effect. Such invalidity or non-enforceability will not invalidate or render unenforceable any other part or provision of this AUP.
19. Applicability to Attached Sites. Sites directly attached to Company backbone are expected to adhere to Company acceptable use policies. The individual who signed the contract is responsible for educating site users on acceptable use policies. Violations of the AUP by directly attached sites will be referred to the account owner for resolution. The account owner will be held responsible for any violations of the AUP.
20. Important Customer Information. In addition to the terms and conditions set forth in this AUP, service is subject to your Agreement, which you should read carefully before activating or using service. For additional terms and conditions of service, refer to your Agreement, or speak with a customer service representative.

IMPORTANT: BY SIGNING THIS AGREEMENT AND/OR ACTIVATING OR USING SERVICE, YOU AGREE TO COMPLY WITH ALL OF THE APPLICABLE TERMS, PROVISIONS AND CONDITIONS CONTAINED IN THE SERVICE APPLICATION, SERVICE AGREEMENT AND ANY APPLICABLE SERVICE TARIFFS, THIS ACCEPTABLE USE POLICY, THE TERMS AND CONDITIONS OF SERVICE, AND YOUR SELECTED SERVICE PLAN OR SERVICE PACKAGE. IF YOU DO NOT ACCEPT THESE TERMS AND CONDITIONS OF SERVICE, PLEASE NOTIFY US PRIOR TO INSTALLATION AND WE WILL CANCEL YOUR SERVICE.

Clear Lake Independent Telephone Company is also known as:

• CLtel
• Clear Lake Independent Telephone
• Clear Lake Independent Telephone Company, Inc.
• Clear Lake Telephone

Its subsidiaries include but are not limited to:

• Northland Communications, Inc.
• SkyBlue Solutions, LLC
• CLtel Long Distance, Inc.
• Ventura Telephone Company

CLtel is happy to work with you to resolve any Television Closed Captioning complaints. Please write, call, email or fax your complaint to:

CLtel
Attn: Tom Lovell
CLtel
PO Box 66
Clear Lake, IA 50428

Phone: 641-357-2111
Fax: 641-357-8800

Email: cltel@www.cltel.com

This CLtel WiFi Mobile Application End User License Agreement (“Agreement”) is a binding agreement between you (“End User” or “you”) and Clear Lake Independent Telephone Company (“CLtel”). This Agreement governs your use of the CLtel WiFi Mobile Application through the Apple App Store, including all related documentation, (the “App”). The App is licensed, not sold, to you.

BY CLICKING THE “ACCEPT” BUTTON BELOW OR CHECKING “I ACCEPT THE TERMS AND CONDITIONS” ON THE APP REGISTRATION PAGE, YOU (A) ACKNOWLEDGE THAT YOU HAVE READ AND UNDERSTAND THIS AGREEMENT; (B) REPRESENT THAT YOU ARE OF LEGAL AGE TO ENTER INTO A BINDING AGREEMENT; AND (C) ACCEPT THIS AGREEMENT AND AGREE THAT YOU ARE LEGALLY BOUND BY ITS TERMS. IF YOU DO NOT AGREE TO THESE TERMS, CLICK “DECLINE” BELOW AND DO NOT USE THE APP.

