ACCEPTABLE USE POLICY AND TERMS OF SERVICE

FOR RETAIL PRODUCTS AND SERVICES

Champaign Telephone Company, and any of its affiliates or subsidiaries (aka SPOC) (collectively "CTC") have established this Acceptable Use Policy ("AUP") for the protection of CTC and its customers for the use of CTC's retail products and services.  CTC can be contacted at 217-366-3636 regarding any questions you have about this AUP, CTC, or CTC's products and services.  This AUP is incorporated by reference as apart of the “Entire Agreement” (CTC-Connect) with Champaign Telephone Company (CTC). 

Your services may be suspended or terminated for violation of this AUP in accordance with “CTC-Connect Terms of Service” located at www//:ctc.biz/terms-of-service.

 Inquiries regarding this policy should be directed to abuse@ctc.biz.

1.  General Provisions:  The following terms and conditions apply only to CTC products and services and any facilities and equipment used to furnish the service or product ("Services").  If a specific provision is a CTC contract in conflict with any of these more general terms and policies, the specific contractual provision will prevail.  CTC does not    discriminate in the provisioning of its services, and will provide its Services where technically feasible and within reasonably anticipated capacity-conditions to any entity able to contract for them and under terms and conditions that are fair, reasonable and responsive to competitive market conditions.

a. CTC is only responsible for the installation, operation and maintenance of its Services.  CTC does not warrant that its Services meet standards other than those set forth in a specific contract.  A customer may not assign or transfer the use or relocation of CTC Services unless assignee or transferee assumes in writing all outstanding indebtedness and all contractual obligations applicable to the Services and CTC consents in writing to the assignment or transfer.

b. CTC's liability, if any, for its willful misconduct is covered by this AUP.  With respect to any other claim by a customer or others for damages associated with the installation, provision, operation, termination, maintenance, repair or restoration of the Services, CTC liability, if any, shall not exceed an amount equal to the proportionate charge for the Services for the period during which the Services were affected.  CTC shall not be liable for any act or omission of any other carrier or customer providing a portion of the Services.

c. The customer shall indemnify, defend and hold harmless CTC against any claim, loss or damage arising from its use of the Services involving:  (1) claims for libel, slander, invasion of privacy, or copyright infringement; (2) claims for patent infringement; or (3) any claim arising out an act or omission of the customer.

d. CTC's failure to provide or maintain the Services shall be excused by labor difficulties, government orders, civil commotions, criminal actions against CTC, acts of God and other circumstances beyond CTC's reasonable control.

e. Services provided by CTC shall be maintained by CTC.  Neither a customer nor any third party may rearrange, move, disconnect, remove or attempt to repair Services without the written consent of CTC.

f. Services can only be used for lawful purposes.  CTC, in its sole discretion, may refuse to provision or may disconnect Services when it reasonably believes that use of the Services by the customer is unlawful or is likely to cause harm to CTC's network or the provisioning of Services to other customers.

g. Failure of a customer to pay charges due and owing for Service may result in the disconnection of those Services and the refusal by CTC to provide further or additional Services.  Under normal circumstances payment of undisputed charges for Services is due within thirty (30) days of issuance of an invoice or bill to the customer.  CTC will give thirty (30) days notice of delinquency, after which, the Services are subject to disconnection.  Customer must in good faith dispute charges within thirty (30) days of bill issuance.

h. CTC will make all reasonable efforts to prevent Services interruptions and will restore Services as quickly as is reasonably possible.

2.  Internet Service.  This AUP applies to customer use of any retail CTC Internet service regardless of technology or the Internet-based application utilized.  CTC will provide Internet access and services upon a bona fide request and the signing of appropriate, binding contracts.  CTC is knowledgeable of, adheres to, and will continue to adhere to the FCC principles stated in its Internet Policy Statement (FCC 05-151) and does not favor any lawful Internet content or applications over others.  A customer may not:

a. Use any Internet service or permit the use of Internet service for unlawful purposes or for access to unlawful content.

b. Use any Internet service to transmit, post or receive material that is threatening, abusive, libelous, defamatory, obscene, pornographic, or otherwise in violation of any local, state, federal or international law or regulation.

