Thacker-Grigsby Internet Service Policies and Disclosures
The following policies apply to mass market broadband Internet accessservices offered by Thacker-Grigsby Telephone Company, Inc. and T.V. Service, Inc., d/b/a/ TVS Cable (referred to here as "Thacker Grigsby Internet”). It is Thacker-Grigsby Internet’s policy to provide robust and reliable access to the Internet for all of its residential and commercial mass market end user customers, consistent with the service plans and capabilities of the underlying technologies used.
Use is Consent. By using Thacker-Grigsby Internet's Internet service, the customer accepts, agrees to be bound by and to strictly adhere to, these policies as in effect or changed from time-to-time. The customer also agrees to be responsible for compliance with these policies by third parties, such as friends, family members or guests, whomake use of the customer’s service accounts or equipment to access the network for any purpose, with or without the permission of the customer. Customer is also bound by the terms and conditions of the applicable Services Agreement, which can be found on our website here: http://www.tgtel.com/tgandtvsservicesagreement.html and the details of the service plan to which the customer has subscribed.
I. DESCRIPTION OF SERVICES, PRICING, AND EXPECTED PERFORMANCE
Services and Prices Generally. Thacker-Grigsby Internet provides broadband Internet access services using a variety of technologies, including fiber, cable, and DSL, at speeds ranging from 6 Mb/1 Mb to 100 Mb/5 Mb download/upload. The specific technologies, prices, and speeds that we offer to you for fiber or wired services depend on your service address and the service plan you select. To learn the details of available services and plans, click here http://www.tgtel.com/and enter your address or call us at (606) 785-9500.
Changing or Cancelling Service. Some service plans require a term commitment and have early termination fees. If you cancel your service, in addition to any applicable Early Termination Fee, you must pay for your use of the service up until the date on which you cancelled or were terminated for cause, and applicable taxes and other fees.
Material Changes to Terms. If, during the minimum service term, Thacker-Grigsby Internet changes the terms of your service and the changes are materially disadvantageous to you, you may terminate the service without paying an Early Termination Fee by providing written notice to Thacker-Grigsby Internet within thirty (30)days of the effective date of the change.
Network Service Speeds and Limitations. While Thacker-Grigsby Internet provisions its network and equipment to ensure that its customers can enjoy the speeds to which they subscribe, Internet speeds generally result from a "best effort" service and are dependent on a number of variables, many of which are outside the control of an Internet Service Provider. Such variables include: the age and processing capability of the user’s terminal device or computer; the number of applications running simultaneously; the presence of viruses or malware; whether the terminal equipment is connected to the network by wire or by wireless; the distance the data packets must travel between the user and the website; the presence of congestion on and technical configuration of any intervening networks; any gating or congestion management schemes employed by websites to limit download or upload speeds in cases where multiple users are served simultaneously. Thacker-Grigsby Internet does not guarantee that a customer will achieve the expected speeds at all times. Rather, the expected data speeds represent the best information available to Thacker-Grigsby Internet of the typical speeds a customer can expect to experience under normal operating conditions.
Speed Tests. Speed tests that allow customers to test the upload, download and latency performance of their broadband data services are available free of charge from a number sources. Generally, these tests are influenced by the same variables that affect Internet speed set forth above. Accordingly, the speed results would not be expected to match a test of Thacker-Grigsby Internet's network conducted under laboratory conditions. Please note, however, that all speed tests use different methodologies to calculate Internet connection speed so each of the tests would be expected to yield different results. Accordingly, each of these tests should be viewed as a helpful guide rather than as a definitive measurement of performance. The following are several sites, unaffiliated with Thacker-Grigsby Internet, that provide speed testing, including:
II. REASONABLE AND NON-DISCRIMINATORY NETWORK MANAGEMENT
Generally. Thacker-Grigsby Internet utilizes a fully redundant network architecture that is designed to provide users with true broadband speeds and reliability even during times of peak demand. The network has been constructed to meet projected traffic demands and is scalable to allow for capacity to be added to meet customer needs and to support newly developing and increasingly sophisticated applications well into the future. However, congestion can occur on any IP network, and, when it does, packets can be delayed or dropped, leading to service degradation and delays. Customers are encouraged to familiarize themselves with the following policies which are deemed part of their Service Agreement.
Network Management Goals. Because network resources are shared by all users, Thacker-Grigsby Internet has implemented the following policies to govern mass market Internet service. These policies are designed to: (i) ensure that shared network resources are allocated fairly among all users; (ii) allow users and prospective users to understand service policies and any significant limitations on the service; and (iii) provide a foundation that assures customers that they can rely on consistently receiving the level and quality of service to which they subscribe. Details are provided below.