1. License Grant. Subject to the terms of this Agreement, CLtel grants you a limited, non-exclusive, and nontransferable license to download, install, and use the App for your personal, non-commercial use on a mobile device owned or otherwise controlled by you (“Mobile Device”) strictly in accordance with the App’s documentation. This license is provided to you free of charge.
2. License Restrictions. Licensee shall not:
   1. copy the App, except as expressly permitted by this license;
   2. modify, translate, adapt, or otherwise create derivative works or improvements, whether or not patentable, copyrightable or registrable under intellectual property laws, of the App;
   3. reverse engineer, disassemble, decompile, decode, or otherwise attempt
   4. remove, delete, alter, or obscure any trademarks or any copyright, trademark, patent, or other intellectual property or proprietary rights notices from the App, including any copy thereof;
   5. rent, lease, lend, sell, sublicense, assign, distribute, publish, transfer, or otherwise make available the App, or any features or functionality of the App, to any third party for any reason, including by making the App available on a network where it is capable of being accessed by more than one device at any time;
   6. remove, disable, circumvent, or otherwise create or implement any workaround to any copy protection, rights management, or security features in or protecting the App; or
   7. use the App in, or in association with, the design, construction, maintenance, or operation of any hazardous environments or systems, including any power generation systems; aircraft navigation or communication systems, air traffic control systems, or any other transport management systems; safety-critical applications, including medical or life-support systems, vehicle operation applications or any police, fire, or other safety response systems; and military or aerospace applications, weapons systems, or environments.
3. Reservation of Rights. You acknowledge and agree that the App is provided under license, and not sold, to you. You do not acquire any ownership interest in the App under this Agreement, or any other rights thereto other than to use the App in accordance with the license granted, and subject to all terms, conditions, and restrictions, under this Agreement. CLtel reserves and shall retain its entire right, title, and interest in and to the App, including all copyrights, trademarks, and other intellectual property rights therein or relating thereto, except as expressly granted to you in this Agreement.
4. Collection and Use of Your Information.
   1. You acknowledge that when you download, install, or use the App, CLtel may collect information about your Mobile Device and about your use of the App. You also may be required to provide certain information about yourself as a condition to downloading, installing, or using the App or certain of its features or functionality. When you download, register with, or use the App, we may ask you to provide information by which you may be personally identified, such as name, email address, telephone number, or any other identifier by which you may be contacted online or offline (“personal information”) and that is about you but individually does not identify you, such as your password, and your router’s MAC address and serial number. This information includes information that you provide by filling in forms in the App and information provided at the time of registering to use the App. We may also ask you for information when you report a problem with the App and keep records and copies of your correspondence (including email addresses and phone numbers), if you contact us. Additionally, you may provide personal or other information to your internet service provider and other third parties that may be provided to us by your internet service provider and displayed on the App through your use of the App. The provision of this information by you to these third parties may be subject to such third parties’ terms and conditions. CLtel does not assume and will not have any liability or responsibility to you or any other person or entity for such information.
   2. We use information that we collect about you, that you provide to us, or that we receive from your internet service provider, including any personal information, to provide you with the App and its contents, and any other information, including any in-App notifications related to your use of the App, fulfill any other purpose for which you provide it and/or carry out our obligations and enforce our rights arising from any contracts entered into between you and us. Your internet service provider may also use information that we collect about you to contact you about goods and services offered by your internet service provider or other third parties that may be of interest to you by sending you emails or in-App notifications. If you do not want us to use your information in this way, please do not use the App and delete your account. If you agree to let us use your information in this way but do not wish to receive in-App notifications, you may adjust your push notification preferences in your account profile.All information we collect through or in connection with this App is subject to our Privacy Policy (accessible at https://www.cltel.com/legal/#legal-disclaimer). By downloading, installing, using, and providing information to or through this App, you consent to all actions taken by us with respect to your information in compliance with the Privacy Policy. We may update our Privacy Policy from time to time and updated versions will be posted on the link provided in this section.
5. Information You Provide to Third Parties. You acknowledge that you may provide personal or other information to your internet services provider and other third parties, that may be displayed by Calix on the App through your use of the App. The provision of this information by you to these third parties may be subject to such third parties’ terms and conditions. CLtel does not assume and will not have any liability or responsibility to you or any other person or entity for such information. The App may display, include, or make available content (including data, information, applications, and other products, services, and/or materials) from your internet service provider including data based on your service selections, instructions and/or consent to your internet service provider.
6. Updates. CLtel may from time to time in its sole discretion develop and provide App updates, which may include upgrades, bug fixes, patches, other error corrections, and/or new features (collectively, including related documentation, “Updates”). Updates may also modify or delete in their entirety certain features and functionality. You agree that CLtel has no obligation to provide any Updates or to continue to provide or enable any particular features or functionality. Based on your Mobile Device settings, when your Mobile Device is connected to the internet either:
   1. the App will automatically download and install all available Updates; or
   2. you may receive notice of or be prompted to download and install available Updates.
      You shall promptly download and install all Updates and acknowledge and agree that the App or portions thereof may not properly operate should you fail to do so. You further agree that all Updates will be deemed part of the App and be subject to all terms and conditions of this Agreement.
7. Third-Party Materials. At the request of your internet service provider, we may display, include, or make available on the App content from third parties or provide links to third-party websites or services, including through third-party advertising (“Third-Party Materials”). You acknowledge and agree that CLtel is not responsible for Third-Party Materials, including their accuracy, completeness, timeliness, validity, copyright compliance, legality, decency, quality, or any other aspect thereof. CLtel does not assume and will not have any liability or responsibility to you or any other person or entity for any Third-Party Materials. Third-Party Materials and links thereto are provided solely as a convenience to you, and you access and use them entirely at your own risk and subject to such third parties’ terms and conditions. If you do not wish to have such Third Party Materials displayed or sent to you, you may adjust the push notification preferences in your account profile or delete the App.
8. Term and Termination.
   1. The term of Agreement commences when you acknowledge your acceptance and will continue in effect until terminated by you or CLtel as set forth in this Section 8.
   2. You may terminate this Agreement by deleting your CLtel WiFi account and the App (and all copies thereof) from your Mobile Device(s). Please note that deleting your CLtel WiFi account will not delete your account(s) with your internet service provider for related services.
   3. CLtel may terminate this Agreement at any time without notice if it ceases to support the App, which CLtel may do in its sole discretion. In addition, this Agreement will terminate immediately and automatically without any notice if you violate any of the terms and conditions of this Agreement.
   4. Upon termination:
      1. all rights granted to you under this Agreement will also terminate; and
      2. you must cease all use of the App and delete all copies of the App from your Mobile Device(s).
   5. Termination will not limit any of CLtel’s rights or remedies at law or in equity.
9. Disclaimer of Warranties. THE APP IS PROVIDED TO YOU “AS IS” AND WITH ALL FAULTS AND DEFECTS WITHOUT WARRANTY OF ANY KIND. TO THE MAXIMUM EXTENT PERMITTED UNDER APPLICABLE LAW, CL TEL, ON ITS OWN BEHALF AND ON BEHALF OF ITS AFFILIATES, EXPRESSLY DISCLAIMS ALL WARRANTIES, WHETHER EXPRESS, IMPLIED, STATUTORY, OR OTHERWISE, WITH RESPECT TO THE APPLICATION, INCLUDING ALL IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NON-INFRINGEMENT, AND WARRANTIES THAT MAY ARISE OUT OF COURSE OF DEALING, COURSE OF PERFORMANCE, USAGE, OR TRADE PRACTICE. WITHOUT LIMITATION TO THE FOREGOING, CLtel PROVIDES NO WARRANTY OR UNDERTAKING, AND MAKES NO REPRESENTATION OF ANY KIND THAT THE APP WILL MEET YOUR REQUIREMENTS, ACHIEVE ANY INTENDED RESULTS, BE COMPATIBLE, OR WORK WITH ANY OTHER SOFTWARE, APPLICATIONS, SYSTEMS, OR SERVICES, OPERATE WITHOUT INTERRUPTION, MEET ANY PERFORMANCE OR RELIABILITY STANDARDS, OR BE ERROR-FREE, OR THAT ANY ERRORS OR DEFECTS CAN OR WILL BE CORRECTED.SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF OR LIMITATIONS ON IMPLIED WARRANTIES OR THE LIMITATIONS ON THE APPLICABLE STATUTORY RIGHTS OF A CONSUMER, SO SOME OR ALL OF THE ABOVE EXCLUSIONS AND LIMITATIONS MAY NOT APPLY TO YOU.
10. Limitation of Liability. TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT WILL CL TEL OR ITS AFFILIATES, OR ANY OF ITS OR THEIR RESPECTIVE LICENSORS OR SERVICE PROVIDERS, HAVE ANY LIABILITY ARISING FROM OR RELATED TO YOUR USE OF OR INABILITY TO USE THE APP FOR:
    1. PERSONAL INJURY, PROPERTY DAMAGE, LOST PROFITS, COST OF SUBSTITUTE GOODS OR SERVICES, LOSS OF DATA, LOSS OF GOODWILL, BUSINESS INTERRUPTION, COMPUTER FAILURE OR MALFUNCTION, OR ANY OTHER CONSEQUENTIAL, INCIDENTAL, INDIRECT, EXEMPLARY, SPECIAL, OR PUNITIVE DAMAGES.
    2. DIRECT DAMAGES IN AN AMOUNT THAT IN THE AGGREGATE EXCEED $100.⁰⁰ US.THE FOREGOING LIMITATIONS WILL APPLY WHETHER SUCH DAMAGES ARISE OUT OF BREACH OF CONTRACT, TORT (INCLUDING NEGLIGENCE), OR OTHERWISE AND REGARDLESS OF WHETHER SUCH DAMAGES WERE FORESEEABLE OR CL TEL WAS ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. SOME JURISDICTIONS DO NOT ALLOW CERTAIN LIMITATIONS OF LIABILITY SO SOME OR ALL OF THE ABOVE LIMITATIONS OF LIABILITY MAY NOT APPLY TO YOU.
11. Indemnification. You agree to indemnify, defend, and hold harmless CLtel and its officers, directors, employees, agents, affiliates, successors, and assigns from and against any and all losses, damages, liabilities, deficiencies, claims, actions, judgments, settlements, interest, awards, penalties, fines, costs, or expenses of whatever kind, including reasonable attorneys’ fees, arising from or relating to your use or misuse of the App or your breach of this Agreement, including but not limited to the content you submit or make available through this App.
12. Export Regulation. The App may be subject to US export control laws, including the US Export Administration Act and its associated regulations. You shall not, directly or indirectly, export, re-export, or release the App to, or make the App accessible from, any jurisdiction or country to which export, re-export, or release is prohibited by law, rule, or regulation. You shall comply with all applicable federal laws, regulations, and rules, and complete all required undertakings (including obtaining any necessary export license or other governmental approval), prior to exporting, re-exporting, releasing, or otherwise making the Application available outside the US.
13. Severability. If any provision of this Agreement is illegal or unenforceable under applicable law, the remainder of the provision will be amended to achieve as closely as possible the effect of the original term and all other provisions of this Agreement will continue in full force and effect.
14. Governing Law and Dispute Resolution. This Agreement shall be governed by the laws of the state of California, excluding its choice of law rules. The United Nations Convention for the International Sale of Goods shall in no event apply to this Agreement. Any and all dispute, claim or controversy arising out of or relating to this Agreement or the breach, termination, enforcement, interpretation or validity thereof, including the determination of the scope or applicability of this agreement to arbitrate, shall be determined by arbitration held in San Francisco, California before one neutral arbitrator. THE PARTIES UNDERSTAND AND AGREE THAT THEY ARE WAIVING THEIR RIGHT TO BRING SUCH CLAIMS TO COURT, INCLUDING THE RIGHT TO A JURY TRIAL. The arbitration proceedings shall be administered by JAMS pursuant to its Comprehensive Arbitration Rules and Procedures, which are incorporated herein by reference, as may be modified by the provisions in this Section. The arbitration and proceedings shall be confidential. Either party may file pre-hearing motions directed at the legal sufficiency of a claim or defense equivalent to a demurrer or summary judgment prior to the arbitration hearing. The arbitrator will issue a detailed written decision and award, resolving the dispute. The arbitrator’s written opinion and award shall decide all issues submitted and set forth the legal principles supporting each part of the opinion, and shall be final and binding upon the parties. The arbitrator shall be authorized to grant any temporary, preliminary or permanent equitable remedy or relief the arbitrator deems just and equitable and within the scope of this arbitration agreement, including an injunction or order for specific performance. The arbitrator may award fees, costs, and reasonable attorneys’ fees to the party who substantially prevails in the arbitration. Judgment on the arbitral award may be entered in any court of competent jurisdiction. This clause shall not preclude the parties from seeking provisional remedies in aid of arbitration from a court of appropriate jurisdiction.
15. Entire Agreement. This Agreement and our Privacy Policy constitute the entire agreement between you and CLtel with respect to the App and supersede all prior or contemporaneous understandings and agreements, whether written or oral, with respect to the App.
16. Waiver. No failure to exercise, and no delay in exercising, on the part of either party, any right or any power hereunder shall operate as a waiver thereof, nor shall any single or partial exercise of any right or power hereunder preclude further exercise of that or any other right hereunder. In the event of a conflict between this Agreement and any applicable purchase or other terms, the terms of this Agreement shall govern.

