KTCIís Copyright Infringement Policy
 
Copyright infringement most commonly involves the possession, downloading, or sharing of electronic copies of music, movies, or videos without the permission or approval of the copyright holder.  To protect their interests, copyright holders frequently monitor websites and other popular download locations to record the title, date, time, and Internet Protocol (IP) address associated with infringing activity.
 
It is the policy of our company to discourage the use of its network and services, to download materials in violation of copyright, trademark or other intellectual property laws.
 
Based on the IP address involved, the copyright holder determines the Internet Service Provider (ISP) that manages the IP address and sends them a notice describing the event.  When we receive such notices, we determine what customer was assigned the IP address at the date (s) and time (s) listed in the notice (s).  We only track IP address assignment and not how or where the IP address is used.  We do not monitor or track customer activity on the internet. 
 
If we are able to identify a customer with the IP address, we will contact the customer so they are aware of the allegation (s) of copyright infringement and to provide them with an opportunity to prevent the activity or remove the material.  We do not release a customerís identity to the copyright holder unless we are required to do so by a court order or subpoena.
 
If we receive repeated copyright infringement notifications for the customer over a period of time, we will escalate our response to ensure the customer is aware of the situation and to provide suggestions that may help resolve the problem.  If we continue to receive copyright infringement notifications against the customer, we will take appropriate action, which could include, but not limited to, reducing the customerís bandwidth, or suspending or terminating their internet service. 
 
If the customer feels a mistake has been made or that the copyright for the material mentioned is not being infringed upon, they may file a counter-notification with the copyright holder or work with them directly. 
 
Customers may wish to seek legal advice from an attorney if they receive a copyright infringement notice.


Network Management Practices Policy Disclosure

Pursuant to the Federal Communications Commissionís Restoring Internet Freedom Declaratory Rules, Report and Order and Order, Kennebec Telephone Companyís (ďProviderĒ) policies regarding network management practices, performance characteristics, and commercial terms are provided in entirety so that Providerís current customers, prospective customers, third-party content providers and other interested parties can make informed choices regarding the broadband Internet access services offered by Provider, and the extent Providerís network management practices may affect those services.

Network Management Practices

In the interest of providing the best online experience possible for all of Providerís customers, Provider utilizes reasonable network management practices tailored to achieve legitimate network management purposes. Because bandwidth is a limited resource for broadband Internet service providers, it is essential that Provider reasonably manages its network to promote the use and enjoyment of the Internet by all of Providerís customers. By engaging in reasonable and responsible network management, Provider uses its best efforts to deter its customers from being subjected to the negative effects of spam, viruses, security attacks, network congestion, and other risks that threaten to degrade service. The network management practices employed by Provider are consistent with industry standards.

Congestion Management

Provider does not employ any congestion management tools, practices and/or software on network traffic.

Application-Specific Behavior

Provider does not make use of any application-specific network management practices. Provider does not favor, modify, inhibit, rate control or block any specific protocols, protocol ports or fields, or any applications or classes of applications.

Device Attachment Rules

In order for a device to be approved for use on the Providerís network, the device must conform to publicly available industry standards and be non-harmful to Providerís network.

Security

Provider offers its customers unrestricted access to all of the lawful content, services, and applications available on the Internet. Provider uses industry standard tools and generally accepted best practices and policies to protect our customers from spam, phishing, and other unwanted or harmful online content and activities. In the instances where these tools and policies identify online content as harmful or unwanted, the content may be prevented from reaching customers, or customers may be permitted to identify or inspect content to determine if it is harmful or unwanted.

Performance Characteristics

Provider offers broadband Internet access service via Digital Subscriber line (ďDSLĒ) and Fiber to the Home (ďFTTHĒ).

The advertised speed of Providerís Internet service is the maximum speed achievable with the technology utilized by Provider. While the maximum advertised speed is attainable for end users, several factors may affect the actual speed of Providerís Internet service offerings, including, but not limited to: the distance of the consumerís home or office from Providerís central office (i.e., the further away the customer is from the central office, the slower the broadband speed), the end userís computer, modem or router, activity during peak usage periods, and other Internet traffic.

Based on internal testing of our DSL 8 Mb/1 Mb package and our FTTH 25Mb/25Mb package, the mean upload and download speeds are 6.5Mb/1Mb and 24.5Mb/23.7Mb respectively, during peak usage periods (i.e., between 7:00 p.m. and 11:00 p.m. on weeknights). For more information on other packages, please call our office at 605-869-2220. Providerís internal testing, established a mean round trip latency of 13.8ms for DSL and 6.2ms for FTTH.