c. Transmit any information or software that contains a virus, worm, Trojan Horse, or other harmful component.

d. Transmit or download any information, software or other material that is protected by copyright or other proprietary right without the permission of the person owning that protected right.

e. Transmit SPAM or other bulk email.

f. Add, remove, or modify identifying network heading information (aka "spoofing") in an effort to deceive or mislead; or any impersonation of another person using forged headers or other improper identifying information.

g. Engage in any activity which would compromise customer privacy or system security or gain access to any system or data without required permission (e.g. "hacking") of the owner.

h. Engage in any activity which would result in third-party charges to CTC.

i. Resell or otherwise share CTC's retail Internet service, account information or passwords.

CTC does not screen in advance, any specific content, accessible using its Internet service.  CTC reserves the right, but does not assume the responsibility to block or limit access to content that violates this AUP.  CTC disclaims any liability for any act or omission with regard to Internet content the customer finds objectionable or unsuitable. Use of information accessed by the Internet is at the customer's own risk.  CTC disclaims any responsibility for the accuracy, privacy or quality of the information.  By using the Internet service, the customer agrees to hold CTC harmless for content accessed using the Internet service.  The customer further agrees that CTC has the right to electronically monitor its service and to disclose any information it deems necessary to satisfy any legal or operational requirements.  Any IP address assigned to a customer on either a dynamic or static basis remains the property of CTC and may not be appropriated for any use other than as intended by CTC or transferred to any other party.

CTC reserves the right to evaluate on an individual account basis, bandwidth or hardware utilization.  Excessive bandwidth or hardware usage that adversely affects CTC's ability to provide its Internet or any other service may result in additional account management and/or fees.

CTC provides its own methods to secure and protect its Internet service.  Such action is not a substitute for the customer providing his/her own security or protection.  CTC specifically disclaims any liability for any breach of security or any harm to customer's computing system while connected to CTC's Internet service.

CTC's reserves the right to disconnect or limit any account access to the Internet that in the opinion of its system administrator is a threat to the security or lawful operation of the Internet service or the service's software and/or hardware or that repeatedly violates the terms of this AUP.

The customer agrees to indemnify and hold CTC harmless for any and all claims, damages, losses, expenses (including attorneys' fees and other legal expenses) resulting from the customer's use of CTC's Internet service whether or not such use is found to be in violation of any statute, regulation or rule.

Electronic Communications Privacy Act (ECPA) Notice.  Customers are hereby notified that CTC does NOT offer the same degree of privacy for email or files that the customer expects from regular paper mail.

Digital Millennium Copyright Act (DMCA) Policy.  When CTC receives a notice from a copyright holder or its authorized representative regarding an alleged violation of law by someone using an IP address identified as belonging to CTC, the following actions will be initiated:

1.  CTC personnel will review the address to determine whether the address is in use by CTC or by one of its owners or affiliates.  If the address has been assigned to an entity other than CTC, the DMCA notice will be forwarded to that entity for review and any action or response.

2.  If the address is assigned and used by CTC or one of its customers, CTC personnel will attempt to identify the user.  If the offender cannot be identified, an officer of CTC will respond accordingly to the copyright holder or its agent.  If the offender is identified, CTC will take the following actions:

a. If the offender is an employee, the responsible supervisor will be notified and appropriate disciplinary action may be warranted.  A copy of the violation will be filed by HR in the employee's personnel file.

b. If the offender is a customer, the customer will be notified by telephone and/or email of the offense.  If it is a first time offense, the customer will be notified and advised that an alleged violation of copyright law has been received and that any further violations could affect the customer's access to the Internet.  Notification of a second offense will result in the same action.  A third offense will result in notice that Internet service will be restricted for ninety (90) days to limit the ability to violate the law.  A fourth offense will result in the termination of Internet service.

c. Each time a customer is notified pursuant to this policy, that fact and the results of the contact will be communicated by email to the CTC President, for use in replying to the copyright holder or its agent.  Records of all contacts with the customer regarding the matter will be retained electronically in the customer record.

d. The foregoing does not limit the ability of CTC or any entity using a CTC assigned IP address from taking more immediate action to stop the use of CTC's Internet service for unlawful or harmful purposes.