Your privacy matters to us. We pledge to protect your privacy and keep your trust. As we provide services to you, we gather information about the quality, technical configuration, type, destination, and amount of products and services you use. We also gather data during application processes. This information is known as Customer Proprietary Network Information (CPNI) and Nonpublic Personal Information. Under federal law, you have a right and CLtel has a duty, to protect the confidentiality of your CPNI. CLtel will not disclose or sell this information, unless required to do so by law; or upon receipt of an affirmative written request by a customer. CLtel may share or permit access to your CPNI on a limited, as-needed basis with trusted agents and contractors (billing and technical support vendors) that assist us in providing services. They share a duty to protect your CPNI. Know that we limit access to your personal information to employees, agents or contractors who must use the information to provide products and services to you. Further sharing of this information is restricted by our employee handbook, non-disclosure agreements and the law, in order to guard your personal information.

As in the past and continuing into the future, CLtel respects your privacy and complies with the privacy rules mandated by the Federal Communications Commission, Iowa Utilities Board, and any other telecommunications regulatory agencies. We do not sell your private account information or provide your telephone call detail information to outside entities for marketing purposes. The protection of your information is important to us and we acknowledge that you have a right, and we have a duty, under federal law, to protect the confidentiality of your Customer Proprietary Network Information (CPNI). On occasion, we may like to make you aware of additional products or services available from us outside the existing business relationship. For example, if you have our local voice service, you may be interested in our long distance packages. However, because of the FCC rules on CPNI, you have the option of being excluded from such internal targeted marketing services by notifying us that you would not like this information. CPNI is information created by virtue of the relationship between a carrier and a customer, including the quantity, technical configuration, type, destination, location, and amount of use of a customer’s telecommunications services purchased (including specific calls a customer makes and receives) and related local and toll billing information. It does not include published information such as one’s name, address, or telephone number. We would like the opportunity to continue to better serve you by notifying you of our additional products and services. You do, however, have the right to opt-out of hearing about these products and services. If you would like to continue being notified about the products and services based upon your current services with us, there is no action needed on your part. However, if you would like to “opt-out,” please notify us in writing that you would not like us to inform you of the products and services outside of your existing scope of service with us based upon the use of your CPNI. Please send written notice to CLtel, 107 N. 4th Street, Clear Lake, IA 50428. Unless you provide us with notice that you wish to opt-out within 30 days of the date of this notice, we will assume that you give us the right to utilize your CPNI for internal marketing campaigns. Please be advised that if you do not opt out, your consent will remain valid until we receive your notice withdrawing it. If you wish to withdraw your consent at any time, you may do so by sending us written notice. Furthermore, note that opting out will not affect the status of the services you currently have with CLtel. In addition, please note that we can disclose your CPNI to comply with any laws, court order or subpoena or to provide services to you, pursuant to your Application for Service.

CLtel’s website design and contents are copyright 2021, all rights reserved. Material contents of CLtel’s’ website may not be published, rewritten, redistributed, or broadcast. CLtel provides “hyperlinks” to other Internet websites that contain information created, published, maintained, or otherwise posted by institutions, or organizations independent of CLtel. CLtel does not endorse, approve, certify, or control those external web sites and the company does not guarantee the accuracy, completeness, efficacy, or timeliness of information located at those sites. Use of any information obtained from those web sites is voluntary, and reliance on that information should only be undertaken after an independent review of its accuracy. Reference on CLtel’s website or any “link” to external websites to any specific commercial product, process, or service by trade name, trademark, service mark, or otherwise does not constitute or imply endorsement, recommendation, or favoring by CLtel. If you have any questions, please email cltel@www.cltel.com.

CLEAR LAKE INDEPENDENT TELEPHONE COMPANY NETWORK TRANSPARENCY STATEMENT

Clear Lake Independent Telephone Company (“CLtel” or “Company”) provides this Network Transparency Statement in accordance with the FCC’s Restore Internet Freedom Rules to ensure that you have sufficient information to make informed choices about the purchase of broadband services. Information about CLtel’s other policies and practices concerning broadband are available at www.cltel.com (“CLtel Website”).

CLtel engages in network management practices that are tailored and appropriate for achieving optimization on the network considering the particular network architecture and technology of its broadband Internet access service. CLtel’s goal is to ensure that all of its customers experience a safe and secure broadband Internet environment that is fast, reliable and affordable. CLtel wants its customers to enjoy all that the Internet has to offer, whether it is social networking, streaming videos and music, or communicating through email and videoconferencing.

CLtel’s network management includes congestion and security-protocol-management and customers generally will not be impacted by the protocols and practices that CLtel uses to manage its network.

1. CLtel’s Network Transparency Disclosures
   CLtel uses various tools and industry standard techniques to manage its network and deliver fast, secure and reliable Internet service. CLtel believes in full transparency and provides the following disclosures about its network management practices:
   1. Blocking: CLtel does not block or discriminate against lawful content.
   2. Throttling: CLtel does not throttle, impair or degrade lawful Internet traffic.
   3. Affiliated Prioritization: CLtel does not prioritize Internet traffic and has no plans to do so.
   4. Paid Prioritization: CLtel has never engaged in paid prioritization. We don’t prioritize Internet traffic for consideration to benefit particular content, applications, services or devices. CLtel does not have plans to enter into paid prioritization deals to create fast lanes.
   5. Congestion Management: CLtel monitors the connections on its network in the aggregate on a daily basis to determine the rate of utilization. If congestion emerges on the network, CLtel will take the appropriate measures to relieve congestion. On CLtel’s network, all customers have access to all legal services, applications and content online and, in the event of congestion, most Internet activities will be unaffected. Some customers, however, may experience longer download or upload times, or slower surf speeds on the web if instances of congestion do occur on CLtel’s network. Customers using conduct that abuses or threatens the CLtel network or which violates the company’s Acceptable Use Policy will be asked to stop any such use immediately. A failure to respond or to cease any such conduct could result in service suspension or termination. CLtel’s network and congestion management practices are ‘application-agnostic’, based on current network conditions, and are not implemented on the basis of customers’ online activities, protocols or applications. CLtel’s network management practices do not relate to any particular customer’s aggregate monthly data usage.CLtel monitors its network on a daily basis to determine utilization on its network. CLtel also checks for abnormal traffic flows, network security breaches, malware, loss, and damage to the network. If a breach is detected or high volume users are brought to light by complaint, CLtel provides notification to the customer via email or phone. If a violation of CLtel’s policies has occurred and such violation is not remedied, CLtel will seek to suspend or terminate that customer’s service.
   6. Application-Specific Behavior: Except as may be provided elsewhere herein, CLtel does not currently engage in any application-specific behaviors on its network. Customers may use any lawful applications with CLtel.
   7. Device Attachment Rules: Customers must use PPPoE for authentication of point to point connections between devices on the network. There is a limit of one (1) PPPoE session per account. For best results, DSL modems, wireless modems, or other proprietary network gateways used on the CLtel broadband network should be provided by CLtel. Customers may attach devices of their choosing to their modems, including wired or wireless routers, laptops, desktop computers, video game systems, televisions, or other network-enabled electronics equipment. However, customers are responsible for ensuring that their equipment does not harm CLtel’s network or impair the service of other customers. CLtel is not responsible for the functionality or compatibility of any equipment provided by its customers. Customers are responsible for securing their own equipment to prevent unauthorized access to CLtel’s broadband network by third parties and will be held responsible for the actions of such third parties who gain unauthorized access through unsecured customer equipment.
   8. Network Security: CLtel knows the importance of securing its network and customers from network threats and annoyances. The company promotes the security of its network and patrons by protections from such threats as spam, viruses, firewall issues, and phishing schemes. CLtel also deploys spam filters in order to divert spam from an online customer’s email inbox into a quarantine file while allowing the customer to control which emails are identified as spam. Customers may access the spam files through the email. Spam files are automatically deleted if not accessed within 30 days.As its normal practice, CLtel does not block any protocols, content or traffic for purposes of network management, but CLtel may block or limit such traffic as spam, viruses, malware, or denial of service attacks to protect network integrity and the security of our customers.
2. Network Performance
   1. Service Descriptions
      CLtel deploys Internet access to its subscribers through hardwired broadband access (Fiber-to-the-Home and DSL).
   2. Network Performance
      CLtel makes every effort to support advertised speeds and will dispatch repair technicians to customer sites to perform speed tests as needed to troubleshoot and resolve speed and application performance caused by CLtel’s network. CLtel measures availability, latency, and aggregate utilization on the network and strives to meet internal service level targets.
      The “actual” speed that a customer will experience while using the Internet depends upon a variety of conditions, many of which are beyond the control of an ISP such as CLtel. These conditions include:
      1. Performance of a customer’s computer. including its age, processing capability, its operating system, the number of applications running simultaneously, and the presence of any adware and viruses.
      2. Type of connection between a customer’s computer and modem. For example, wireless connections may be slower than direct connections into a router or modem. Wireless connections also may be subject to greater fluctuations, interference and congestion. CLtel does not recommend wireless modem connections for use with its higher speed tiers as many wireless connections do not perform at the speeds delivered by these tiers.
      3. The distance packets travel (round trip time of packets) between a customer’s computer and its final destination on the Internet, including the number and quality of the networks of various operators in the transmission path. The Internet is a “network of networks.” A customer’s connection may traverse the networks of multiple providers before reaching its destination, and the limitations of those networks will most likely affect the overall speed of that Internet connection.
      4. Congestion or high usage levels at the website or destination. If a large number of visitors are accessing a site or particular destination at the same time, your connection will be affected if the site or destination does not have sufficient capacity to serve all of the visitors efficiently.
      5. Gating of speeds or access by the website or destination. In order to control traffic or performance, many websites limit the speeds at which a visitor can download from their site. Those limitations will carry through to a customer’s connection.
      6. The performance of the modem you have installed. Modem performance may degrade over time, and certain modems are not capable of handling higher speeds. This is the reason that CLtel, like all other ISPs, advertises speeds as “up to” a particular level and does not guarantee them.