The actual speeds achieved with Providerís Internet service offering make Providerís Internet service suitable for real-time applications, such as Voice over Internet Protocol (ďVoIPĒ).

Provider does not offer any specialized services.

Commercial Terms

Pricing

In order to meet the usage and budgetary needs of all of our customers, Provider offers a wide selection of broadband Internet access plan options, including promotional offerings, bundled service choices, and ala carte alternatives.

To see Providerís current promotions and pricing on broadband Internet access service, please visit our website at www.kennebectelephone.com or call 605-869-2220 to speak with a customer service representative.

Early Termination Fees

Provider does not charge early termination fees at this time, subject to change.

Usage-Based Fees

Providerís Internet service is priced on a flat-fee basis (plus taxes). Provider does not charge end users a usage-based fee for Internet service.

Privacy Policy

Provider affords full access to all lawful content, services and applications available on the Internet and does not routinely monitor, inspect or store the network activity and traffic of its Internet service users. However, Provider reserves the right to monitor bandwidth, usage, transmissions and content for purposes of protecting the integrity of the network and Providerís Internet access service through reasonable network management practices.

The Providerís network management practices as discussed herein are intended solely to provide the best online experience possible for all of Providerís customers by safeguarding our network and its users from spam, viruses, phishing, and other unwanted or harmful online content and activities. Providerís network management practices are not intended, nor implemented, to block consumers from accessing the content and applications of their choice, deprive consumers of their entitlement to competition, or discriminate against or in favor of certain network traffic. End users with questions, concerns or complaints regarding Providerís network management practices are encouraged to contact Provider for issue resolution.

Contact Us

If you have any questions regarding Providerís Network Management Practices Policy or would like to file a complaint with Provider regarding its network management practices, please contact Provider at:

Kennebec Telephone Co., Inc.

Attn: Rod Bowar

PO Box 158, Kennebec, SD 57544

Phone: 605-869-2220

Fax: 605-869-2221

knbctel@kennebectelephone.com

www.kennebectelephone.com

Further, if you believe that Provider is in violation of the FCCís Open Internet Rules, you may file either an informal or formal complaint with the FCC.

http://esupport.fcc.gov/complaints.htm

                                 Additional Disclaimers

The Open Internet Rules, as adopted, and Providerís Network Management Practices Policy are not intended to affect, alter or otherwise supersede the legal status of cooperative efforts by broadband Internet access service providers and other service providers that are designed to curtail infringement in response to information provided by rights holders in a manner that is timely, effective, and accommodates the legitimate interests of providers, rights holders, and end users.

Furthermore, the Open Internet Rules, as adopted, and Providerís Network Management Practices Policy do not prohibit Provider from making reasonable efforts to address the transfer of unlawful content or unlawful transfers of content.

For additional information, please review Providerís Acceptable Internet Use Policy/Subscriber Agreement below:

DSL SERVICE AGREEMENT AND ACCEPTABLE USE POLICY

This agreement made by and between Kennebec Teleptone Internet (KTI), a division of Kennebec Telephone Company, Inc., of PO Box 158, Kennebec, SO 57544 (hereinafter called KTI), and the undersigned Customer for the furnishing by KTI or its affiliates or subcontractors of certain electronic communication services and related items to enable Customer to utilize an internet access connection.

The parties hereto agree as follows:

1. Service Warranties: With respect to the services provided,  KTI makes no warranties  of any kind, expressed or implied, including any implied warranty or merchantability or fitness of these services  for a particular purpose. KTI takes no responsibility for any damages suffered  by the Customer,  including,  but not limited to, loss of data from delays, non≠ deliveries, mis-deliveries, or service interruptions caused by KTI's own negligence  or Customer's errors .and/or omissions.

2. Acceptable Use: This service may only be used by the Customer for lawful purposes.
Materials and/or transmissions in violation  of any local, state, or federal regulations  are prohibited. This includes, but is not limited to, copyrighted materials,  material legally judged to be threatening or obscene,  or material protected  by trade secrets.

3. Use of Information: Use of any information obtained  via this service is at Customer's  risk. KTI specifically denies any responsibility for the accuracy or quality of information obtained  through  its services.

