Public Service Data Wireless



TERMS AND CONDITIONS

(revised: September 30th 2016)

By using the service in any way, you agree that you have read and understand
fully the below terms and conditions and policies and are bound by them.

Public Service Data Wireless Terms & Conditions:
DATA SERVICES
PHONE SERVICE
NOTIFY PLUS SERVICE
E911 STATEMENT
MISCELLANEOUS TERMS

Public Service Communications, Parent Company
Policies for all subsidiaries to include Public Service Data Wireless:

ACCEPTABLE USE POLICY
NETWORK MANAGEMENT POLICY
PRIVACY POLICY



DATA SERVICES


INTRODUCTION
These Terms and Conditions supersede all previous representations, understandings, or agreements and shall prevail notwithstanding any variance with terms and conditions of any order submitted.

These Terms and Conditions are considered your customer agreement with PSData Wireless (PSDW) and are also part of the terms of any contractual service agreement with PSDW, and you are bound by them. Subscriber may not modify this Terms of Service, or any other Company Policies and Agreements, by making any types, handwritten, or any other changes to it for any purpose. PSDW may modify these terms at any time by publishing the modified term(s) over the Service. By using the service in any way, you are indicating your acceptance of these Terms and Conditions. These Terms and Conditions govern both our service and any devices used with our service. Any renewal of separate contractual agreements or changes in your plan(s) shall be subject to PSDW’s right to change any term or condition of that agreement, including the amount of any charges without prior notice. In the event you make any change(s) to your current plan, you may be required to change the type of service and plan to what we are currently offering at that time.

DATA PLANS
Changes from one plan to the other can only be made at the beginning of a bill cycle. You must contact our office and make your change before usage begins again. If you are not certain which cycle you are billed by, please contact our business office.

Bill Cycle:
Usage begins on the 2nd of each month - (Make changes before the 1st of each month)

EFT’s & Cards Drafted 3rd - 5th
(ALWAYS make sure your payment is ready to be drafted on the 3rd of each month)

PAYMENT NOTICE: Make sure your payment is prepared to be drafted on the date given each month to prevent your service from being suspended. In most cases, this electronic file is submitted in the early hours of the morning, prior to 8:00 am. If your draft date falls on a weekend or holiday, drafts are periodically done the following business day without notice for such extra days. In the event your payment method on file is returned unpaid for any reason, a $25 NSF/Return Payment Fee will be applied and service will be suspended for non-payment until resolved. This fee will not be waived under no circumstances. Payment of this fee, in addition to any outstanding balance, will be required to be paid in full before service may continue. As a pre-paid service for data usage, PSDW does not permit payment extensions, nor leave service running without payment. As PSDW gives adequate notice when you sign up as to when your account will be drafted, no exceptions can be made to this policy.

Once you incur a NSF/Returned Payment, you must contact our business office at 1-855-593-3278 to clear up your account. This cannot be done via our on-line E-bill service nor should you drop a payment into any of the Public Service Payment Drop Boxes. Please ask for the “wireless” department to ensure you reach the correct representative to resolve this issue. Customers not resolving their account within 30 days, will also incur a $25 reconnect fee. Please read your agreement for possible billing of Early Termination Fees and cost of un-returned equipment (all that may be applicable).

It is your responsibility to contact our business office prior to the 2nd of each month if you need to update your card on file. Please note that PSDW no longer accept checks or bank drafts. A valid credit/debit card must be on file for monthly payments. For customers expecting a new replacement card and/or failed to update their card on file as required, will also result in the applicable NSF Fee. Customers are responsible for making sure an alternate means of payment is made before payments are processed. PSDW realizes situations may occur in regards to cards, and a one-time cash payment can be made prior to the 2nd of the month (before we process payments), by coming to our payment office located in Reynolds, GA.

Plans with a monthly equipment fee. PSDW owns the equipment and you return the equipment if you ever cancel service. Non-returned equipment would billed the full retail cost indicated on your agreement. If the device becomes faulty, not a result of lightning or other external damages, we will replace the unit. The service call to replace outdoor units is additional and not included under the per month equipment fee.

Customers not under the per month program or customers with expired extended warranty purchased, must purchase a refurbished or new replacement unit if needed, plus the service call (if applicable for outdoor units). 2nd year extended warranty is available if purchased prior to the first year warranty expiring.

Set speeds are not guaranteed with any plan. PSDW does not credit for partial months. If you cancel the day following the start of a new bill cycle, you will be responsible for the full month.

Usage-Based Plans
Customers are charged a monthly rate for the usage-based plan selected, plus a $10 per GB overage rate for all 20 GB or higher plans ($15 per GB for 8 GB plan only). If customer requests to add the Peace-of-Mind feature for an additional $4.99 per month, when customer reaches the monthly usage (based on plan selected), speed is limited to approximately 256 kbps for the remainder of the bill cycle. Regular speed returns to normal when the new bill cycle starts over. Peace-of-Mind can only be added or removed at the beginning of a bill cycle. Customer is not charged for data used at the 256 kbps no matter how much used.

Freedom Plans
Freedom Plan available to residential customers only. Freedom Plans are set at up to 3 Mbps down and up to 1 Mbps up with a 150 GB data usage cap. In the event a customer reaches the 150 GB cap, they will continue to have access to the service at a reduced speed until the monthly plan begins again at the new bill cycle. Video streaming and gaming is not guaranteed with this plan and a usage-based plan is recommended for these type activities.

Customers can choose from a Freedom Plan for Internet only or the Freedom Plan with Local and Long Distance Calling. All plans with VoIP phone service include calling features at no charge. For additional information and charges, read the Phone Service section found in these Terms & Conditions.


COPYRIGHTED MATERIAL
Copyrighted material must not be placed on PSDW without the permission of the owner(s) or person(s) they specifically authorize. Only the owner(s) or such authorized person(s) may upload copyrighted material to the PSDW.

Subscribers may download copyrighted material for their own use; except as expressly provided by copyright law, copying, redistribution, or publication, which must be with the express permission of PSDW and the owner(s) or such authorized person(s), if other than PSDW. Permission must be specified in the document, on PSDW, or must be obtained directly from PSDW, and the owner(s) or such authorized persons(s), if other than PSDW. In any copying, redistribution, or publication of copyrighted material, any changes to or deletion of author attribution or copyright notice are prohibited.

PUBLIC DOMAIN MATERIAL
Any subscriber may upload public domain programs to PSDW. Any subscriber may download public domain programs for their own use or non-commercially redistribute a public domain program. Subscriber assumes all risks regarding the determination of whether a program is in the public domain.

CONTENT & USES OF THE SERVICE
PSDW service not for re-sale. Subscriber agrees not to publish on or over PSDW any information, software or other content which violates or infringes upon the rights of any others or which would be abusive, profane or sexually offensive to an average person, or which, without the approval of PSDW, contains any advertising or any solicitation of other subscribers to use goods or services. This paragraph, however, shall not be interpreted to restrict subscriber from utilizing PSDW in the conduct of a legitimate business except that subscriber may not, without the approval of PSDW, send unsolicited advertising or promotional material to other PSDW subscribers.

Subscriber agrees not to use the facilities and capabilities of PSDW to conduct any business or activity, or solicit the performance of any activity, which is prohibited by law, or to solicit subscribers to become subscribers of other competitive information services.

Subscriber agrees not to use the facilities and/or capabilities of PSDW to send unsolicited advertising or unsolicited promotional material to other internet users. The sending of SPAM (otherwise known as unsolicited email advertising) is expressly prohibited and will be considered a violation of these Terms and Conditions.

EDITING AND DELETING CONTENT
PSDW reserves the right in its sole discretion to edit or delete any information, software or other content appearing on PSDW, regardless of whether it violates the standards for content.

MONTHLY PAYMENTS
Your selected wireless plan is considered a monthly recurring charge (monthly service). PSDW bills for full a 30 days monthly service in advance. No partial month credits are applied in the event service is terminated for any reason. All charges are due upon receipt. Non-payment for any reason will result in cut-off of service, and will be subject to a reconnection fee (to re-activate services) and other fees and/or deposits in PSDW’s discretion. The established monthly rate for PSDW service is subject to change. PSDW will notify customers affected by any such rate change by e-mail message to the account or by posting rate changes on the website. All package prices are in U.S. dollars.

PSDW bills to a credit card whereas the customer receives a monthly statement and bill of charges from their credit card company. Debit cards drawn from a customers checking or savings account must be approved by PSDW and requires secondary bank draft information to include the accounts bank routing number and customers account number. In the event a debit card is declined for any reason, PSDW will bank draft all charges towards customer account using the bank routing and account number provided until collected. PSDW reserves the right to apply charges to either the debit card/bank draft information on file.

PSDW is not responsible for any credit card, debit card or bank draft charges or expenses (i.e. overdrawn accounts, exceeding credit card limits, insufficient funds charges, etc.) resulting from PSDW charges billed to a credit card, debit card or bank draft on file.

Subscribers are responsible for notifying PSDW of credit card expirations, and providing new credit card numbers for continued billing of PSDW Service. It is not the responsibility of PSDW to contact subscribers with rejected credit card payments due to expired cards. Rejected credit card payments will be treated as non-payment, and may result in disconnection of service. A reconnection fee may be applied.

LATE PAYMENTS AND RECONNECTION FEES
PSDW can bill an additional charge to re-instate service, if service has been cut-off due to non-payment.

SERVICE TERMINATION
PSDW reserves the right in its sole discretion to suspend or terminate service to any subscriber at any time. Failure to pay for service which is billed in advance for the upcoming month billed, will result in immediate cut-off of access to the PSDW service. Payment to PSDW for any month(s) service, is indication of acceptance for that months service, and no refunds will be made for a partial month upon termination, or for any other reason.

CUSTOMER RELOCATION OR MOVING
In the event customer elects to relocate or move to a new location where wireless internet/phone coverage remains available, customer will be responsible for standard installation charges to detach and re-install device at an alternate location. Additional charges for mileage and/or hourly technician rates for relocates from one town to another may also apply.

PS Data Wireless service is based on topography and may not be available in all areas of the city and county where a customer currently resides. In the event customer elects to relocate or move from a location where services were available, agreed upon and accepted, to a location where wireless internet/phone coverage is not available, customer will still be bound to any financial or contractual obligation made to PS Data Wireless. Customer is advised to check wireless coverage from PS Data Wireless prior to re-locating to avoid default of the agreement if possible.

Customer agrees that all Early Termination Fees will apply, including current monthly charges, and can be applied to the payment method on file, immediately upon early cancellation or non-pay.