      To ensure CLtel’s Internet backbone is not oversubscribed, CLtel measures Internet backbone capacity continuously through MRTG. All services are best-effort.

      Additionally, CLtel tests each service for actual and expected access speeds at the time of network installation to demonstrate that the service is capable of supporting the advertised speed. Customers may also test their actual speeds using the speed test located at http://speedtest.cltel.com/ on CLtel’s website and may request assistance by calling our business office at 1-800-642-6201 or by email at cltel@www.cltel.com. Based on the network information CLtel receives from its monitoring efforts, CLtel’s network is delivering data transmission rates advertised for the different high-speed Internet services. To be sure, CLtel has implemented a program of testing the performance of its network by using a test protocol similar to the one sanctioned by the FCC. We have installed specific network performance monitoring equipment across our network and routinely conduct tests using this equipment in conjunction with diagnostic software from Calix. CLtel reports the results of this testing below. This result applies to upload and download data rates, latency, and for measurements made both at peak times and over a 24-hour period:

      

   3. Impact of Non-BIAS Data Services
      The FCC has defined Non-Broadband Internet Access Services (Non-BIAS) to include services offered by broadband providers that share capacity with Broadband Internet Access Services (BIAS) (previously known as “Specialized Services”) also offered by the provider over the last-mile facilities. Real time services, such as Non-BIAS services, include Voice over Internet Protocol (VoIP) and Internet Protocol (IP) video services, command optimal bandwidth. As Non-BIAS traffic is combined with general Internet traffic on CLtel’s network, broadband customers could experience service delays, although very unlikely, if there is an occurrence of congestion on CLtel’s network. In any such event, the Non-BIAS traffic is given priority over general Internet traffic.CLtel provides Voice-over-the-Internet-Protocol (VoIP) to some Fiber-to-the-Home and DSL customers. The VoIP traffic uses private RFC 1918 addresses, dedicated paths for VoIP and QoS on the routers/switches it touches. The QoS priority is based on the source and destination IP. Where VoIP traffic is combined with best effort Internet traffic and QoS priority is employed, the network could endure marginal delays if there are instances of bandwidth contention, although very unlikely.The Company offers IP video service to end-users. This non-BIAS data service does not adversely affect the last-mile capacity available for the Company’s broadband Internet access services, or the performance of such services. Customers should note that significantly heavier use of non-BIAS services (particularly IP video services) may impact the available capacity for and/or the performance of its broadband Internet access services. The Company will monitor this situation and appreciates feedback from its customers.
3. Commercial Terms
   
   1. Pricing
      All CLtel Internet services include unlimited data; there are no data caps or fees for heavy usage. Prices above are for residential, non-bundled pricing only. See Services Catalog for a full list of our services for both residential and business customers.
   2. Privacy Policies
      In addition to this Network Transparency Statement, patrons may also find links to the following on the CLtel website at www.cltel.com/legal.
   3. Redress Options
      For questions, complaints or requests for additional information, please contact CLtel at:
      Business Office: 1-800-642-6201 or 641-357-2111
      Email: cltel@www.cltel.com

Last revision: 01 January 2022

Clear Lake Independent Telephone Company has provided this privacy statement in order to demonstrate our firm commitment to your privacy. The following policy discloses our information gathering and dissemination practices for Clear Lake Independent Telephone Company.

• Information
  Clear Lake Independent Telephone Company is the sole owner of the information collected on its website.
• Viewer Privacy
  Clear Lake Independent Telephone Company does not sell any personal information to third parties. We only use personal information to provision services for customers or recommend appropriate services.
• IP Addresses
  We collect and store information about your Internet connection when you visit our Website to read or download information, such as reports, news, etc. We use this information to track Website use, measure site traffic, and improve site navigation and information. We collect information that identifies:
  • The name of the domain you access the Internet with
  • The type of web browsing software you use to view our site
  • The date and time of your access
  • The platform you are using (i.e. Windows, Macintosh or Unix)

  This information is never sold to third parties. This information is used internally to administer our website, provide better services to the public, and provide aggregate traffic statistics to Clear Lake Independent Telephone Company staff.

• Hyperlinks
  Additionally, this site contains links to other sites. Clear Lake Independent Telephone Company is not responsible for the privacy practices or the content of such Web sites unless operated directly by Clear Lake Independent Telephone Company. We encourage you to note when you leave our website and read the privacy statements of each website that collects personally identifiable information.
• Mobile Applications
  Clear Lake Independent Telephone Company collects and processes information provided directly by you when you install our mobile application(s) (“Apps”) and register for an account to use the application(s). Specifically, this information includes:
  • Your name, email address, location, phone number.
  • Browser information and session cookies related to your access and use of the App.
  • Data insights Clear Lake Independent Telephone Company attains based on correlation and analytics of your information collected in providing the Apps, which may be used in aggregated and disaggregated formats or to obtain trend analytics, to provide the Apps; and
  • Use of the above-described collected information in aggregated and disaggregated formats to enhance our current Apps or to provide App features.

  Clear Lake Independent Telephone Company uses the information collected as described in this Privacy Policy, including personal information, to:

  • Provide you with the Apps as described in the Terms and Conditions.
  • Implement, improve and/or enhance the Apps, including to make future releases available to you.
  • Carry out Clear Lake Independent Telephone Company obligations as described or authorized in the Terms and Conditions and this Privacy Policy.
  • Enforce Clear Lake Independent Telephone Company rights arising from the Agreement between you and Clear Lake Independent Telephone Company; and
  • Fulfill any other purpose authorized by you and reasonably required for the Apps.
• Acceptance and Jurisdiction
  By using Clear Lake Independent Telephone Company’s website or mobile applications, you agree that you have read, understand, and will abide and be bound by the terms of this Web Site Privacy Policy (“Terms”). If you do not agree to these Terms, please do not use the Clear Lake Independent Telephone Company website. These Terms shall be governed in all respects in accordance with the laws of the State of Iowa without regard to the conflict or choice of law rules thereof. Courts sitting in the State of Iowa, federal and state, shall have exclusive jurisdiction over any dispute arising hereunder. Clear Lake Independent Telephone Company reserves the right to change, modify or update this statement at any time without notice.
• Managing Your Personal Information
  • You may have a right to correct, update, delete, or request access to the Personal Information that you have provided to us. Contact us at https://www.cltel.com/contact/ if you would like to manage your personal information. These rights are limited and may not be available to you depending on where you are located.
  • For your protection, we will only implement requests with respect to Personal Information about you (not anyone else), and we may need to verify your identity before implementing your request. We may need to retain certain information for recordkeeping purposes, as required under applicable legal obligations. And even if you have a right to deletion, some of your information may remain within our systems and other records or archives, in compliance with applicable law.
• Contacting Clear Lake Independent Telephone Company
  • If you have any questions about this privacy statement, the practices of this site, or your dealings with Clear Lake Independent Telephone Company, you may contact us at the following:
    Clear Lake Independent Telephone Company
    107 N. 4th St.
    Clear Lake, Iowa 50428
    Phone: 641-357-2111
    Fax: 641-357-8800
    Email: cltel@www.cltel.com

Click here to view our Services Catalog which describes the Terms and Conditions of using our service and the prices of our services.