No Blocking of Lawful Non-Harmful Use. Thacker-Grigsby Internet does not block access to, nor discriminate against, any lawful website or Internet application and, with respect to fixed Internet access services, supports the ability of users to select and attach the equipment of their choice to the network so long as that equipment: (i) is used for a lawful purpose consistent with Thacker-Grigsby Internet's Acceptable Use Policy and Service Agreement; and (ii) does not harm the network or degrade network performance for other users. Thacker-Grigsby Internet does not generally interfere with or manage the use of specific protocols or ports.
Real Time Applications. Generally, provisioned data speeds for Thacker-Grigsby Internet's mass market services are sufficient to support such applications as Voice over IP (VoIP), gaming, web surfing, or most streaming video. However, because Thacker-Grigsby Internet's residential, mass market broadband service generally does not prioritize such traffic, it is possible that certain applications requiring real time communications may perform at less than optimal levels, especially during periods of peak network demand.
Device Attachment Rules. With respect to fixed broadband services, users may generally attach compatible devices of their choice and run the applications of their choice, subject to the limitations of their data plan and the terms of their service agreement and our Acceptable Use Policy ("AUP"), below. Many devices such as modems, routers, Bluetooth and WiFi cards, laptops, notebooks and tablets are readily available from third party sources, such as consumer electronics retailer. Some devices may also be provided by or leased from Thacker-Grigsby Internet. Users are advised to contact Thacker-Grigsby Internet's technical support before purchasing any third-party equipment to ensure compatibility with the network. Only devices that are not harmful to the network and other network users may be attached. Thacker-Grigsby Internet is not responsible for the compatibility, suitability or functionality of any equipment that is provided by the customer or any third party, and the customer remains fully responsible for ensuring that any such equipment does not cause any harm to the network or degrade the service of other users.
III. ACCEPTABLE USE POLICY
General Policy. Thacker-Grigsby Internet reserves the sole discretion to deny or restrict your service, or immediately to suspend or terminate your service, if the use of your service by you or anyone using it, in our sole discretion, is unlawful, violates the Service Agreement or other Thacker-Grigsby Internet policies, is objectionable or unlawful, interferes with the functioning or use of the Internet or the Thacker-Grigsby Internet network by Thacker-Grigsby Internet or other users, or violates the terms of this Acceptable Use Policy ("AUP"). Additional information and details relating to acceptable uses can also be found in your Services Agreement.
Specific Examples of AUP Violations. The following are examples of conduct which may lead to termination of your Service. Without limiting the general policy in Section 1, it is a violation of the Agreement and this AUP to: (a) access without permission or right the accounts or computer systems of others, to spoof the URL, DNS or IP addresses of Thacker-Grigsby Internet or any other entity, or to penetrate the security measures of Thacker-Grigsby Internet or any other person's computer system, or to attempt any of the foregoing; (b) transmit uninvited communications, data or information, or engage in other similar activities, including without limitation, "spamming", "flaming" or denial of service attacks; (c) intercept, interfere with or redirect email or other transmissions sent by or to others; (d) introduce viruses, worms, harmful code or Trojan horses on the Internet; (e) post off-topic information on message boards, chat rooms or social networking sites; (f) engage in conduct that is defamatory, fraudulent, obscene or deceptive; (g) violate Thacker-Grigsby Internet's or any third party's copyright, trademark, proprietary or other intellectual property rights; (h) engage in any conduct or connecting devices harmful to the Thacker-Grigsby Internet network, the Internet generally or other Internet users; (i) generate excessive amounts of email or other Internet traffic; (j) use the service to violate any rule, policy or guideline of Thacker-Grigsby Internet; (k) use the service in any fashion for the transmission or dissemination of images containing child pornography or in a manner that is unlawfully obscene, sexually explicit, cruel or racist in nature or which espouses, promotes or incites bigotry, hatred or racism; or (l) use the services for an unlawful purpose or in an unlawful way, such as downloading, or use the Service in countries that are controlled or embargoed under U.S. law, as modified from time to time by the Departments of Treasury and Commerce. Additional information and details relating to acceptable uses can also be found in your Services Agreement.