EQUIPMENT:

Devices Used - Customer will receive a LTE device designated at the discretion of the Company for use with the service. In the event an Outdoor Unit LTE device is required to obtain service, the unit must be installed at a fixed location on the main structure of the home/business. To add wi-fi for Outdoor Unit, customer must own or purchase a wireless router. In the event customer elects to add VoIP phone service from PSDW, customer will be required to purchase a PSDW ATA VoIP phone adapter as well.

Ownership of equipment by Public Service Wireless, Inc. – Customer understands the Company maintains complete ownership of LTE device at all times. LTE device shall not be deemed fixtures or part of Customer’s realty. Customer shall have no right to pledge, sell, mortgage, otherwise encumber, give away, remove, relocate, alter, or tamper with the LTE device at any time.

Equipment Coverage Plan/Fee - Customer agrees to pay Company a monthly Equipment Fee at the Company’s current for use of the LTE device. Company will replace the device if found to have a manufacturer’s defect and reserves the right to limit the number of replacement LTE devices. Coverage is for LTE Device only. Service calls additional.

Wi-FI Devices:

Wi-fi devices must be brought or mailed to the Company’s business office. Any defective wi-fi LTE device mailed or shipped to the Company for replacement will be at the Customers expense, and Customer agrees to assume all financial liability to replace units not received and/or delivered to the Company. Devices mailed/shipped for repair/replacement which are determined not faulty, will be returned to the Customer and Customer billed for said mail/shipping costs.

Outdoor Devices:

Transport, handling, Installation or replacement of Outdoor LTE units to be performed by a PSDW technician to ensure proper installation and connectivity to the tower and require a service call charge. All units, along with installation are warranted for 30 days from the date performed. Replacement of Outdoor LTE units by the customer and not by a PSDW technician, will void the monthly equipment fee coverage. Monthly plan will be removed from the customer’s account and PSDW will no longer guarantee the unit for possible failure for any reason, to include the old unit removed and/or its new replacement unit. Customers will assume full replacement liability for the unit(s). This will not void the customer term agreement. In the event the customer needs PSDW assistance, service call rates will apply.

Equipment Repair/Replacement - Company will have the right, in the Company’s sole discretion, to provide replacement of the LTE device with a new or reconditioned unit. Company reserves the right to limit the number of replacement LTE devices.

Additional - Customer understands only the primary LTE device is covered under the Equipment Fee, and any additional equipment or accessories purchased by the Customer, are not included for repair or replacement. Customer is responsible for preventing the loss or destruction of LTE device and it is recommended that Customer’s device be covered by Customer’s homeowners, renters, or other insurance policy and that extreme care be exercised to prevent its loss or damage. Customer agrees to be financially responsible for the cost of replacing Company equipment that is lost, stolen, or damaged, which includes, but is not limited to, any and all damage caused by neglect, fire, storm, lightning, any act of God or other casualty. Customer understands such damages are not covered under the monthly equipment fee.

Customer agrees adequate space around PSDW equipment is necessary to prevent the unit from overheating, and agrees not to place any objects on top of or around the unit. Customer understands that in the event PSDW equipment overheats due to such actions, or is damaged due to neglect, customer is responsible for the costs incurred for the repair and/or replacement of same. If the LTE device is stolen from Customer’s property, Customer agrees to report the theft immediately to the proper authorities and the Company.

Customer understands he/she will remain bound by this Agreement, even if the LTE device used to access service is damaged, stolen, or the equipment fee is voided, for payment to Company for the selected monthly service and to be responsible for purchasing the equipment needed to access the service. Customer agrees that PSDW has the right to terminate service for what it determines are excessive equipment replacements.

WARRANTIES
PSDW exercises no control whatsoever over the content of the information passing through the PSDW service. PSDW makes no warranties of any kind, whether expressed or implied, for the service it is providing. PSDW Wireless connectivity speeds may vary and are not guaranteed. PSDW also disclaims any warranty of merchantability or fitness for a particular purpose, and any obligation to maintain the confidentiality of information, although PSDW’s current practice is to utilize reasonable efforts to maintain such confidentiality. By using the Service in any way, you are providing consent and authorizing PSDW, its parent, affiliates, subsidiaries or any third party used by PSDW in the course of doing business, to have access to and use your information. PSDW will not be responsible for any damage you suffer from use of the PSDW service. This includes loss of data resulting from delays, non-deliveries, or service interruptions caused by its own negligence or customer negligence, or due to inadvertent release or disclosure of information sent by customer. Use of any information obtained via PSDW is at customer’s own risk. PSDW specifically denies any responsibility for the accuracy or quality of information obtained through its service.

LIMITATIONS ON DATA CONSUMPTION
Public Service manages its network with the goal of delivering a fast, safe and uncompromised broadband Internet experience to all of its customers. But, high-speed bandwidth and network resources do have limitations. Public Service customers have the choice between subscribing to a usage-based plan, or subscribing to the Freedom Plan set at up 3 Mbps down and up to 1 Mbps up with a 150 GB data usage cap. In the event a customer reaches the 150 GB cap, they will continue to have access at up to 1 Mbps down and up to 1 Mbps up, until the monthly plan begins again. Managing the network is essential for the promotion of best possible Broadband Internet experience by all of Public Service’s customers.

INDEMNIFICATION
Subscriber agrees to indemnify and hold PSDW harmless from any claims and expenses, including reasonable attorney's fees, related to subscriber's violation of any separate contractual agreement for services, including these Terms and Conditions, or any information, software or other content placed on or passed through PSDW by or on behalf of the subscriber.

The use of PSDW to transmit certain kinds of information (including without limitation, computer software and other technical data) may violate export control laws and regulations of the United States, whether that information is received abroad or by foreign nationals within the United States. Since PSDW exercises no control whatsoever over the content of information passing through its service, the entire burden of complying with such laws and regulations rests with its subscribers or users. You agree to comply with such laws and regulations and to indemnify and hold PSDW harmless from any damages it may suffer resulting from any violation of the export control laws of the United States.

GENERAL NOTICES
PSDW is no longer throttling speed unless signed up for the Peace of Mind feature, The Freedom Plan, or when PSDW feels abnormal or excessive usage has occurred.

PSDW sends periodical usage alerts via text and/or e-mail based on information provided by our customers. PS Data is not responsible for overage charges as a result of e-mails and/or text notifications not delivered to you by your cell phone or e-mail provider for any reason. You are also responsible for checking your usage frequently, and for informing PSDW when changing your cell phone number/provider and/or e-mail provider so that we may update our records.

Unauthorized attempts to enter or bypass the security of the PSDW network or PSDW infrastructure is strictly prohibited. Likewise, attempting to "crack", bypass, or compromise the security of any other Internet user or network is prohibited. This includes, but is not limited to, port scans, "root" compromise attempts, IRC-related incidents (k-lines), and tools such as Back Orifice or other "exploits" designed for such purposes.

If PSDW observes unusual usage on your account, PSDW has the right to suspend your account until we are able to make contact with you to verify. As a feature of PSDW Data service and for the protection of its subscribers, PSDW reserves the right to slow down the subscribers speed when the subscriber exceeds their pre-purchased allotted data.

If you exceed the allotted space for your account, PSDW reserves the right to charge for this excess space. This includes all of your files on the server including your email files. Your login account is for your personal use only. You must not divulge your password to any other person and you should take proper precautions to insure that it is not discovered by other people. Data stored on PSDW servers is not guaranteed to be backed up. It is recommended that you make independent backups of data you consider important. You are not allowed to run server processes from your account. You are not allowed to leave unattached process running in your account when you log out of the system. PSDW reserves the right to monitor all activity on the server. In the event PSDW detects activity that it feels is improper, PSDW can provide any evidence it has available to the proper authorities. PSDW shall not be held liable for any loss or damages caused by the use or misuse, unavailability or removal of services. When your account is closed, all files (including web pages, e-mail, etc.) will be deleted from PSDW servers. By logging into your account, connecting to the service via your account, or uploading files to the server, you are indicating your acceptance of these Terms and Conditions.

WEB PAGES
You are responsible for the content of your pages, including obtaining the legal permission for any works they include and ensuring that the contents of these pages do not violate US law. You will be held responsible for and accept responsibility for any defamatory, confidential, secret or other proprietary material available via your page(s). PSDW reserves the right to remove material deemed inappropriate from your web pages, without prior notice. PSDW reserves the right to impose additional charges for web sites which consume space over the amount allotted (if allotted).

E-MAIL
Using PSDW to transmit any unsolicited commercial email or unsolicited bulk email is prohibited. Activities that have the effect of facilitating unsolicited commercial email or unsolicited bulk email whether or not that email is commercial in nature, are prohibited. This includes, but is not limited to email sent as a result of a machine being infected by a worm or virus.

Forgery or impersonation: Adding, removing or modifying identifying network header information in an effort to deceive or mislead is prohibited. Attempting to impersonate any person by using forged headers or other identifying information is prohibited. The use of anonymous re-mailers or nicknames does not constitute impersonation. Using deliberately misleading headers ("munging" headers) in news postings in order to avoid spam email address collectors is allowed.

Fraudulent activity: Using PSDW to make fraudulent offers to sell or buy products, items, or services or to advance any type of financial scam such as "pyramid schemes," "Ponzi schemes," and "chain letters" is not allowed.

Illegal use: Using PSDW to transmit any material (by email, uploading, posting, or otherwise) that, intentionally or unintentionally, violates any applicable local, state, national or international law, or any rules or regulations promulgated thereunder is prohibited.

Harm to minors: Using PSDW to harm, or attempt to harm, minors in any way is prohibited.

Threats: Using PSDW to transmit any material (by email, uploading, posting, or otherwise) that threatens or encourages bodily harm or destruction of property is prohibited.

Harassment: Using PSDW to transmit any material (by email, uploading, posting, or otherwise) that harasses another is prohibited.

PSDW may, at its discretion, restrict access to its servers from users or network locations that have or are abusing access to PSDW’s facilities. This may include but is not limited to email access from known spam sources or spam friendly servers or networks.

Service Members Civil Relief Act:

IN COMPLIANCE WITH SCRA (Service Members Civil Relief Act), any customer who is or becomes a member of the United States Armed Forces on extended active duty and receives permanent change of station orders to depart from the service area, or is ordered to active duty under a mobilization or deployment order will not be obligated to make future monthly service plan payments. The Customer shall also provide the Company a copy of the official orders or a letter signed by the Customer's commanding officer, reflecting the change, to waive the early termination penalty under this clause. The Customer is responsible for returning to the Company all equipment in good condition, normal wear and tear acceptable, within ten (10) days of notice of termination. Damaged or non-returned equipment shall be billed to the Customer.