TERMS AND CONDITIONS
Clear Lake Independent Telephone Company and Ventura Telephone Company

1. TERMS AND CONDITIONS. These Terms and Conditions (this “Agreement”) govern your service relationship with Clear Lake Independent Telephone Company and Ventura Telephone Company (together with any subsidiaries or affiliates providing your service or related facilities, “we,” “us,” or the “Company”) for regulated and non-regulated local services such as voice, video, and data and facilities (“Service”). Previously, the Company provided Service pursuant to a Local Services Tariff filed with and approved by the Iowa Utilities Board. As a result of changes to applicable law and regulations, the Company no longer files or maintains a Local Services Tariff. Instead, we now provide Service pursuant this Agreement, including the additional Terms of Service incorporated herein by reference.The following terms and provisions of this Agreement may be amended or modified from time to time as provided herein. By accepting this Agreement, you agree to abide by future amendments or modifications made at the discretion of the Company.
2. ACCEPTANCE. Your acceptance of this Agreement occurs upon any of the following: (a) you provide a written or electronic signature expressly accepting this Agreement; (b) you orally or electronically order and/or activate Service; or (c) you use Service, following notification that this Agreement will apply to your ongoing use of such Service.
3. ADDITIONAL TERMS OF SERVICE. We provide Service pursuant to a certificate of public convenience and necessity issued by the Iowa Utilities Board. We provide Service subject to our “Terms of Service,” including: (a) this Agreement (b) our Service Catalog, which is incorporated herein by reference; (c) our applicable Service Guides and Rate Schedules, which are incorporated herein by reference and (d) applicable rules and regulations of the Iowa Utilities Board. Current versions of our Terms of Service are available in electronic form on our website at www.CLTel.com. Current versions of these documents are also available at our business office(s) and will be provided or made available to you upon request. Our Terms of Service contain the specific prices and charges, service descriptions and other terms and conditions not set forth herein which apply to Service. This Agreement incorporates by reference the prices, charges, terms and conditions included in our other Terms of Service.
4. RIGHTS AND RESPONSIBILITIES. This Agreement is our standard service agreement. Under this Agreement, we agree to provide and bill for Service, and you agree to use and pay for Service, as provided herein and in our other applicable Terms of Service. Our rights and responsibilities, and your rights and responsibilities, are as set forth in this Agreement and our other applicable Terms of Service.
5. TERM. This Agreement shall commence on the date of your acceptance and shall continue month-to-month (or, in some cases for an established minimum term), as provided in our applicable Terms of Service. Either party may terminate this Agreement or any Service in accordance with our applicable Terms of Service. Termination of this Agreement or any Service shall not waive or release your obligation to pay for Service provided prior to such termination as well as any other applicable fees and charges, as provided in our Terms of Service.
6. RATES; PAYMENT. Nonrecurring and recurring charges for Service are as set forth in our applicable Terms of Service. Except as otherwise noted, Service pricing is exclusive of applicable local, state and federal taxes and regulatory fees, assessments and surcharges. All Service charges, along with applicable local, state and federal taxes and regulatory fees, assessments and surcharges, will be itemized on your invoice. Failure to pay invoices when due may result in late payment penalties or suspension or disconnection of Service as provided in our applicable Terms of Service.
7. CHANGES TO TERMS. We reserve the right to change our Terms of Service (including rates or any other terms and conditions of Service) upon written notice to you. The notice may be provided on your monthly bill, as a bill insert, by email, on our website, or by other written communication or other form of notice permitted or required by applicable laws and regulations. If you elect not to cancel your Service and continue to use Service after the communicated effective date of any such changes, your continued use of Service will constitute acceptance of the modified Terms of Service.
8. CHANGES TO SERVICE. We may, from time to time, modify the Service to reflect improvements and other changes and modifications to our network. In addition, we reserve the right to discontinue or limit Service as required to comply with or satisfy our obligations under applicable laws or regulations, including when changes to or interpretations of such laws and regulations have a material, adverse effect on the business, technical or economic feasibility of providing Service, as determined by us in our reasonable judgment.
9. ACCESS TO SERVICE PREMISES. We may enter into, upon and over your Service premises periodically during the term of this Agreement to install, connect, inspect, maintain, repair, alter, disconnect and remove our facilities and equipment used to provide Service. To the extent the same is consistent with your ownership of the premises, you grant the Company a temporary and permanent easement to construct, install, maintain, and/or replace Service facilities and to install, connect, inspect, maintain, repair, alter, disconnect and remove all facilities and equipment necessary to provide Service. In the event you are not the owner of the premises upon which installation is requested, you warrant to the Company that you have obtained the consent of the owner of the premises for the Company to install and maintain its facilities and equipment as contemplated herein.
10. CUSTOMER PRIVACY. We collect personally identifiable information as needed to provide services to subscribers or to detect unauthorized reception of service. The use and disclosure of this personal data is governed by federal law, our privacy policy, and, to the extent not inconsistent with our privacy policy, by your Agreement. A copy of our privacy policy was provided to you at the time of initiating service and is available on our website. We will also send you a copy of our privacy policy if you send your written request to the address of our business office as shown on your invoice.
11. CREDIT CHECK; DEPOSITS. In connection with your request or application for any Service, we may conduct an investigation into your credit-worthiness, including obtaining one or more reports or ratings from one or more independent credit reporting or credit scoring agencies. We may require a deposit for you to establish or maintain Service. The deposit amount, the length of time we hold the deposit and changes to the deposit amount are determined based on your credit and payment history, our Terms of Service and any applicable laws or regulations. If Service is canceled or disconnected for any reason, we may, subject to our Terms of Service and applicable law and regulations, apply your deposit toward payment of outstanding charges.
12. SERVICE ACCOUNTS. Service accounts are assigned to customers only, and the customer in whose name the account is established will be treated as the account owner for all purposes. Account owners may designate one or more “authorized users” who will have access to account information and may make certain account changes in accordance with our policies and applicable laws and regulations. As the owner of the account, you are responsible for designating (or changing the designation) of any authorized users. You will hold the Company harmless from any claims arising from account instructions given or inquiries made by you or any authorized user. You are responsible for keeping all account and billing data with the Company up-to-date and accurate. Furnishing false data to the Company is grounds for immediate disconnection of Service and may subject you to civil or criminal liability.
13. FEDERAL LIFELINE PROGRAM. The Company is an eligible telecommunications carrier (ETC) within all or portions of its service area, meaning that it provides certain services supported by the federal Universal Service Fund, including the federal “Lifeline” program for qualifying low-income consumers. Single line, local residential service is a Lifeline-eligible service. Lifeline is a government benefit program which provides a monthly credit toward a qualified low-income subscriber’s telephone or broadband bill. Only eligible low-income consumers may enroll in the Lifeline program. Consumers who meet eligibility criteria must also complete documentation necessary for enrollment. Lifeline assistance is non-transferable, and eligible subscribers may receive assistance from only one wireline or wireless telecommunications provider per household. If you believe you may qualify for the Lifeline program, please visit our website at www.CLTel.com or contact us to discuss program details, eligibility requirements or to request a Lifeline application. Consumers who willfully make false statements in order to obtain the benefit can be punished by fine or imprisonment or can be barred from the program. To report Lifeline fraud, you may contact the Federal Communications Commission Lifeline Fraud Tip Line: 1-855-4LL-TIPS (or 1-855-455-8477) or Lifeline@fcc.gov.
14. DISCLAIMER OF WARRANTIES. EXCEPT AS OTHERWISE EXPRESSLY PROVIDED IN OUR TERMS OF SERVICE, WE MAKE NO WARRANTIES WITH RESPECT TO ANY SERVICE OR FACILITIES, EXPRESS OR IMPLIED, INCLUDING ANY WARRANTIES CONCERNING THE SPECIFIC FUNCTION OF ANY SERVICE OR FACILITIES,OR THEIR RELIABILITY, AVAILABILITY, OR ABILITY TO MEET YOUR SPECIFIC NEEDS. TO THE EXTENT PERMITTED BY LAW, WE EXPRESSLY DISCLAIM ALL IMPLIED WARRANTIES, INCLUDING BUT NOT LIMITED TO IMPLIED WARRANTIES OF SATISFACTORY QUALITY, NON-INFRINGEMENT, MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE.
15. LIMITATION ON REMEDIES. In addition to any other limitation on remedies or limitations of liability set forth in our Terms of Service or in applicable law or regulations, the Company shall not be liable for any delay or failure to provide Service at any time or from time to time, or any interruption or degradation of Service quality that is caused by any of the following: (a) an act or omission of an underlying carrier, service provider, vendor or other third party; (b) equipment, network or facility failure, including failure caused by the loss of power; (c) equipment, network or facility upgrade or modification; (d) force majeure events such as (but not limited to) acts of God, acts of nature, strikes, fire, war, riot, acts of terrorism and government actions; (e) equipment or facility shortage; (f) equipment or facility relocation; (g) any act or omission by you or any person using your Service; (h) theft, fraud or abuse of Service; or (i) any other cause that is beyond the Company’s reasonable control. TO THE EXTENT PERMITTED BY LAW, OUR TOTAL LIABILITY FOR ANY CLAIM UNDER THIS AGREEMENT, INCLUDING FOR ANY EXPRESS OR IMPLIED WARRANTIES, IS LIMITED TO THE AMOUNT YOU PAID US FOR THE AFFECTED SERVICE OR FACILITIES, WHETHER SUCH CLAIM OR REMEDY IS SOUGHT IN CONTRACT OR TORT, INCLUDING NEGLIGENCE, STRICT LIABILITY OR OTHERWISE. TO THE EXTENT PERMITTED BY LAW, WE SHALL NOT BE LIABLE TO YOU FOR ANY CONSEQUENTIAL, INCIDENTAL, INDIRECT, PUNITIVE, SPECIAL OR TREBLED OR ENHANCED DAMAGES, INCLUDING, BUT NOT LIMITED TO LOST PROFITS, LOST BUSINESS, OR OTHER COMMERCIAL OR ECONOMIC LOSS, WHETHER SUCH DAMAGES ARE CLAIMED FOR BREACH OF CONTRACT, NEGLIGENCE OR OTHERWISE AND WHETHER OR NOT WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
16. INDEMNIFICATION. You agree to indemnify the Company and our affiliates, officers, agents and employees from any liability or expense arising from claims, losses, damages, suits, judgments, litigation costs and attorneys’ fees arising from or related to your abuse or misuse of Service, or any other violation of this Agreement or our other Terms of Service.