4. Inappropriate Usage: KTI or other relevant authorities may determine  inappropriate usage of these services  and the privilege  to use such services may be revoked at KTI's discretion.

5. Change of Status: KTI will occasionally require new registration and account  information  by the Customer  to continue  services. Customer shall notify KTI in writing  of any changes in the account  information.

6. Limitation of Liability: Neither party shall be liable to the other for any loss, damage,
liability, or expense arising out of or in relation to this agreement  or the furnishing  of service or equipment,  however caused, whether grounded  in the contract,  tort (including negligence) or theory of strict liability,  except that Customer shall be liable to KTI for the reasonable  costs and fees of the services provided. The parties agree to work in good faith to implement  the purpose of this agreement,  recognizing the network  connection  and services  to be provided by KTI could not be made available  under these terms without an increase  in cost if KTI were to assume a greater liability.

7. Billing and Minimum Terms: Customer will be billed during first business  week of the month after KTI receives  Customer's  order in Kennebec,  South Dakota, for the coming month's fixed service costs, as well as the past month's  fees.  The first payment may also include installation costs, including  service fees, local access and monthly lease costs appropriate to the service  selected. These fees are non-refundable. Th8 monthly  service  fees are independent of the amount of traffic or systems access by users at the Customer's  location. Billing will be included  with your monthly telephone bill and the due date of the bill will be printed  on the bill statement. Minimum length of internet services  is one month. KTI reserves  right to adjust access and services charges upon giving at least thirty days prior notice to Customer.

8. Security: KTI makes no warranties, expressed or implied,  concerning  the security of the
Customer's data or computer  system or network. Use of KTI's service provides  access to a constant  connection to the Internet, which may be accessible  to other computers  connected  to the Internet. The customer  is responsible  =or security  connections  regarding  Customer's computer  or network.

9. Hosting: KTI's Internet  Service is not intended or designed for hosting of private or public Internet  access points, This activity may result in immediate  suspension of the Customer's Service.

10. Equipment: KTI recommends Customer use only certain modems and personal computer system configurations to enable Customer to receive service. KTI will furnish Customer with a list of such recommendations. Customer must obtain an acceptable modem for such use. KTI will provide such modem at an additional cost. KTI provides internet service only, and only up to the DeMark (DeMark is defined as a box on the side of a building or house where the KTI wires end and Customer's wires start). At Custome 's request KTI, and for additional installation fees, will install and/or maintain inside wi ing from DeMark to Customer's computer jack. KTI will under no circumstances install or maintain, or be responsible for, anything beyond the computer jack. In other words KTI will not deal with, maintain, or be responsible for the Customer's computer or computer modem, or   anything else beyond the DeMark.

11. Bandwidth: Actual data transfer or throughput may be lower than (the minimum connection speed) due to Internet congestion, server speeds, protocol overheads and other factors that cannot be controlled by KTI.

12. This agreement supersedes all previous representations, understandings or agreements and shall prevail notwithstanding any variance with terms and conditions of any order submitted. Customer's use of KTI's Internet Service constitutes acceptance of these Terms and Conditions.

13. KTI does not allow users to originate unsolicited bulk e-mail ("Spam"). This activity will result in the immediate suspension of the Customer 1 s services.

14. Customer must be at least 18 years of age to enter into this agreement for services.

15. The Customer who registers for services is solely responsible for all access and actions taken with regard to the Customer's account. It is the Customer's responsibility to safeguard the account password and to ensure that KTI's Service Agreement and Acceptable Use Policies are honored.

16. Customer acknowledges Customer has also rece ved additional information concerning dial up, or DSL service, including information as to necessary or recommended equipment, computer software, computer configuration, modems, rates for the different internet services, installation charges and package rates available, all of which iS contained on the attached two pages, which is hereby incorporated in this agreement by reference.

17. Notwithstanding the provisions of paragraph 9, Customer may provide such service to
Customer's 

IN WITNESS WHEREOF, Kennebec Telephone Internet, a division of Kennebec Telephone Company, Inc.,
and the Customer have entered into this agreement a of this dute.

_________________________________________

 Customer: (signature)
 
Date:  ____________________________________
 
_________________________________________
(print or type name)


 
Kennebec Telephone Internet, a division of
Kennebec Telephone Company, Inc.
 
Date:
 


By:Its-


 
 
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