PHONE SERVICE


These Terms and Conditions govern both the service and any devices, such as a router, or any other IP connection device ("Device" or "Equipment"), used in conjunction with the VoIP service and it applies to all lines on PSDW service. You understand that PSDW Phone service is different from traditional landline phone service and connects over a broadband Internet connection. You understand that you are responsible for obtaining and/or purchasing the broadband connection necessary to use the PSDW Phone services.

You may not use our services or devices in any manner that is unlawful, fraudulent, improper or inadequate. You may not use any automated means to manipulate our service or use our service to violate any law, rule, regulation or third party intellectual property or personal rights.

You agree that any section in these Terms & Conditions may be changed at any time and that it is your responsibility to check the website for the current Terms & Conditions posted. By using the PSDW Phone service in any way, you agree that you have read and understand fully all Terms & Conditions for PSDW and agree to abide by them.


USE OF SERVICE

Unlimited Local and Long Distance Home Phone Service
Unlimited VoIP local and long distance home phone service is for normal residential, personal, non-commercial use, and is based on reasonable use in comparison to PSData Wireless's other customers. Public Service reserves the right to review your account and take action to resolve any excessive or abnormal usage. Action can include converting residential customers to PSDW’s Business VoIP plan in which long distance calls are additional. Using the service, you agree that PSDW can convert you to its business plan in the event you exceed reasonable use in comparison to other PSDW residential customers using the service for home use.

Each of the following is considered unusual residential use of our unlimited Local and Long Distance home phone service and will be considered indicators that unusual use is occuring, and may trigger an account review or further action by us: Operation of a business (even if operated from home), operation of any enterprise (including non-profit), operation of a call center, re-sale of phone service, auto-dialing, broadcast faxing, fax blasting, telemarketing, unique numbers called, excessive length of calls, excessive call forwards or transfer, excessive conference calls and other factors.

We can assess abnormal use on the basis of comparisons of usage patterns and levels of other customers. If we determine that you are involved in abnormal use or for purposes not allowed for home phone service, we will use reasonable efforts to inform and give you the opportunity to correct the misuse. If you cannot correct the usage activity to comply with normal use, PSDW reserves the right to immediately terminate service, assess additional charges for each month in which excessive usage occurred or change your calling plan to a different plan.


If we believe that our service has been used for an unlawful purpose, PSDW may terminate your service immediately with or without notice.


PHONE PLANS

Porting Your Phone Number
Porting of existing telephone number may not be available in all areas. Customer must provide his/her own telephone phone set where applicable. Not utilizing the phone portion of a bundle does not affect the monthly bundle price.

Unlimited Residential Phone Service (Added to a usage-based plan or by itself)
Unlimited Long Distance Service is for typical domestic voice use only. It does not include 900 calls, 800 services, calling card calls, international calls, Directory Assistance, Operator Assistance, multi-line conference calls, - or any chargeable calls, and standard rates will apply for these services. All long distance calling areas are limited to the 48 continental United States. Company reserves the right to block permanent Call Forwarding in connection with the use of Unlimited Long Distance Service. Customers must subscribe to the long distance carrier of Company’s choice. All rates are subject to change. Additional requirements and restrictions may apply. The rate for Unlimited Long Distance Service may not include all applicable fees.

Unlimited Local Business Phone Service
Business customers agree to pay a monthly VoIP rate for unlimited local calling, plus an additional 5¢ per minute long distance rate for all calls outside of the PSDW local calling area.

All phone plans: International calls and any chargeable calls on any phone plan, will be billed separately. These may include calls such as 900 numbers and any other calls which incur a charge to call.


SERVICE TERMINATION

PSDW reserves the right in its sole discretion to suspend or terminate service to any subscriber at any time. Failure to pay for service which is billed in advance for the upcoming month billed, will result in immediate cut-off of access to the PSDW service. Payment to PSDW for any month(s) service, is indication of acceptance for that months service, and no refunds will be made for a partial month upon termination, or for any other reason.


EMERGENCY SERVICES - 911 DIALING

911 DIALING
All of our customers have access to either basic 911 or Enhanced 911 (E911) service. Service will only be provided at locations where E911 connectivity is available. With E911 service, when you dial 911, your telephone number and registered address are simultaneously sent to the local emergency center assigned to your location, and emergency operators have access to the information they need to send help and call you back if necessary. Customers in locations where the emergency center is not equipped to receive your telephone number and address have basic 911. With basic 911, the local emergency operator answering the call will not have your call back number or your exact location, so you must be prepared to give them this information. Until you give the operator your phone number, he/she may not be able to call you back or dispatch help if the call is not completed or is not forwarded, is dropped or disconnected, or if you are unable to speak.

By using the service, you authorize us to disclose your name and address to third-parties involved with providing 911 Dialing to you, including, without limitation, call routers, call centers and local emergency centers.

NOTIFY ALL USERS OF SERVICE
You should inform any household residents, guests and other third persons who may be present at the physical location where you utilize the service of the important differences in and limitations of PSDW 911 Dialing as compared with basic 911 or E911.

LOCATION OF SERVICE
This service is provided at a specific permanent address and not available as a nomadic offering. Before you move to another location, you must notify PSDW to determine if service can be provided at your new permanent address.

SERVICE OUTAGES
Service Outages Due to Power Failure or Disruption: Dependent upon your location, network backup power systems may be in place during the event of a power failure.

Device without battery backup: Devices that do not have a battery backup cannot support 911 dialing in the event of a power failure or disruption. If there is an interruption in the power supply, the service, including 911 Dialing, will not function until power is restored.

Service Outages Due to Internet Outage or Suspension or Disconnection of Broadband Service or ISP Service: Service outages or suspensions or disconnections of service by your broadband provider or ISP will prevent all service, including 911 Dialing, from functioning.

Service Outage Due to Disconnection of Your PSDW Account: Service outages due to disconnection of your account will prevent all service, including 911 Dialing, from functioning.

Service Outages Due to ISP or Broadband Provider Blocking of Ports or Other Acts: Your ISP, broadband provider or other third party provider may intentionally or inadvertently block the ports over which the service is provided or otherwise impede the usage of the service. In that event, provided that you alert us to this situation, we will attempt to work with you to resolve the issue. During the period that the ports are being blocked or your service is impeded, and unless and until the blocking or impediment is removed or otherwise resolved, your service, including the 911 Dialing feature, may not function. You acknowledge that PSDW is not responsible for the blocking of ports by your ISP or broadband provider or any other impediment to your usage of the service, and any loss of service, including 911 Dialing, which may result. In the event you lose service as a result of blocking of ports or any other impediment to your usage of the service, you will continue to be responsible for payment of the service charges unless and until you disconnect the service.

Other Service Outages: If there is a service outage for any reason, such outage will prevent all service, including 911 Dialing, from functioning. SUCH OUTAGES MAY OCCUR FOR A VARIETY OF REASONS, INCLUDING, BUT NOT LIMITED TO, THOSE REASONS DESCRIBED ABOVE.

Network Congestion; Reduced Speed for Routing or Answering 911 Dialing Calls: There may be a greater possibility of network congestion and/or reduced speed in the routing of a 911 Dialing call made utilizing the service as compared to traditional 911 dialing over traditional public telephone networks.

Disclaimer of Liability and Indemnification: We do not have any control over whether, or the manner in which, calls using our 911 Dialing service are answered or addressed by any local emergency response center. We disclaim all responsibility for the conduct of local emergency response centers and the national emergency calling center. We rely on third parties to assist us in routing 911 Dialing calls to local emergency response centers and to a national emergency calling center. We disclaim any and all liability or responsibility in the event such third party data used to route calls is incorrect or yields an erroneous result. NEITHER PUBLIC SERVICE DATA WIRELESS NOR ITS OFFICERS, DIRECTORS, EMPLOYEES, PARENT, AFFILIATES, SUBSIDIARIES OR AGENTS MAY BE HELD LIABLE FOR ANY CLAIM, DAMAGE, OR LOSS, AND YOU HEREBY WAIVE ANY AND ALL SUCH CLAIMS OR CAUSES OF ACTION, ARISING FROM OR RELATING TO OUR 911 DIALING SERVICE UNLESS SUCH CLAIMS OR CAUSES OF ACTION AROSE FROM OUR GROSS NEGLIGENCE, RECKLESSNESS OR WILLFUL MISCONDUCT. Subscriber shall defend, indemnify, and hold harmless PSDW, its officers, directors, employees, affiliates and agents and any other service provider who furnishes services to you in connection with the service, from any and all claims, losses, damages, fines, penalties, costs and expenses (including, without limitation, attorneys fees) by, or on behalf of, you or any third party relating to the absence, failure or outage of the service, including 911 Dialing, incorrectly routed 911 Dialing calls, and/or the inability of any user of the service to be able to use 911 Dialing or access emergency service personnel.

Alternate 911 Arrangements: If you are not comfortable with the limitations of the 911 Dialing service, you should consider having an alternate means of accessing traditional 911 or E911 services or disconnecting the service.

ADDITIONAL NOTICES FOR USING THE SERVICE

Theft of Service
You shall not use the service in a manner calculated to avoid PSDW policies and procedures. You shall not obtain or use the services in an improper manner. You shall notify us immediately, in writing or by calling our customer support line, if the Device is stolen or 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 call or write, you must provide your account number and a detailed description of the circumstances of the Device theft, fraudulent use or unauthorized use of service. Failure to do so in a timely manner may result in the disconnection of your service and additional charges to you. Until such time as we receive notice of the theft, fraudulent use or unauthorized use, you will be liable for all use of the service using a device stolen from you and any and all stolen, fraudulent or unauthorized use of the service. PSDW reserves all of its rights at law and equity to proceed against anyone who uses the services illegally or improperly.

Service Distinctions
The service is not a traditional telecommunications service and we provide it on a best efforts basis. Circumstances beyond our control may affect the service, such as power outages, fluctuations in the internet, your underlying broadband service, or maintenance. PSDW will act in good faith to minimize disruptions to use of and access to service. Important distinctions exist between telecommunications service and the service offering that PSDW provides. Including regulatory treatment which may limit or otherwise affect your rights of redress before regulatory agencies.

No 0+ or Operator Assisted Calling; May Not Support x11 Calling
The service does not support 0+ or operator assisted calling (including, without limitation, collect calls, third party billing calls, calling cards or 900 calls). The service may not support 311, 511 and/or other x11 (other than certain specified dialing such as 911 and 411.