17. ADDITIONAL SERVICES. Our telecommunications and communications services are diverse, and not all services we provide are regulated services. This Agreement and the other Terms of Service identified herein apply to local exchange services regulated by the Iowa Utilities Board as well as other non-regulated services. Unless otherwise specified, non-regulated services may be subject to other service contracts or terms and conditions of service provided or made available to customers in connection with those products and services.
18. ACCEPTABLE USE OF BROADBAND INTERNET SERVICE. This Acceptable Use Policy (“AUP”) governs Broadband Internet Service provided to you by The Company. The terms and provisions of this AUP are without limitation of any rights to suspend or terminate service that The Company otherwise possesses under this Agreement.
    1. APPLICABILITY. This AUP applies to you as a customer and to any other person, authorized or abusive, using your service (each such person, a “User”). For purposes of this AUP, your use includes, and you are responsible for, the use of all Users who access service through your account. It is your responsibility to take precautions to limit access to service to approved Users.
    2. COMPLIANCE REQUIRED. Pursuant to your Agreement, all customers have agreed to and must comply with this AUP. Company reserves the right to terminate or suspend service immediately or to otherwise disconnect, remove, block, filter or restrict your use of service if Company determines, in its sole discretion, that such use is illegal or violates this AUP. Company will cooperate with legal authorities and/or third parties in the investigation of any suspected or alleged crime or civil wrong. If Company believes that you have used service for an unlawful or abusive purpose, Company may forward the relevant communication and other information, including your identity, to the appropriate authorities for investigation and prosecution. You hereby consent to Company’s forwarding of any such communications and information to these authorities. In addition, Company may provide information in response to law enforcement requests, lawful government requests, subpoenas, court orders, to protect its rights and property and in the case where failure to disclose the information may lead to imminent harm to you or others. Company also reserves the right to take action on abuse which is not specifically named in this AUP at the sole discretion of Company. Use of the Company’s systems and network constitutes understanding and agreement of this policy.
    3. PROHIBITED USES AND ACTIVITIES. This AUP identifies certain uses and activities that Company considers to be unlawful or abusive and therefore strictly prohibited. The examples listed herein are non-exclusive and are provided solely for guidance to customers. Company, at its sole discretion, reserves the right to discontinue service for any unlawful, prohibited, or abusive use. In the event of uncertainty as to whether any contemplated use or activity is permitted, please contact a customer service representative for assistance. In addition to any other illegal or abusive uses or activities, the following constitute violations of this AUP:
       1. Unlawful Use: Using service in any manner that violates local, state or federal law, including without limitation using service to transmit any material (by e-mail or otherwise) whose transmission is unlawful under any local, state or federal law applicable to such transmission.
       2. Copyright or Trademark Infringement: Using service to transmit any material (by e-mail, bit torrent software, direct download, FTP sites or otherwise) that infringes any copyright, trademark, patent, trade secret, or other proprietary rights of Company or any third party, including, but not limited to, the unauthorized copying of copyrighted material, the digitization and distribution of photographs from magazines, books, or other copyrighted sources, the digitization and distribution of copyrighted video or music, and the unauthorized transmittal of copyrighted software.
       3. Violation of the Digital Millennium Copyright Act (DMCA): Using service to circumvent any technological measures used by copyright owners to protect their works or using service to produce or disseminate technology primarily designed or produced to circumvent DMCA protections, that have only limited commercially significant purpose or use other than to circumvent; or that are marketed for use in circumventing DMCA protections.
       4. Harm to Minors: Using service to harm, or attempt to harm, minors in any way; including but not limited to activities involving child pornography or the sexual exploitation of children.
       5. Threats: Using service to transmit any material (by e-mail or otherwise) that illegally threatens or encourages bodily harm or destruction of property.
       6. Harassment and Cyberbullying: Using service to transmit any material (by e-mail or otherwise) that unlawfully harasses another.
       7. Fraudulent Activity: Using service to make fraudulent offers to sell or buy products, items or services, or to advance any type of financial scam such as “pyramid schemes,” “Ponzi schemes”, unregistered sales of securities, securities fraud and “chain letters.”
       8. Forgery or Impersonation: Adding, removing or modifying identifying network, message or article header information in an effort to deceive or mislead is prohibited while using service. Attempting to impersonate any person by using forged headers or other identifying information is prohibited.
       9. Unsolicited Commercial E-mail/Unsolicited Bulk E-mail: Using service to transmit any unsolicited commercial e-mail or unsolicited bulk e-mail. Activities that have the effect of facilitating unsolicited commercial e-mail or unsolicited bulk e-mail, whether or not that e-mail is commercial in nature, are prohibited. Using deliberately misleading headers in e-mails sent to multiple parties is prohibited.
       10. Intentional Network Disruptions and Abusive Activity: Using service for any activity that adversely affects the ability of other people or systems to use service or third party Internet-based resources. This specifically but without limitation includes excessive consumption of network or system resources whether intentional or unintentional. This also includes “denial of service” (DoS) attacks against another network host or individual user. Interference with or disruption of other network users, network services or network equipment is prohibited. The transmission of viruses, malware, or engaging in” mail bombing,” “chat flooding,” cybersquatting, and similar unlawful behavior is also prohibited. Attempting to circumvent user authentication or security of any host, network, or account on Company’s systems or the Internet at large (“cracking”). This includes scanning or probing ports without the consent of the owner of the machine being scanned.
       11. Unauthorized Access: Using service to access, or to attempt to access without authority, the accounts of others, or to penetrate, or attempt to penetrate, security measures of Company’s or a third party’s computer software or hardware, electronic communications system, or telecommunications system, whether or not the intrusion results in disruption of service or the corruption or loss of data.
       12. Collection of Personal Data: Using service to collect, or attempt to collect, personal information about third parties without their knowledge or consent in violation of applicable state or federal law.
    4. NETWORK MANAGEMENT PRACTICES. Service is available for individual customer use only and not for resale. Reselling service without Company’s written authorization will be considered a violation of your Agreement and will result in termination of service. Pricing is based on contemplated usage not exceeding commercially reasonable limitations. Unlimited plans and features offered as part of any service may ONLY be used for normal residential or business use. During certain peak usage times, Company may limit data transfer speeds in a non-discriminatory fashion, which may slow the rate of streaming video or download speeds. Company will not unreasonably discriminate in the transmission of lawful network traffic, and will provide a reasonable description of network performance characteristics on our website. Company will not block access to lawful content or websites, applications, services, or non-harmful devices. Company will keep accurate records of your service location(s), quantities, and usage under your Agreement. Company reserves the right to immediately disconnect or modify your service if Company determines, in its sole and absolute discretion, that your use of service is, or at any time was, inconsistent with normal residential or business usage patterns or is otherwise in violation of this AUP. In the event your usage exceeds applicable usage limitations and as an alternative to disconnection of service, Company may offer you a revised Agreement including higher rates for usage of service that is deemed to be inconsistent with normal residential or business use. Company reserves the right to protect its network from harm, which may impact legitimate data flows. Company reserves the right to limit throughput or amount of data transferred, and to deny or discontinue service, without notice, to anyone it believes is using an unlimited data plan or feature in any manner prohibited herein or whose usage adversely impacts Company’s network or service levels. You can access Clear Lake Independent Telephone Company’s website at: www.cltel.com. A free Internet speed test is available at www.speedtest.cltel.com.
       Congestion due to malfunctioning hardware and/or software will be remedied as quickly as network engineers can diagnose and identify the offending hardware / software. Congestion due to malice will be remedied using any technique available, including protocol-aware filtering and rate-limiting, to control and limit the offending source. Clear Lake Independent Telephone Company may seek criminal charges against those who inflict network malice. Clear Lake Independent Telephone Company may also attempt to recover costs incurred from network malice.
    5. CONTENT. You will be liable for any and all liability that may arise out of the content transmitted by you. You shall assure that your use of service and content comply at all times with all applicable laws, regulations and written and electronic instructions for use. Company reserves the right to disconnect or suspend your service and remove your content from service if Company determines, in its sole and absolute discretion, that such use or content does not conform with any applicable law, the requirements set forth in this AUP or interferes with Company’s ability to provide service to you or others. Company’s action or inaction under this Section will not constitute any review, waiver or approval of your usage or content.
    6. SERVICE MONITORING. Company is under no obligation to monitor a customer’s usage, bandwidth, transmissions and/or content of service. However, Company may monitor the usage, bandwidth, transmissions and content of service to (i) comply with any necessary laws, regulations or other governmental requests or (ii) operate service properly or to protect itself, its network and its customers and subscribers. Company reserves the right to modify, reject or eliminate any information residing on or transmitted to its server that it, in its sole discretion, believes is unacceptable or in violation of this AUP or any other terms and provisions applicable to service.
    7. DOMAIN NAME SERVICE. Keeping registry information updated and accurate is the responsibility of the domain holder and not Clear Lake Independent Telephone Company or ISPN. Acceptable use of the domain name service does NOT include falsifying or omitting valid domain contact information, including the administrative, technical, zone, and billing contacts. Such usage will result in termination of service