Copyright Infringement/Repeat Infringer Policy. Thacker-Grigsby Internet respects the intellectual property rights of third parties. Accordingly, you may not store any material or use Thacker-Grigsby Internet's systems or servers in any manner that constitutes an infringement of third party intellectual property rights, including under US copyright law. In accordance with the Digital Millennium Copyright Act (DMCA) and other applicable laws, it is the policy of Thacker-Grigsby Internet to suspend or terminate, in appropriate circumstances, the service provided to any subscriber or account holder who is deemed to infringe third party intellectual property rights, including repeat infringers of copyrights. In addition, Thacker-Grigsby Internet expressly reserves the right to suspend, terminate or take other interim action regarding the service of any user or account holder if Thacker-Grigsby Internet, in its solejudgment, believes that circumstances relating to an infringement of third party intellectual property rights warrant such action. These policies are in addition to and do not affect or modify any other rights Thacker-Grigsby Internet may have under law or contract.If you believe that copyrighted material has been used in violation of this policy or otherwise been made available on the service in a manner that is not authorized by the copyright owner, its agent or the law, you may contact our Designated Agent as follows:
Thacker-Grigsby Telephone Co., Inc.
P.O. Box 789
Hindman, KY 41822
IV. OTHER COMMERCIAL TERMS
Minimum Terms. Your service order indicates whether you have agreed to a minimum service term for your service and, if so, the number of months in the term. YOU WILL BE SUBJECT TO AN EARLY TERMINATION FEE IF YOU CANCEL SERVICES BEFORE THE END OF THE MINIMUM SERVICE TERM (OR IF WE TERMINATE YOUR SERVICE EARLY FOR CAUSE UNDER THE AGREEMENT).
Month-to-Month. If your service plan does not include a minimum service term or, if it does and you reach the end of the minimum service term, your service term will be "month-to-month" and will not be subject to an Early Termination Fee if you cancel your service. If your service term is month-to-month, Thacker-Grigsby Internet can change the price of your service by providing you at least one billing cycle’s notice of the change.
Questions or Complaints. If you have questions or complaints about our broadband Internet access service should first visit our website at: http://www.tgtel.com/index.php. If the question or complaint is not resolved on the web, you may contact one of our customer service representatives as follows:
Phone: (606)785-9500 or (800)624-2008
We find that most customer concerns or disputes can be resolved through our customer service representatives. However, any customer disputes that cannot be resolved without third-party intervention will be resolved by binding arbitration in accordance with the terms of your service agreement.
PRIVACY AND SECURITY:
Monitoring Network. Thacker-Grigsby Internet may, but is not required to, monitor your compliance, or the compliance of other subscribers, with the terms, conditions or policies of the Service Agreement and AUP. You acknowledge that Thacker-Grigsby Internet shall have the right, but not the obligation, to pre-screen, refuse, move or remove any content available on the service, including but not limited to content that violates the law or this AUP. For example, Thacker-Grigsby Internet has deployed measures intended to prevent spam, viruses, and other malware and to monitor and prevent denial of service attacks. We may automatically measure and monitor network performance and the performance of your Internet connection to improve your, or our, overall service levels. Additional information relating to network security can also be found in your Services Agreement.
Limited Use of Information. We collect information about your use of our products and services. Information such as network traffic data, service options you choose, device number, and other similar information may be used for billing purposes, to deliver and maintain products and services, or to help you with service-related issues or questions. In addition, subject to any legal restrictions that may apply, this information may be used for other purposes such as providing you with information about product or service enhancements, determining your eligibility for new products and services, and marketing to you based on your use of your products and services. This information may also be used to: (1) manage and protect our networks, services and users from fraudulent, abusive, or unlawful uses; and (2) subject to consent practices described in this policy, help us improve our services, research and develop new products, and offer promotions and other services. This type of information may be aggregated for business and marketing uses by us or by third parties. Additional information relating to privacy can also be found in your Services Agreement.
Technical Support. If you contact us for service support, we also may access information about your computer, wireless device or other device settings to provide customized technical support or to install specific applications or services that you use or that are necessary to the applications or services you use.
Consent for Advertising. Thacker-Grigsby Internet will not gather information from your use of our Internet access services to direct customized advertising specifically to you based on your visits over time and across different non-Thacker-Grigsby Internet websites, unless we first provide you with notice of our plan and obtain your affirmative consent.
Information Provided to Us by Third Parties. When you purchase products or apply for service with us, we may obtain credit information about you from outside credit reporting agencies to help us with customer authentication and credit-related decisions. We may also obtain contact information and other marketing lead information from third parties and may combine it with information we have to contact you or direct Thacker-Grigsby Internet's marketing offers to you.