INCOMPATIBILITIES

Home Security Systems: The service may not be compatible with home security systems. You may be required to maintain a telephone connection through your local exchange carrier in order to use any alarm monitoring functions for any security system installed in your home or business. You are responsible for contacting the alarm monitoring company to test the compatibility of any alarm monitoring or security system with the service.

Other Equipment: Home Phone VoIP service may not be compatible with fax machines, DVR services, credit card machines, medical alert services and other types of equipment.

Customers must provide their own cordless or corded home phone equipment to work with the PSDW router.

CHARGES FOR DIRECTORY CALLS (411)
We will charge you our current rate for PSDW directory assistance.

CHARGES FOR INTERNATIONAL CALLS
International calls will be billed separately and you will be charged whatever our current retail rate is for each international call based on the location you call. Long distance calls made using PSDW VoIP Home Phone service only includes calls within the 48 continental United States comprising of the 48 contiguous states located on the central part of the North American continent, and does not include Alaska, Hawaii, Puerto Rico, the Virgin Islands, Guam, or any other territory not in the 48 contiguous United States. This may not be a complete list.

LIMITATION OF LIABILITY; INDEMNIFICATION; WARRANTIES

Limitation of Liability
We will not be liable for any delay or failure to provide the service, including 911 Dialing, at any time or from time to time, or any interruption or degradation of voice quality that is caused by any of the following:

  • an act or omission of an underlying carrier, service provider, PSDW or other third party;
  • equipment, network or facility failure;
  • equipment, network or facility upgrade or modification;
  • events such as (but not limited to) acts of God, acts of nature, strikes, fire, war, riot, acts of terrorism and government actions;
  • equipment, network or facility shortage;
  • equipment or facility relocation;
  • service, equipment, network or facility failure caused by the loss of power to you;
  • outage of, or blocking of ports or other impediments to usage of the service caused by any third party;
  • any act or omission by you or any person using the service or device provided to you; or
  • any other cause that is beyond our control, including, without limitation, a failure of or defect in any device, the failure of an incoming or outgoing communication, the inability of communications including, without limitation, 911 Dialing, to be connected or completed, or forwarded. Our aggregate liability under these Terms and Conditions will in no event exceed the service charges with respect to the affected time period.

Disclaimer of Liability for Damages
IN NO EVENT WILL PSDW, ITS OFFICERS, DIRECTORS, EMPLOYEES, AFFILIATES OR AGENTS OR ANY OTHER SERVICE PROVIDER WHO FURNISHES SERVICES TO YOU IN CONNECTION WITH THE SERVICE BE LIABLE FOR ANY DIRECT, INCIDENTAL, INDIRECT, SPECIAL, PUNITIVE, EXEMPLARY, COMPENSATORY, OR CONSEQUENTIAL DAMAGES, OR FOR ANY OTHER DAMAGES, INCLUDING BUT NOT LIMITED TO PERSONAL INJURY, WRONGFUL DEATH, PROPERTY DAMAGE, LOSS OF DATA, LOSS OF REVENUE OR PROFITS, OR DAMAGES ARISING OUT OF OR IN CONNECTION WITH THE USE OR INABILITY TO USE THE SERVICE, INCLUDING INABILITY TO ACCESS EMERGENCY SERVICE PERSONNEL THROUGH THE 911 DIALING SERVICE OR TO OBTAIN EMERGENCY HELP. THE LIMITATIONS SET FORTH HEREIN APPLY TO CLAIMS FOUNDED IN BREACH OF CONTRACT, BREACH OF WARRANTY, PRODUCT LIABILITY, TORT AND ANY AND ALL OTHER THEORIES OF LIABILITY AND APPLY WHETHER OR NOT WE WERE INFORMED OF THE LIKELIHOOD OF ANY PARTICULAR TYPE OF DAMAGES.

Indemnification
Subscriber shall defend, indemnify, and hold harmless PSDW, its parent, subsidiaries, officers, directors, employees, affiliates and agents and any other service provider who furnishes services to you in connection with the service, from any and all claims, losses, damages, fines, penalties, costs and expenses (including, without limitation, attorneys fees) by, or on behalf of, you or any third party or user of the Service, relating to the services, including, without limitation, 911 Dialing, or the device.

No Third Party Beneficiaries
No provision of these Terms and Conditions provides any person or entity not a party to these Terms and Conditions with any remedy, claim, liability, reimbursement, or cause of action or creates any other third party beneficiary rights.

Content
Subscriber will be liable for any and all liability that may arise out of the content transmitted by you or to any person, whether authorized or unauthorized, using your service or device (each such person, a "user"). Subscriber shall assure that your and your user's use of the service and content comply at all times with all applicable laws, regulations and written and electronic instructions for use. PSDW reserves the right to disconnect or suspend services and remove content from the service, if it determines, in our sole and absolute discretion, that such use or content does not conform with the requirements set forth in these Terms and Conditions or interferes with its ability to provide services. PSDW’s action or inaction under this section shall not constitute any review or approval of use or content.




NOTIFY PLUS SERVICE


By subscribing to Public Service Notify Plus (“the service”), you agree to be bound to these Terms and Conditions. You understand that the service is to be used for the intended purpose of communicating with your members, customers or contacts and will not be used for solicitation and/or telemarketing. If the service is used for telemarketing, PSDW may at its sole discretion termination the account with no refund. Additionally, anyone using the service for telemarketing shall be liable for Federal FCC and FTC fines and any applicable state penalties.

Further, you understand that this service shall not be used to transmit messages that contain profane language and/or other material deemed to be offensive to the recipients or PSDW and agree that any use of the Notify Plus service will conform to the Terms and Conditions as outlined below.

We reserve the right to modify and restate the terms and conditions, and modification(s) shall be effective immediately upon being posted on the PSDW website.

You understand and agree that PSDW assumes no responsibility for the timeliness, deletion, non-delivery or failure to store or deliver any customer communications or personalized information.

As a condition of your use of the service, you warrant to PSDW that you will not use the messaging service for any purpose that is unlawful or prohibited by these Terms and Conditions.

MODIFICATION OF TERMS
We reserve the right to modify and restate the terms and conditions and modification(s) shall be effective immediately upon being posted on the PSDW website located at: www.psdatawireless.com. Any new features, pricing changes, updates or improvements to the current services available from PSDW, shall be subject to these Terms & Conditions as they exist now or may be amended in the future. You are responsible for reviewing these terms and conditions regularly. Your continued use of the Notify Plus service shall be deemed your conclusive acceptance of any modifications to the Terms & Conditions.

PRIVACY
PSDW will not sell, lease, rent or give any personal information (including names, addresses, phone numbers, email addresses or text information) provided by customers to any third party.

OPT-IN, OPT-OUT AND PHONE NUMBER REMOVAL
It is the customer's responsibility to follow the Telephone Consumer Protection Act (TCPA). Visit fcc.gov for more information on the TCPA.

If members or customers do not wish to receive messages, you agree to honor their request and remove their telephone number and/or contact information from your list. Requests for removal of numbers sent to us will be forwarded to you.

DEFAULT
PSDW has the right to suspend, restrict or terminate your use of Public Service Notify Plus and to refuse any future use of all or portions of the service if PSDW has reason to believe that you have failed to comply with these Terms and Conditions.

MINIMUM AGE
If you are under the age of eighteen, you are prohibited from using or registering for Public Service Notify Plus. By using or registering for Public Service Notify Plus, you represent and warrant to PSDW that you are at least eighteen years of age.

ACCOUNT SECURITY
Upon registration, you are provided a Subscriber User ID or Username and a Password. You are responsible for protecting the confidentiality of your ID and password, and are fully responsible for all activities that occur under your account in the event your ID and password are compromised.

You agree to immediately notify PSDW of any loss, compromise or unauthorized use of your Subscriber ID and password, or any other breach of security. You may notify PSDW by telephone at (855) 593-3278.

See our Privacy Policy for more information on those components of the service related to privacy.

CONSENT TO RECORD YOUR VOICE INPUTS
You agree and consent that PSDW may record the oral or voice communications, utterances, conversations or commands ("Voice Inputs") made by you during the use of the Public Service Notify Plus service. By using the service, you expressly consent and grant to PSDW the right to record and use your voice Inputs. If you do not want your voice Inputs recorded or used, you may not use the Public Service Notify Plus service.

COMMERCIAL AND NON-COMMERCIAL USE
Public Service Notify Plus offers service plans priced for both commercial and non-commercial use.

Commercial clients may use the service to deliver non-solicitation messages to consumers, or reasonable business-to-business use to contact existing customers, subscribers, members or others with which you have an ongoing business relationship.

Non-commercial customers may use the automated message service to reach, inform and notify members, players, students, and their families of activities, events and issues important to the organization. PSDW has the right to determine whether or not an organization is a commercial or non-commercial user of its service.

Users who attempt to use Public Service Notify Plus outside the scope of their plan will be subject to re-pricing at the then current rate. As way of example and not limitation, non-commercial users who attempt to use Public Service Notify Plus for commercial use will be in violation of this Term and Condition for using the service. In such cases, customer will be contacted, and the service will be subject to re-pricing at the current retail rate available applied retroactively to the time the plan was violated, or may be grounds for termination of service.

MODIFICATION OF SERVICE
You acknowledge and agree that PSDW may establish general practices and limitations, which may not be published, concerning the use of the Public Service Notify Plus service, including without limitation the length of messages sent, and the frequency of use, and the maximum duration for which you may access the service, in a given period of time. You agree that PSDW has no responsibility or liability for the deletion or failure to store any messages and other communications maintained or transmitted by the Public Service Notify Plus service. You agree and PSDW reserves the right to change these general practices and limitations at any time, in our sole discretion, with or without notice.

You may not modify, license, transfer or sell any information, products or services that you access or obtain from any portion of the Public Service Notify Plus service.

You may not attempt to bypass controls, security, passwords or limits set by PSDW and such attempts will be considered a violations of these terms and conditions and punishable by law where applicable.