    8. Remote PC Support. ISPN offers a Remote Support Service for our customers whereby customers may request on-line assistance in resolving problems with their personal computers. In order to provide this service, ISPN must be able to log into the customer’s personal computer to diagnose the problem, perform such actions as ISPN believes are necessary to correct the problem, and/or recommend corrective actions to be performed by the customer or by third parties. By requesting Remote PC Support Services from ISPN customer agrees to the following:
       1. ISPN shall be authorized to log in to the customer’s personal computer in order to perform such actions as it deems necessary to diagnose the cause and extent of the problem; perform such actions as it believes are necessary to correct the problem; and/or recommend corrective actions to be performed by the customer or by third parties.
       2. Only qualified ISPN employees will be assigned to perform Remote PC Support Services for customers.
       3. Remote PC Support Services may only be provided with the customer’s explicit permission and the remote session will be terminated permanently once the support issue is resolved to the customer’s satisfaction.
       4. Company shall not be liable to customers or third parties for any loss, costs, or damage to customer’s personal computer or the contents thereof caused by or resulting from ISPN’s performance of Remote PC Support Services for customer, and customer shall indemnify and hold ISPN harmless therefore.
    9. Spam Policy. Clear Lake Independent Telephone Company does not and will not tolerate any person or company who abuses our services to transmit unsolicited commercial email or unsolicited bulk or spam email from our email servers. In addition, maintaining on open SMTP relay is prohibited. When a complaint is received, CLtel has the discretion to determine from all of the evidence whether the email recipients were from an “opt-in” email list.
       1. Unsolicited Bulk Email, or UBE, is Internet mail (“email”) that is sent to a group of recipients who have not requested it. A mail recipient may have at one time asked a sender for bulk email, but then later asked that sender not to send any more email or otherwise not have indicated a desire for such additional mail; hence any bulk email sent after that request was received is also UBE.
       2. If an unsolicited commercial email or unsolicited bulk email is transmitted by any of our activated Customers, that Customer’s account will be deactivated immediately. The cost of any unused monthly services including the nonrefundable setup fee, as a result of the deactivation, will not be reimbursed.
       3. Potential customers who solely wish to use our ISP service to send out “one-time” unsolicited bulk email should not sign up for our ISP service. To report a spammer on our server, contact cltel@www.cltel.com.
    10. Web/FTP Sites. Acceptable use of Company’s web/FTP space does NOT include: Distribution of illegal pornographic or otherwise indecent or offending materials, distribution of restricted software or materials in violation of copyrights or distribution licenses, or any other illegal activity prohibited under Paragraph 3, above.
    11. Theft of Service. You must notify Company immediately if you become aware at any time that your service is being stolen, fraudulently used or otherwise being used in an unauthorized manner. When you provide such notification, you must provide your account number and a detailed description of the circumstances of the theft, fraudulent or abusive use of service. Failure to do so in a timely manner may result in the disconnection of your service, additional charges to you, and civil or criminal liability. Until such time as Company receives notice of the theft, fraudulent use or abusive use, you will be liable for all stolen, fraudulent or abusive use of service. Company reserves all of its rights at law and equity to proceed against anyone who uses service illegally or improperly.
    12. Indemnification. By activating or using service, you agree to use service only for authorized, lawful purposes in accordance with this AUP and your Agreement. In addition to being subject to other remedies, liabilities and obligations under law or applicable agreements, you shall defend, indemnify, and hold Company harmless from any claims, damages, losses, or expenses (including without limitation attorneys’ fees and legal costs) incurred in connection with all claims, suits, judgments and causes of action for damages arising from the breach by you or your Users of any provision of this AUP. Company shall not be liable to customers or third parties for any loss, costs, or damage to customer’s personal computer or the contents thereof caused by or resulting from Company’s performance of Remote PC Support Services for customer, and customer shall indemnify and hold Company harmless therefore.
    13. Termination of Service. Company has the right to terminate access to or use of this service as provided in this AUP and your Agreement. Access to and use of service is subject to strict compliance with law and applicable agreements.
    14. Modifications. Company may modify the terms and conditions of this AUP in a commercially reasonable manner from time to time and shall provide you notice of such changes by publication on our website, bill message or other commercially reasonable notice. Your use of service following such notice constitutes your agreement to the modified terms and conditions.
    15. Survival. The provisions of this AUP that by their sense and context are intended to survive the discontinuance or disconnection of your use of service shall survive such discontinuance or disconnection.
    16. Governing Law. This AUP and the relationship between you and Company shall be governed by and construed in accordance with the substantive laws of the State of Iowa, without regard to the principles of conflict of law.
    17. No Waiver of Rights. Company’s failure to exercise or enforce any right under or provision of this AUP shall not constitute a waiver of such right or provision.
    18. Severability. If any part or provision of this AUP is legally declared invalid or unenforceable, that part or provision will be construed consistent with applicable law as nearly as possible, and the remaining parts and provisions will remain in full force and effect. Such invalidity or non-enforceability will not invalidate or render unenforceable any other part or provision of this AUP.
    19. Applicability to Attached Sites. Sites directly attached to Company backbone are expected to adhere to Company acceptable use policies. The individual who signed the contract is responsible for educating site users on acceptable use policies. Violations of the AUP by directly attached sites will be referred to the account owner for resolution. The account owner will be held responsible for any violations of the AUP.
    20. Important Customer Information. In addition to the terms and conditions set forth in this AUP, service is subject to your Agreement, which you should read carefully before activating or using service. For additional terms and conditions of service, refer to your Agreement, or speak with a customer service representative.
19. GOVERNING LAW. This Agreement, and our contractual and service relationship with you, shall be deemed to have been made in and shall be governed by and construed in accordance with the substantive laws of the State of Iowa, without regard to the principles of conflicts of law.
20. INCORPORATION AND INTEGRATION. This Agreement constitutes the entire agreement between the parties concerning our contractual service relationship, there being no prior written or oral promises or representations not incorporated herein or therein.
21. NO IMPLIED WAIVER. Our failure to exercise or enforce any provision of rights under this Agreement or our other Terms of Service shall not constitute a waiver of any such provision or right.
22. SEVERABILITY. If any part or provision of this Agreement, in whole or in part, to be invalid, illegal, or unenforceable by any law or regulation of any governmental or regulatory authority, or by the final determination of any court of competent jurisdiction, that part or provision will be construed consistent with applicable law or regulation as nearly as possible, and the remaining parts and provisions will remain in full force and effect. Such invalidity or non-enforceability will not invalidate or render unenforceable any other part or provision of this Agreement.
23. ASSIGNMENT; BINDING EFFECT. This Agreement shall inure to the benefit of and be binding upon the parties hereto and their respective successors and assigns; provided, however, you may not assign or transfer your rights or obligations under this Agreement without our express written consent. Unless consent is granted, all accounts must be closed and reopened under the name of a new customer for issuance of a new account number.
24. EQUIPMENT. Services may require the use of equipment. In some cases, the Company may provide you with the equipment, including associated power cords, batteries, accessories, or software, with or without a separate charge. Except for any equipment purchased by you, all equipment issued by the Company remains property of the Company.You are solely responsible for returning your allotted equipment to the Company, and you agree to pay damages to repair or replace any unreturned, damaged, lost, or stolen equipment.
25. BACKUP POWER INFORMATION. If your home phone service is provided with our fiber optic network, it requires electric power to operate. To avoid a disruption of home voice service during a power outage – and to maintain the ability to connect to 911 emergency services – we offer you battery backup power
    1. WHERE TO OBTAIN YOUR BATTERY BACKUP. CLtel wants to ensure that our customers have access to reliable backup batteries that allow you to continue to use your home voice services during a power outage. That is why you can purchase a backup battery for $149.⁹⁵. Our 8-hour backup batteries last approximately 5 years, and they can be picked up at our business office. If you would like additional backup, 24-hour backup batteries can be purchased for $252.⁹⁵.
    2. WHAT YOUR BACKUP BATTERY CAN – AND CAN’T – DO FOR YOU. The battery offered by CLtel is approximately one pound and is roughly the size of a juice box. Our backup batteries are expected to last at least 8 hours on standby power. That means the backup battery should give you approximately 6 hours of talk time. Our backup battery does not provide power to any services other than voice. Home security systems, medical monitoring devices, routers and other equipment will not run on a home phone backup battery.
    3. INSTRUCTIONS FOR PROPER CARE AND USE OF YOUR BATTERY. Environmental factors such as temperature can shorten your battery’s useful life. We recommend that you store your battery above 41°F and below 104°F. They will not last forever and should be replaced every 5 years or when your device starts to make a loud beeping sound. That sound means that the battery is depleted and must be replaced.BY SIGNING YOUR INITIALS BELOW, you acknowledge that you have received information about the limitations of your phone service in the event of a power failure and have received information about the CLtel provided backup battery used to maintain your service’s function during a power outage.You understand that without a backup power source, your phone service, including your ability to dial 9-1-1, may not function during a power outage. You also understand that even with a backup battery, your talk time during a power outage may be limited by multiple factors, including the condition of the battery at the time of the outage.Initials ____________