YOUR CONDUCT
As a condition of your use of the Public Service Notify Plus service, you agree and warrant that you will not:
  • Use the Public Service Notify Plus service in connection with any commercial messages, third party sponsored messages, spamming, advertising or messages that are duplicative, unsolicited, or promotional in nature;
  • Send messages to emergency lines, to any health care facility or similar establishment, to numbers assigned to radio common carrier services, to numbers outside the US and Canada, and, unless granted permission from the recipient, to any service for which the called party is charged for the call;
  • Transmit, or attempt to transmit, any material that may infringe the intellectual property rights, or other rights of third parties, including trademark, copyright or the right of publicity;
  • Impersonate, or attempt to impersonate, any other person, falsify contact information, or caller ID phone number displayed to recipients, misrepresent a relationship with any person or entity, or attempt to mislead others as to the identity of the sender or the origin of a message;
  • Use the Public Service Notify Plus service to convey any information that may be considered unlawful, harassing, libelous, bullying, abusive, threatening, obscene, sexually explicit, hateful, offensive, harmful, vulgar, distasteful, defamatory, or any material that exploits children or is invasive of another person's privacy or other rights or is likely to cause emotional distress (regardless of whether the foregoing is accomplished explicitly or implied);
  • Resell Public Service Notify Plus Services;
  • Attempt to gain unauthorized access to the Public Service Notify Plus service, other accounts, computer systems or networks connected to the service.

Furthermore:
  • You understand that PSDW retains the right, at its sole discretion, to determine whether or not a user's conduct is consistent with these Terms & Conditions and whether to terminate service;
  • You understand that any representative you assign to use the Public Service Notify Plus software under your account has been informed of and agrees to abide by these Terms & Conditions;
  • You will not engage in or encourage conduct that would constitute fraud or would violate the laws of any applicable jurisdiction, including, without limitation, laws governing advertising, alcohol, antitrust, child protection, drugs, encryption, exportation, food, financial services, firearms, gambling, importation, information systems, intellectual property, obscenity, privacy, publicity, securities, telecommunications and tobacco.

You further agree that you will not:
  • Offer, solicit, sell, buy, rent, or license any goods, products, services, or information in, from, or to any location in which such activity is unlawful;
  • Engage in deceptive marketing;
  • Advocate, promote, or otherwise encourage violence against any government, organization, group, individual or property, or provide instruction, information, or assistance in causing or carrying out such violence;

PSDW has the right to immediately terminate any account that it believes, in its sole discretion, is violating any term of these Terms & Conditions, including, but not limited to, the above listed acts.

You may not attempt to bypass controls, security, passwords or limits set by PSDW and such attempts will be considered a violations of these terms and conditions and punishable by law where applicable.

Read our Acceptable Use Policy for additional information.

SERVICE FEES AND CHARGES
All current Public Service Notify Plus monthly plan rates and other miscellaneous fees will be indicated either on the PSDW website or by contacting our business office at (855) 593-3278. PSDW may from time to time modify its monthly rate plans and/or change how plans are packaged and other miscellaneous fees and will make a reasonable effort to notify customers affected by any such rate change. No refunds will be made available at any time for any reason. Reasonable notification is met when information is placed on our website at www.psdatawireless.com and/or e-mailed to the account.

MONTHLY PAYMENTS
Notify Plus is a recurring monthly charge (monthly service). PSDW bills 30 days in advance, unless otherwise specified. All charges are due upon receipt. Non-payment for any reason will result in cut-off of service, will be subject to a reconnection fee (to re-activate services) as well as other fees and/or deposits. All package prices are in U.S. dollars.

PSDW is not responsible for any credit card charges or expenses (i.e. overdrawn accounts, exceeding credit card limits, etc.) resulting from PSDW charges billed to a credit card.

Subscribers are responsible for notifying PSDW of credit card expirations, and providing new credit card numbers for continued billing of PSDW services. It is not the responsibility of PSDW to contact subscribers with rejected credit card payments due to expired cards. Rejected credit card payments will be treated as non-payment, and will result in disconnection of service. A reconnection fee may be applied.

TERM
Plans are for 30 days and automatically renew every 30 days, unless you cancel service prior to the start of the 30 day renewal. There is no penalty charge for cancellation; however, there are no refunds for partial months cancelled, and a re-activation charge may apply if the service is reconnected.

NOTICE
You agree that PSDW may send any notices to you through e-mail, regular mail, posting the notices on the PSDW website or through Notify Plus communication. You agree to accept e-mail from PSDW by setting any email spam filters or blocking software to accept messages from PSDW.




E911


Enhanced 911 (E911) service delivers address-specific (versus phone number-only) call-back information to public service answering points (PSAPs) whenever an emergency call is made. This enables emergency personnel to identify a caller’s location even if the caller is unable to speak or if the call is suddenly disconnected.

PSDW's E911 service --SUBJECT TO THE LIMITATIONS DESCRIBED BELOW-- automatically routes emergency calls to dispatch operators at local PSAPs.

THE FCC MANDATE
On June 3rd 2005, the Federal Communications Commission (FCC) mandated that all Internet phone service providers interconnected to the public switched telephone network offer E911 as a standard element of their residential and business offerings.

The FCC also requires Internet phone service providers to inform subscribers that, under certain circumstances, when 911 is dialed from a phone connected to an Internet phone service, E911 service may not be available, or the E911 service may be limited in some way by comparison to traditional E911 service.

These circumstances include:
  1. When the location of your PSDW device is at a physical address other than the one you listed when you activated your account.
  2. When a subscriber’s broadband phone device fails or is not configured properly.
  3. When there is an electrical power outage, service outage or suspension/disconnection of PSDW service due to billing or other issues.
  4. When there is a delay in the provision of PSDW service ("dial tone") at the physical address provided at the time of account activation.
  5. When a change of address has been reported, but not yet been updated on the PSDW account.
  6. When the local PSAP receiving PSDW E911 emergency service calls does not have a system configured for E911 services that enables the operator to capture and/or retain automatic number or location information.
  7. When due to technical factors in network design and/or in the event of network congestion on the PSDW network, a PSDW E911 call may produce a busy signal or experience unexpected answering wait times and/or take longer to answer than 911 calls placed via traditional telephone networks.

PSDW is committed to meeting the demands of our subscribers for E911 as well as the FCC’s requirements with the same diligence and seriousness with which we have always approached this important telecommunications issue.

For additional information on E911, read the Home Phone Service section of these Terms and Conditions.




MISCELLANEOUS


CUSTOMER RELOCATION or MOVING
In the event customer elects to relocate or move to a new location where wireless internet/phone coverage remains available, customer will be responsible for standard installation charges to detach and re-install device at an alternate location. Additional charges for mileage and/or hourly technician rates for relocates from one town to another may also apply.

PS Data Wireless service is based on topography and may not be available in all areas of the city and county where a customer currently resides. In the event customer elects to relocate or move from a location where services were available, agreed upon and accepted, to a location where wireless internet/phone coverage is not available, customer will still be bound to any financial or contractual obligation made to PS Data Wireless. Customer is advised to check wireless coverage from PS Data Wireless prior to re-locating to avoid default of the agreement if possible.

Customer agrees that all Early Termination Fees will apply, including current monthly charges, and can be applied to the payment method on file, immediately upon early cancellation or non-pay.

RETURNED EQUIPMENT
All customers paying a per month equipment fee to utilize equipment owned by PS Data Wireless, or any returned equipment for any other reason, must be returned with all original pieces to include, but not limited to: the LTE device, ethernet cable, power cords/plug and original packaging.

SEVERABILITY
If any part of these “Terms and Conditions” are legally declared invalid or unenforceable, all other parts of these “Terms and Conditions” are still valid and enforceable. Such invalidity or non-enforceability will not invalidate or render unenforceable any other portion of these “Terms and Conditions”.

SUBCONTRACTORS
You understand, acknowledge, and agree that from time-to-time during the term of these “Terms and Conditions”, PSDW may, in its sole and absolute discretion, delegate performance of some or all of its rights and obligations hereunder to third parties selected by PSDW. You hereby consent to such subcontracting activity, provided that PSDW shall remain accountable to you for the performance of any such obligations.

ACCEPTANCE
By using the service in any way, you agree that you have read and understand fully these Terms and Conditions and are bound by them.

LIMITATION OF LIABILITY
You agree you have selected the services purchased hereunder and agree that Public Service has made no and makes no representations or warranties of any kind or nature, either directly or indirectly expressed or implied, as to any matter whatsoever, including but not limited to suitability, quality, durability, fitness for any particular purpose, merchantability, condition, or its treatment for tax purposes. Public Service shall not be liable to the customer or others for any loss, damage, or expenses of any kind or nature caused directly or indirectly by any service or products purchased, or the maintenance hereof, or the failure of operation thereof, or by any delay, by any interruption of service, or loss of use thereof or for any loss of indirect, special or consequential damages whatsoever and howsoever caused.

NO WARRANTIES ON SERVICE
WE MAKE NO WARRANTIES, EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO, ANY IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS OF THE SERVICE OR DEVICE FOR A PARTICULAR PURPOSE, TITLE OR NON-INFRINGEMENT OR ANY WARRANTY ARISING BY USAGE OF TRADE, COURSE OF DEALING OR COURSE OF PERFORMANCE OR ANY WARRANTY THAT THE SERVICE WILL MEET CUSTOMER'S REQUIREMENTS. WITHOUT LIMITING THE FOREGOING, WE DO NOT WARRANT THAT THE SERVICE OR DEVICE WILL BE WITHOUT FAILURE, DELAY, INTERRUPTION, ERROR, DEGRADATION OF VOICE QUALITY OR LOSS OF CONTENT, DATA OR INFORMATION. NEITHER PSDW NOR ITS OFFICERS, DIRECTORS, EMPLOYEES, AFFILIATES OR AGENTS, OR ANY OTHER SERVICE PROVIDER OR VENDOR WHO FURNISHES SERVICES, DEVICES, OR PRODUCTS TO CUSTOMER IN CONNECTION WITH THE SERVICE, WILL BE LIABLE FOR UNAUTHORIZED ACCESS TO OUR OR YOUR TRANSMISSION FACILITIES OR PREMISES EQUIPMENT OR FOR UNAUTHORIZED ACCESS TO, OR ALTERATION, THEFT OR DESTRUCTION OF, CUSTOMER'S DATA FILES, PROGRAMS, PROCEDURES OR INFORMATION THROUGH ACCIDENT, FRAUDULENT MEANS OR DEVICES OR ANY OTHER METHOD, REGARDLESS OF WHETHER SUCH DAMAGE OCCURS AS A RESULT OF PSDW'S OR ITS SERVICE PROVIDER'S OR VENDORS' NEGLIGENCE. STATEMENTS AND DESCRIPTIONS CONCERNING THE SERVICE OR DEVICE, IF ANY, BY PSDW OR PSDW'S AGENTS OR INSTALLERS ARE INFORMATIONAL AND ARE NOT GIVEN AS A WARRANTY OF ANY KIND.

ARBITRATION
Except for actions initiated by Public Service to collect charges due for service provided, it is agreed by all parties hereto that all disputes, claims or controversies shall be resolved by binding arbitration conducted pursuant to the Federal Arbitration Act (9 U.S.C. § 1, et seq.) in accordance with the American Arbitration Association Rules for the Resolution of Customer-Related Disputes. Customer expressly acknowledges and agrees that binding arbitration is the customer’s exclusive remedy in the event of any dispute relating to services provided and customer waives all rights to have any such dispute decided in a court of law, whether by individual proceeding or class action. All rights to participate in class arbitration are hereby waived and it is furthermore agreed that punitive damages cannot be awarded against any party in any arbitration proceeding.




Public Service Communications
ACCEPTABLE USE POLICY


Public Service Communications (“Public Service” or “Company”) parent company for Public Service Telephone, Flint Cable Television, Public Service Data d/b/a PSTEL.Net and PSData Wireless (PSDW), has adopted this Acceptable Use Policy (“AUP”) to outline the acceptable use of any and all Public Service’s subsidiaries which provide Broadband Internet services (“Broadband Service”). This AUP is in addition to any other restrictions contained in the PSDW Terms and Conditions. Please refer to the Frequently Asked Questions (“FAQs”) at www.psdatawireless.com, or at any Public Service subsidiary website, which includes explanations of how Public Service implements and applies many of the provisions contained in this AUP.

You, the customer, must comply with this AUP. Your failure to do so could result in the suspension or termination of your Broadband or other services. If you do not agree to comply with this AUP, you must immediately stop all use of the Broadband and other services provided by Public Service and notify Public Service so that it can close your account.

Public Service may revise this AUP from time to time by posting a new version of the Terms and Conditions on the web site at www.psdatawireless.com (the “PSDW website”). Public Service will use reasonable efforts to make customers aware of any changes to this AUP, which may include sending e-mail announcements or posting information on the PSDW website. Revised versions of this AUP are effective immediately upon posting. Accordingly, customers of any of the Public Service Broadband Internet services should read any Public Service announcements they receive and regularly visit the PSDW web site and review this AUP to ensure that their activities conform to the most recent version. If you have questions regarding this AUP, or to report violations of it, you can contact PSDW through its website at www.psdatawireless.com. To report illegal content on the Internet go to www.ftc.gov.

PROHIBITED USES AND ACTIVITIES
In general, this AUP prohibits uses and activities involving the Broadband service and other services that are illegal, infringe the rights of others, or interfere with or diminish the use and enjoyment of the Broadband service and other services by other users.

NETWORK AND USAGE RESTRICTIONS
No user of the Broadband service and other services, customer equipment, or Public Service Equipment may, individually or in combination with another:

  1. restrict, inhibit, or otherwise interfere with the ability of any other person, regardless of intent, purpose or knowledge, to use or enjoy the Broadband service and other services (except for safety and security functions such as parental controls, for example), including, without limitation, posting or transmitting any information or software which contains a worm, virus, or other harmful feature, or generating levels of traffic sufficient to impede others' ability to use, send, or retrieve information;
  2. restrict, inhibit, interfere with, or otherwise disrupt performance of the Broadband service or other services which cause a performance degradation regardless of intent, purpose or knowledge, to the Broadband service or any Public Service (or Public Service supplier) host, server, backbone network, node or service, or otherwise cause a performance degradation to any Public Service (or Public Service supplier) facilities used to deliver the Broadband service and other services;
  3. resell the Broadband service or other services, or otherwise make available to anyone outside the premises the ability to use the Broadband service or other services (for example, through Wi-Fi or other methods of networking), in whole or in part, directly or indirectly. You agree not to use the Broadband service for operation as an Internet service provider;
  4. connect the Public Service Equipment to any computer outside of your premises;
  5. interfere with computer networking or telecommunications service to any user, host or network, including, without limitation, denial of service attacks, flooding of a network, overloading a service, improper seizing and abusing operator privileges, and attempts to “crash” a host; and
  6. accessing and using the Broadband service with anything other than a dynamic Internet Protocol (“IP”) address that adheres to the dynamic host configuration protocol (“DHCP”). You may not configure the Broadband service or any related equipment to access or use a static IP address or use any protocol other than DHCP unless you are subject to a Broadband service plan that expressly permits you to do so.

CONDUCT AND INFORMATION RESTRICTIONS
No user of the Broadband service or other services, customer equipment, or Public Service Equipment may, individually or in combination with another:

  1. avoid incurring charges for or otherwise being required to pay for usage of the Broadband service or other services;
  2. invade another person’s privacy, stalk, harass, or otherwise violate the rights of other persons;
  3. undertake or accomplish any unlawful purpose. This includes, but is not limited to, posting, storing, transmitting or disseminating information, data or material which is libelous, obscene, unlawful, threatening or defamatory, or which infringes the intellectual property rights of any person or entity, or which in any way constitutes or encourages conduct that would constitute a criminal offense, or otherwise violate any local, state, federal, or non-U.S. law, order, or regulation;
  4. post, store, send, transmit, or disseminate any information or material which a reasonable person could deem to be unlawful;
  5. upload, post, publish, transmit, reproduce, create derivative works of, or distribute in any way information, software or other material obtained through the Broadband service or otherwise that is protected by copyright or other proprietary right, without obtaining any required permission of the owner;
  6. transmit unsolicited bulk or commercial messages commonly known as “spam;”
  7. send voluminous copies of the same or substantially similar messages, empty messages, or messages which contain no substantive content, or send very large messages or files that disrupts a server, account, blog, newsgroup, chat, or similar service;
  8. initiate, perpetuate, or in any way participate in any pyramid or other illegal scheme;
  9. participate in the collection of voluminous amounts of e-mail addresses, screen names, or other identifiers of others (without their prior consent), a practice sometimes known as spidering or harvesting, or participate in the use of software (including “spyware”) designed to facilitate this activity;
  10. collect responses from unsolicited bulk messages;
  11. falsify, alter, or remove message headers;
  12. falsify references to Public Service or its network, by name or other identifier, in messages;
  13. impersonate any person or entity, engage in sender address falsification, forge anyone else's digital or manual signature, or perform any other similar fraudulent activity (for example, “phishing”);
  14. violate the rules, regulations, terms of service, or policies applicable to any network, server, computer database, service, application, system, or website that you access or use.

TECHNICAL RESTRICTIONS
No user of the Broadband service or other services, customer equipment, or the Public Service Equipment may, individually or in combination with another:

  1. use the Internet service or facilities for web-hosting, e-mail hosting, or other unusually high-bandwidth consumption unless you have made special subscription arrangements with one of Public Service’s subsidiaries and the usage does not otherwise violate law or regulation;
  2. access any other person's computer or computer system, network, software, or data without his or her knowledge and consent; breach the security of another user or system; or attempt to circumvent the user authentication or security of any host, network, or account. This includes, but is not limited to, accessing data not intended for you, logging into or making use of a server or account you are not expressly authorized to access, or probing the security of other hosts, networks, or accounts without express permission to do so;
  3. use or distribute tools or devices designed or used for compromising security or whose use is otherwise unauthorized, such as password guessing programs, decoders, password gatherers, keystroke loggers, analyzers, cracking tools, packet sniffers, encryption circumvention devices, or Trojan Horse programs. Unauthorized port scanning is strictly prohibited;
  4. copy, distribute, or sublicense any proprietary software provided in connection with the Broadband service or other services provided by Public Service or any third party, except that you may make one copy of each software program for back-up purposes only;
  5. distribute programs that make unauthorized changes to software (cracks);
  6. use or run dedicated, stand-alone equipment or servers from the premises that provide network content or any other services to anyone outside of your premises local area network (“premises LAN”), also commonly referred to as public services or servers. Examples of prohibited equipment and servers include, but are not limited to, e-mail, web hosting, file sharing, and proxy services and servers;
  7. use or run programs from the premises that provide network content or any other services to anyone outside of your premises LAN, except for personal and non-commercial residential use;
  8. service, alter, modify, or tamper with Public Service Equipment, Broadband service or other services, or permit any other person to do the same who is not authorized by Public Service.

CUSTOMER CONDUCT AND FEATURES OF THE BROADBAND SERVICE

Customer Obligations
In addition to being responsible for your own compliance with this AUP, you are also responsible for any use or misuse of the Broadband service or other services that violates this AUP, even if it was committed by a friend, family member, or guest with access to your service(s) or account. Therefore, you must take steps to ensure that others do not use your account to gain unauthorized access to the Broadband service or other services by, for example, strictly maintaining the confidentiality of your login and password. In all cases, you are solely responsible for the security of any device you choose to connect to the Broadband or other services, including any data stored or shared on that device and service. It is also your responsibility to secure the customer equipment and any other premises equipment or programs not provided by Public Service that connect to the Broadband or other services, from external threats such as viruses, spam, bot nets, and other methods of intrusion. You agree that you will be responsible for any and all use of your service. If you allow others to access your service and something happens; whether illegal, overage charges for excessive use or otherwise, you agree that you are responsible.

Public Service’s Rights
Public Service reserves the right to refuse to transmit or post, and to remove or block, any information or materials, in whole or in part, that it, in its sole discretion, deems to be in violation of this AUP, or otherwise harmful to Public Service's network or customers using the Broadband and other services, regardless of whether this material or its dissemination is lawful so long as it violates this AUP. Neither Public Service nor any of its affiliates, suppliers, or agents have any obligation to monitor transmissions or postings (including, but not limited to, e-mail, file transfer, blog, newsgroup, and instant message transmissions) made on the Broadband and/or other services. However, Public Service and its affiliates, suppliers, and agents have the right to monitor these transmissions and postings from time to time for violations of this AUP and to disclose, block, or remove them in accordance with this AUP, and applicable law.

Service Restrictions

All of Public Service’s network and system services are provided according to scheduled fees for each type of service. You agree to use such services in accordance with the terms set forth below.
  1. Email and Web-Hosting Services
    1. Unsolicited Email Prohibited - You may not use Public Service-hosted email addresses for the purpose of sending unsolicited email. You may not use or cause to be used Public Service equipment, network connectivity, or other resources to originate, deliver, relay or otherwise transmit unsolicited email messages. You may not engage in any of the foregoing prohibited activities by using the service of any other provider, third-party agent, re-mailing service or address forwarding service, in such a way that Public Service’s network addresses or Public Service-hosted web or email services are in any way identified as being associated with the sending of unsolicited email.
    2. Unauthorized use, or forging, of mail header information (e.g. “spoofing”) is prohibited.
    3. Fraudulent Activity Prohibited – You may not use the Public Service email and web-hosting services to make fraudulent offers to sell or buy products, items, services, or to advance any type of financial scam such as “pyramid schemes”, “Ponzi schemes”, or “chain letters.” You may not use techniques to hide or obscure the source of any e-mail or other communications.
    4. Public Service reserves the right to suspend or delay delivery of email to customer utilizing Public Service email services and/or the virtual domain email if the volume of email being redirected, stored, or delivered on the customer’s behalf is deemed excessive. Excessive traffic is defined as any amount of email traffic that noticeably degrades performance on the server in question, in the sole discretion of Public Service. Stored mail exceeding these limits may be transferred to a compressed file at Public Service’s discretion. Public Service will attempt to notify the account holder via the account contact information on record; however, Public Service reserves the right to delete the contents of such email boxes upon thirty (30) days after attempted notification.