IMPORTANT: BY SIGNING THE AGREEMENT AND/OR ACTIVATING OR USING SERVICE, YOU AGREE TO COMPLY WITH ALL OF THE APPLICABLE TERMS, CONDITIONS AND PROVISIONS CONTAINED IN THE SERVICE APPLICATION, SERVICE AGREEMENT AND ANY APPLICABLE SERVICE TARIFFS, THIS ACCEPTABLE USE POLICY, THE TERMS AND CONDITIONS OF SERVICE, AND YOUR SELECTED SERVICE PLAN OR SERVICE PACKAGE. IF YOU DO NOT ACCEPT THESE TERMS AND CONDITIONS OF SERVICE, PLEASE NOTIFY US PRIOR TO INSTALLATION AND WE WILL CANCEL YOUR SERVICE.
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Revised 12/21/2018

CLtel belongs to an alliance of independent cable providers striving to retain flexibility and fair pricing in cable television programming. To learn more, visit TVOnMySide.com or read “Why a Cable TV Bill Increases.”

The Federal Cable Communications Policy Act of 1984 contains certain provisions regarding the collection and disbursement of personally identifiable information by cable television operators. In accordance with those provisions, this cable system collects and maintains personally identifiable information concerning customers. That information includes, among other things, your name, address, and phone number, billing records; service maintenance and repair records; premium service subscription information; marketing information and customer complaints.

Personally identifiable information is generally used for the normal business purpose of offering and rendering cable television service and other services to you. Some persons have access to such information when necessary in connection with our business or when otherwise desirable. Access may be on a day-to-day basis. Those people who have access include cable system employees; cable system sales agents; businesses which provide service to the cable system, such as our accountants, billing and collection services, program and program guide providers where applicable; program services which will periodically audit subscription information and other business that seeks to use your name, address, etc. The cable system will not maintain such information after it is no longer necessary for carrying on our business.

As a CLtelcustomer, you may review any personal information held by us, which pertains to you if you give us a reasonable period of time to locate and, if necessary, prepare the information for review. Preparation is sometimes necessary to avoid disclosure of information relating to other customers. If you wish to review your personal information, please contact us by letter or telephone to arrange for a review. The review will be at our local system business office. You may request correction of any errors in personal information that we collect and maintain pertaining to you. Federal law prohibits collecting any personally identifiable information other than information necessary to carry on our business or to detect theft of service, unless you consent.

To the extent that we are permitted to collect personally identifiable information, we are permitted to disclose such information only to the extent necessary to conduct our business. In addition, the law allows us to disclose your name and address for non-cable service related mailing lists or other purposes unless you tell us you do not wish us to disclose it. However, such disclosures of names and addresses will not be in a form that discloses the extent or type of any use you make of service we provide, nor will it disclose the nature of a transaction you make over the cable system. If you do not wish to have your name and address disclosed even in limited situations described above, or if you wish to limit the circumstances in which we will disclose it, please obtain, fill out and return an address form from our local business office.

Except as indicated in the preceding paragraph, we may not disclose personally identifiable information without your consent, unless we are required to do so by court order. If we are served with a court order requiring disclosure of personally identifiable information concerning a customer, we will inform the customer of any court-ordered disclosure of such information. Under some circumstances, a governmental entity may seek a court order to obtain personally identifiable information from the cable system concerning a cable customer. The customer must be given an opportunity to appear and contest the governmental entity’s claim in the court proceeding.

Any person aggrieved by an act of a cable operator in violation of these federal limitations on the collection and disclosure of personally identifiable information may bring a civil action in a United States District Court to enforce the limitations.