    The Broadband service and other services may not be used to communicate or distribute e-mail or other forms of communications in violation of this AUP. Public Service uses reasonable network management tools and techniques to protect customers from receiving spam and from sending spam (often without their knowledge over an infected computer).

    Public Service is not responsible for deleting or forwarding any e-mail sent to the wrong e-mail address by you or by someone else trying to send e-mail to you. Public Service is also not responsible for forwarding e-mail sent to any account that has been suspended or terminated. This e-mail will be returned to the sender, ignored, deleted, or stored temporarily at Public Service's sole discretion. In the event that Public Service believes in its sole discretion that any subscriber name, account name, or e-mail address (collectively, an “identifier”) on the Broadband service may be used for, or is being used for, any misleading, fraudulent, or other improper or illegal purpose, Public Service (i) reserves the right to block access to and prevent the use of any of these identifiers and (ii) may at any time require any customer to change his or her identifier. In addition, Public Service may at any time reserve any identifiers on the Broadband service for Public Service's own purposes. In the event that a Broadband service account is terminated for any reason, all e-mail associated with that account (and any secondary accounts) will be permanently deleted as well.
  2. Instant, Video, and Audio Messages
    Each user is responsible for the contents of his or her instant, video, and audio messages and the consequences of any of these messages. Public Service assumes no responsibility for the timeliness, non-delivery, deletion, or failure to store these messages. In the event that a Broadband service account is terminated for any reason, all instant, video, and audio messages associated with that account (and any secondary accounts) will be permanently deleted as well.
  3. Personal Web Pages and File Storage
    As part of the Broadband service, Public Service may provide access to personal web pages and storage space through the Personal Web Pages and Online Storage features (collectively, the “Personal Web Features”). You are solely responsible for any information that you or others publish or store on the Personal Web Features. You are also responsible for ensuring that all content made available through the Personal Web Features is appropriate for those who may have access to it. For example, you must take appropriate precautions to prevent minors from receiving or accessing inappropriate content. Public Service reserves the right to remove, block, or refuse to post or store any information or materials, in whole or in part, that it, in its sole discretion, deems to be in violation of Section I of this AUP. For purposes of this AUP, “material” refers to all forms of communications including text, graphics (including photographs, illustrations, images, drawings, logos), executable programs and scripts, video recordings, and audio recordings. Public Service may remove or block content contained on your Personal Web Features and terminate your Personal Web Features and/or your use of the Broadband service if we determine that you have violated the terms of this AUP.

NETWORK MANAGEMENT & LIMITATIONS ON DATA CONSUMPTION

Public Service manages its network with the goal of delivering a fast, safe and uncompromised broadband Internet experience to all of its customers. But, high-speed bandwidth and network resources do have limitations. Public Service customers have the choice between subscribing to a usage-based plan, or subscribing to the unlimited plan set at 3 Mbps down and 1 Mbps up at a 150 GB data usage cap. In the event a customer reaches the 150 GB cap, they will continue to have unlimited access at 1 Mbps down and 1 Mbps up, until the monthly plan begins again. Managing the network is essential for the promotion of best possible Broadband Internet experience by all of Public Service’s customers. The company uses reasonable network management practices that are consistent with industry standards. Public Service tries to use tools and technologies that are minimally intrusive and, in its independent judgment guided by industry experience, among the best in class. Of course, the company's network management practices will change and evolve along with the uses of the Internet and the challenges and threats on the Internet.

All broadband Internet service providers manage their networks. Many of them use the same or similar tools that Public Service does. If the company didn't manage its network, its customers would be subject to the negative effects of spam, viruses, security attacks, network congestion, and other risks and degradations of service. By engaging in responsible network management including enforcement of this AUP, Public Service can deliver the best possible broadband Internet experience to all of its customers. For more information, visit one of Public Service's websites at www.psdatawireless.com, www.pstel.com, www.pstel.net, or www.flintcatv.com.

Network Management
Public Service uses various tools and techniques to manage its network, deliver the Broadband service, and ensure compliance with this AUP. These tools and techniques are dynamic, like the network and its usage, and can and do change frequently. Public Service’s network management practices may include (i) identifying spam and preventing its delivery to customer e-mail accounts, (ii) detecting malicious Internet traffic and preventing the distribution of viruses or other harmful code or content, (iii) temporarily lowering the priority of traffic for users who are the top contributors to current network congestion, and (iv) using other tools and techniques that Public Service may be required to implement in order to meet its goal of delivering the best possible broadband Internet experience to all of its customers. For more information on our network management, read our Network Management Policy.

Network Usage and Data Consumption Restrictions
You acknowledge that all of the Public Service Internet services are intended for periodic, active use of email, user newsgroups, transfers via FTP, Internet chat, Internet games, and browsing of the Internet. You must comply with all current bandwidth, data storage, and other limitations on Public Service’s Internet Services established by Public Service and Public Service suppliers. You agree not to intentionally use Public Service’s Internet Services on a standby or inactive basis in order to maintain a connection. The excessive use or abuse of Public Service’s network resources by one customer may have a negative impact on all other customers. Accordingly, you may not use Public Service’s Internet services or take any action, directly or indirectly, that will result in excessive consumption or utilization of the system or network resources, or which may weaken network performance, as determined by Public Service’s sole discretion. Such prohibited actions include, but are not limited to: using Public Service’s Internet services to host a web server site which attracts excessive traffic at your location, continuously uploading or downloading streaming video or audio, use net hosting, continuous FTP uploading or downloading, or acting in a manner that negatively effects other users’ ability to engage in real time exchanges and use of Public Service’s Internet services.

Public Service reserves the right to suspend or terminate Broadband service accounts where data consumption is excessive as determined by Public Service in its sole discretion.

Common activities that may cause excessive data consumption in violation of this AUP include, but are not limited to, numerous or continuous bulk transfers of files and other high capacity traffic using (i) file transfer protocol (“FTP”), and (ii) newsgroups. You must also ensure that your use of the Broadband service does not restrict, inhibit, interfere with, or degrade any other person's use of the Broadband service, nor represent (as determined by Public Service in its sole discretion) an overly large burden on the network. In addition, you must ensure that your use of the Broadband service does not limit or interfere with Public Service's ability to deliver and monitor the Broadband service or any part of its network.

If you use the Broadband service in violation of the restrictions referenced above, that is a violation of this AUP. In these cases, Public Service may, in its sole discretion, suspend or terminate your Broadband service account or request that you subscribe to a different version of the Broadband service if you wish to continue to use the Broadband service at higher data consumption levels. Public Service may also provide versions of the Broadband service with different speed and data consumption limitations, among other characteristics, subject to applicable Broadband service plans.

Public Service's determination of the data consumption for Broadband service accounts is final.

VOILATION OF THIS ACCEPTABLE USE AUP

Public Service reserves the right to immediately suspend or terminate your account for Broadband or other services if you violate the terms of this AUP or the Terms and Conditions.

Public Service does not routinely monitor the activity of individual Broadband service accounts for violations of this AUP, except for determining aggregate data consumption in connection with the data consumption provisions of this AUP. However, in the company's efforts to promote good citizenship within the Internet community, it will respond appropriately if it becomes aware of inappropriate use of the Broadband service. Public Service has no obligation to monitor the Broadband service and/or the network. However, Public Service and its suppliers reserve the right at any time to monitor bandwidth, usage, transmissions, and content in order to, among other things, operate the Broadband service; identify violations of this AUP; and/or protect the network, the Broadband service and Public Service users.

Public Service prefers to inform customers of inappropriate activities and give them a reasonable period of time in which to take corrective action. Public Service also prefers to have customers directly resolve any disputes or disagreements they may have with others, whether customers or not, without Public Service's intervention. However, if the Broadband service is used in a way that Public Service or its suppliers, in their sole discretion, believe violates this AUP, Public Service or its suppliers may take any responsive actions they deem appropriate under the circumstances with or without notice. These actions include, but are not limited to, temporary or permanent removal of content, cancellation of newsgroup posts, filtering of Internet transmissions, and the immediate suspension or termination of all or any portion of the Broadband service (including but not limited to newsgroups). Neither Public Service, nor its affiliates, suppliers, or agents will have any liability for any of these responsive actions. These actions are not Public Service's exclusive remedies and Public Service may take any other legal or technical actions it deems appropriate with or without notice.

Public Service reserves the right to investigate suspected violations of this AUP, including the gathering of information from the user or users involved and the complaining party, if any, and examination of material on Public Service's servers and network. During an investigation, Public Service may suspend the account or accounts involved and/or remove or block material that potentially violates this AUP. You expressly authorize and consent to Public Service and its suppliers cooperating with (i) law enforcement authorities in the investigation of suspected legal violations, and (ii) and system administrators at other Internet service providers or other network or computing facilities in order to enforce this AUP. Upon termination of your account for Broadband service or other services, Public Service is authorized to delete any files, programs, data, e-mail and other messages associated with your account (and any secondary accounts).

The failure of Public Service or its suppliers to enforce this AUP, for whatever reason, shall not be construed as a waiver of any right to do so at any time. You agree that if any portion of this AUP is held invalid or unenforceable, that portion will be construed consistent with applicable law as nearly as possible, and the remaining portions will remain in full force and effect. You agree to indemnify, defend and hold harmless Public Service and its affiliates, suppliers, and agents against all claims and expenses (including reasonable attorney fees) resulting from any violation of this AUP. Your indemnification will survive any termination of these Terms and Conditions or any contractual agreement with Public Service.

COPYRIGHT AND DIGITAL MILLENNIUM COPYRIGHT ACT REQUIREMENTS

Public Service is committed to complying with U.S. copyright and related laws, and requires all customers and users of the Broadband service to comply with these laws. Accordingly, you may not store any material or content on, or disseminate any material or content over, the Broadband service (or any part of the Broadband service) in any manner that constitutes an infringement of third party intellectual property rights, including rights granted by U.S. copyright law. Owners of copyrighted works who believe that their rights under U.S. copyright law have been infringed may take advantage of certain provisions of the Digital Millennium Copyright Act of 1998 (the “DMCA”) to report alleged infringements. It is Public Service's policy in accordance with the DMCA and other applicable laws to reserve the right to terminate the Broadband service provided to any customer or user who is either found to infringe third party copyright or other intellectual property rights, including repeat infringers, or who Public Service, in its sole discretion, believes is infringing these rights. Public Service may terminate the Broadband service, or any other service, at any time, with or without notice for any affected customer or user.




Public Service Communications
NETWORK MANAGEMENT POLICY


Public Service Communications (“Public Service” or “Company”) is the parent company for Public Service Telephone, Flint Cable Television, Public Service Data d/b/a PSTEL.Net and PSData Wireless, each offering broadband internet services, and provides this Policy in order to disclose its network management practices in accordance with the FCC’s Open Internet Rules. Information about Public Service’s other policies and practices are available at one of the following websites; www.psdatawireless.com (“Public Service Website”), www.pstel.net, www.pstel.com, or www.flintcatv.com.

Public Service manages its network to ensure that all of its customers experience a safe and secure broadband Internet environment that is fast, reliable and affordable. Public Service wants its customers to indulge in all that the Internet has to offer, whether it is social networking, streaming videos and music, to communicating through email and video conferencing.

Public Service manages its network for a number of reasons, including optimization, as well as congestion and security protocol management.

PUBLIC SERVICE’S NETWORK MANAGEMENT PRACTICES

Public Service uses various tools and industry standard techniques to manage its network and deliver fast, secure and reliable Internet service. Such management tools and practices include the following:

Managing Congestion
Public Service periodically monitors the connections on its network in the aggregate to determine the rate of utilization. If congestion emerges on the network, Public Service will engage in the re-routing of Internet traffic to relieve congestion. In order to reduce instances of congestion, Public Service adds capacity to its network when utilization has reached a level of at least 80%. On our core and access networks, Public Service may increase capacity by adding FTTH nodes, transport, Internet aggregation routers and bandwidth, as needed.

On Public Service’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 when instances of congestion do occur on Public Service’s network.

Customers whose conduct abuses or threatens Public Service’s network or which violates the Company’s Acceptable Use Policy or Internet service Terms and Conditions 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.

Public Service’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. Public Service’s network management does not relate to any particular customer’s aggregate monthly data usage.

Network Security
Public Service 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 providing resources to its customers for identifying and reporting such threats as spam, viruses, firewall issues, and phishing schemes. Public Service also deploys spam filters in order to divert spam from an online customer’s email inbox while allowing the customer to control which emails are identified as spam.

As its normal practice, Public Service does not block any protocols, content or traffic for purposes of network management except that the company 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.

Except as may be provided elsewhere herein, Public Service does not currently engage in any application-specific behaviors nor does it employ any device attachment rules for its network.

Technology
Public Service’s network management employs a variety of industry-standard tools, applications and devices to monitor, secure and maintain its network.

Monitoring Schedule
Public Service uses network management software to conduct periodic monitoring of the network in order to detect abnormal traffic flows, congestion, network security breaches, malware, loss, and damage to the network. Public Service monitors the network on a daily basis and receives weekly reports on the status of the network.

Network Performance
Public Service takes measurements of various components for network performance, analysis of the measurements to determine normal levels, and determination of appropriate threshold values to ensure required levels of performance for its network. Public Service measures such components as mean upload/download speeds, latency, internal testing, and consumer speed tests to gauge network performance. The Company monitors the values of these components to determine the overall performance of the network. The following is a best approximation of Public Service’s Network Management Performance based on the measured components:

Public Service 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 Public Service’s network.

Public Service measures availability, latency, and aggregate utilization on the network and strives to meet internal service level targets. However, customer’s service performance may also be affected by one or more of the following: (1) the particular websites being accessed; (2) capacity in the public Internet beyond Public Service’s network; (3) customer’s computer and equipment (including wireless router); and (4) inside wiring at customer’s premise.




Public Service Communications
PRIVACY POLICY


Public Service Communications (“Public Service” or “Company”), parent company for Public Service Telephone, Flint Cable Television, Public Service Data d/b/a PSTEL.Net and PSData Wireless, is committed to protecting its customers’ privacy. Users should review this privacy policy to better understand Public Service’s views and practices, and how they pertain to them as customers of any Public Service web or other service.

What types of information does Public Service collect?

Public Service may collect two types of information: personal information and non-personal information. “Personal information” refers to information that is particular to you, such as, your name, address, phone number, fax number, and e-mail address. “Non-personal information” refers to information that does not by itself identify a specific individual. This information may include Public Service’s website Uniform Resource Locator (“URL”) history, your browser information and your Internet Protocol (“IP”) address.

How do we collect information from you?

In general, Public Service does not collect personal information on this site without your knowledge and active participation. You may visit our site without divulging any personal information; however, there are areas of this site that might require personal information in order to contact Public Service directly, specifically, when registering e-mails, obtaining remote access, and contacting online technical support.

Information is collected on this site in the following ways:

Browsing our site
Public Service can collect IP addresses for the purposes of system administration, to gather broad demographic information, and to monitor the level of activity on our site. Public Service can collect information from visitors to our site regarding the referring URL, your IP address, which browser you used to come to our site, and the pages of our site that you viewed during your visit and any search terms entered on our site.

Cookies
“Cookies” are small pieces of information that are stored by your browser on your computer hard drive. Our cookies do not contain any personally identifying information. Your web browser may allow you to be notified when you are receiving a cookie, giving you the choice to accept it or not. While you can still navigate through our site if you do not accept cookies, you may not be able to register for e-mails or obtain remote access from Public Service.

E-mail
As noted above, on Public Service’s website, you are given the opportunity to send e-mail to us. Public Service retains the information in any e-mail that you send to us, such as your name, e-mail address, physical or mailing address, telephone number, etc. Public Service may periodically send you e-mails or other company information. Public Service will not send you e-mails if you have previously requested us not to do so and/or have not registered to receive them.

Public Service reserves the right to access broadband traffic from individual accounts for the purposes of general maintenance and management of the network, as well as, upon request by law enforcement officials.

How is your personal information used?

911 Dialing
All of our customers have access to either basic 911 or Enhanced 911 (E911) service. With E911 service, when you dial 911, your telephone number and registered address are simultaneously sent to the local emergency center assigned to your location, and emergency operators have access to the information they need to send help and call you back if necessary. Customers in locations where the emergency center is not equipped to receive your telephone number and address have basic 911. With basic 911, the local emergency operator answering the call will not have your call back number or your exact location, so you must be prepared to give them this information. Until you give the operator your phone number, he/she may not be able to call you back or dispatch help if the call is not completed or is not forwarded, is dropped or disconnected. Basic 911 requires that you communicate (speak) certain identifying information.

By using the service, you authorize us to disclose your name and address to third-parties involved with providing 911 Dialing to you, including, without limitation, call routers, call centers and local emergency centers.

For more information on how 911 dialing works with PSDW VoIP Home Phone service, you must read the Home Phone Service section of these Terms and Conditions.

Public Service Subsidiaries
Public Service also uses your information in connection with delivering its products and services to you. More importantly, Public Service wants to deliver a compelling online experience that will keep customers coming back to visit the service again and again. Public Service uses the information supplied to it as a means to personalize portions of the service. Some of these personalized services are made available directly by Public Service, while others may be offered by its content partners or other subsidiaries of the parent company. By using the service in any way, you are providing consent and authorizing Public Service Communications, its subsidiaries, its affiliates, or any third party used by Public Service Communications in the course of doing business, to have access to and use your information.

Public Service uses the personal information it collects to provide you with information or samples that you have requested. In addition, we use the non-personal information we collect to provide you with a better site experience in the future. Public Service analyzes and evaluates customer preferences, comments, and criticisms of its offerings in order to make improvements to the present and future versions of the service. Public Service does not rent, sell or trade your private information to any non-affiliated third party.

Who is collecting your information?
While you are on Public Service’s website, the Company can collect non-personal and e-mail information. In addition, we will provide links in Public Service’s website to third party websites. Public Service is not responsible for the third party websites. Public Service urges you to review carefully the privacy policies posted on these sites. Public Service cannot guarantee the accuracy of the information found on these sites. Please be aware that Public Service does not control, nor are we responsible for, the privacy policies of third parties or their company websites. This Privacy Statement applies only to Public Service and the information we collect on our site.

With whom do we share your information?
As described above, some of your information can be shared with third parties as a result of your navigation to the third party web site. In addition and with your authorization by using the service, we can, in the future, share certain personal or non-personal information with other subsidiaries, affiliates, or any third parties used by Public Service Communications in the course of doing business.

Public Service will never willfully disclose individually identifiable information about its customers to a third party which it does not directly do business with, without first receiving that customer’s permission unless Public Service believes in good faith that the law requires it, or to protect the rights or property of Public Service.

How does Public Service protect your personal information?
Public Service takes reasonable precautions to protect your personal information against unauthorized access by storing the information on a secure server, which is accessible only by authorized personnel.

Unfortunately, no data transmission over the Internet can be guaranteed to be 100% secure and we will not be held liable should a third party illegally obtain your personal information. While we have made significant efforts to protect your personal information, we cannot ensure or warrant the security of any information you transmit to us, and you do so at your own risk.

Public Service takes special care to protect the safety and privacy of young people using its services. The Public Service site does not knowingly collect information about children and the majority of its site is not specifically directed to children. Public Service believes that children should get their parents’ consent before giving out any personal information. Public Service encourages parents and legal guardians to participate in their child’s experience on its website. Children should always ask a parent for permission before sending personal information to Public Service, or to anyone on the Internet.

How do you provide consent?

By using the service in any way, you agree with our Privacy Statement and our policies and procedures contained herein regarding the collection and sharing of your information. By using the service, you are providing consent and authorizing Public Service Communications, its other subsidiaries, its affiliates, or any third party used by Public Service Communications in the course of doing business, to have access to and use your information.

For the purposes of 911 or E911, by using the Service, you agree that we may disclose your information to third-parties involved with providing 911 Dialing to you, including, without limitation, call routers, call centers and local emergency centers. Please see our Privacy Policy for additional information.

How often are changes made to the Privacy Statement and how will you learn of the changes?

Public Service reserves the right to change, modify or update this Privacy Statement at any time without notice. In the event of any modification, we will post the changes in this Privacy Statement on our website so that you will always know what information we are gathering and how we might use that information. Accordingly, you should periodically visit this page to determine the current Privacy Statement to which you are bound.




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