Terms Of Service
VARNET, INC. INTERNET SERVICE AGREEMENT
This Agreement is your contract for Varnet, Inc. Internet Service.
I. Terms and Conditions
A. Terms of Service. This Agreement governs the terms and conditions under which Varnet, Inc. (d/b/a Varcomm) with the assistance of certain vendors “Vendors”), provides you, its customer (“you”), Internet access service including 24-hour access and up to 5 email addresses. By using Varcomm broadband service, you acknowledge and agree to the terms and conditions of this Agreement “Terms”).
1. Broadband Subscribers. If you are a Varcomm broadband customer, then all of the provisions of the Varcomm broadband service Addendum supplement and modify this agreement and apply to your Varcomm broadband service. The Varcomm broadband service Addendum is included at the end of this Agreement.
2. Varcomm is in compliance with the new “Open Internet” rules governing internet service providers. Being such, Varcomm will NOT block lawful transmission of internet data so long as the provisions in sections 4 (c) and section 5(a)through (k) are not violated, nor will Varcomm allow any company or individual to purchase priority bandwidth or discriminate in any way between competitive websites.
3. Every time you use Varcomm broadband service, you are agreeing to Varcomm’s Terms.
4. If Varcomm changes the Terms in a way that you do not accept, you may terminate the service as provided below.
2. Changes in Terms: Varcomm may change the Terms on not less than ten days written notice by email or by Unites States mail or by posting notifications on www.varcomm.net. Your use of Varcomm’s broadband service after the effective date of any change in the Terms shall constitute your acceptance of and agreement to such change.
3. Charges, Billing, and Payment:
A. Rates – You can learn the current rates for Varcomm broadband service and related fees by telephoning 888-539-5234. Charges for usage, if any, are billed in arrears. The basic rates and usage rates do not include taxes or governmentally-required surcharges, for which you are also responsible.
B. Billing – Varcomm will bill you monthly. The fixed monthly rate is payable in advance, on or before the first day of Varcomm monthly billing cycle. Usage charges, if any, are billed in arrears.
C. Payment – You shall pay upon demand all amounts due to Varcomm.
D. Billing Disputes – Unless you notify Varcomm of an error in Varcomm’s billing within Sixty (60) days after it first appears on your account statement, the statement will be deemed accepted and waived by you for all purposes. You release Varcomm from all liabilities and claims resulting from any billing error not reported to Varcomm within sixty (60) days after the date of the statement on which it appears.
E. Late Payment or Non-Payment – If Varcomm does not receive the full amount you owe for Varcomm broadband service and related fees within fifteen (15) days after the date of Varcomm’s statement, you shall owe Varcomm interest at the rate of 1.5% (or the highest amount allowed by law, whichever is less) per month on the outstanding balance until paid in full. Any fees, charges, and assessments due to late payment or nonpayment are liquidated damages intended to be a reasonable advance estimate of our costs resulting from late payments and non-payments. These costs will be difficult to calculate or to predict when we set such fees, charges, and assessments, because we cannot know in advance: (a) whether you will pay for the broadband service on a timely basis, if ever; (b) if you do pay late, when you will actually pay; and (c) what costs we will incur because of your late payment or non-payment. You shall also be liable for all costs of collecting any unpaid balance on your internet service account(s) with Varcomm, including any collection agency’s fees, attorneys’ fees, and arbitration or court costs.
F. Suspension/Disconnect – If any amount remains unpaid for more than thirty (30) days, Varcomm shall have the right in its sole discretion in accordance with and subject to applicable law to terminate, suspend, or disconnect your Varcomm broadband service.
G. Credit Check – You authorize Varcomm to do any credit verification Varcomm deems necessary and such verification may be done at any time while you are receiving Varcomm broadband service. Credit verification may include a review of credit reports received from any commercially available credit bureau. You agree to provide Varcomm with such personal information as may be required by Varcomm in order to determine your creditworthiness and you represent and warrant that all of such information is true and correct. You acknowledge that credit privileges, if granted, may be withdrawn at any time in Varcomm’s sole discretion.
H. Charges Not Included – You may incur charges while using the internet, for example, for using online information services and shopping online. You are solely responsible for paying those charges.
4. Content. As used in this Agreement, “Content” means the information, software, graphics, photographs, video, speech, sounds, music, documents, and any other material and services communicated through Varcomm broadband service.
A. No Liability – Varcomm makes no representations, warranties, or promises as to, and you must solely bear the risk of relying on, the accuracy, completeness, or usefulness of any Content. As a matter of policy, Varcomm does not screen or filter any Content and has no obligation to monitor Content. Accordingly, neither Varcomm, nor any of its Vendors, shall have any liability whatsoever for any action or inaction by Varcomm or any of its Vendors with respect to Content.
C. Content Rights – Varcomm and its Vendors reserve the right (but shall have no obligation) to monitor content and to remove content that Varcomm or any of the Vendors deems unacceptable, undesirable, or in violation of this Agreement or of any applicable local, state, and federal laws, statutes, regulations, or ordinances. Varcomm and its Vendors reserve the absolute right to disclose any Content and to identify the responsible customer as may be required by law, or to operate Varcomm broadband service properly, or to protect itself or its other subscribers.
D. Parental Guidance – Content may include material inappropriate for minors. Varcomm recommends that you guide your minors’ use of the Varcomm broadband service directly and/or consider using commercially-available tools that enable you to restrict access to certain Internet areas and other features of the Varcomm broadband service that may be inappropriate for minors. Any use of the Varcomm broadband service by a minor, whether permitted or guided by you or not and the use of any tools by you to restrict a minor’s access to certain Internet areas and features is solely your responsibility and at your sole cost and risk. Varcomm makes no representations or warranties with respect to such tools. You may also use a built in feature available on most personal/business computers and laptops. Seek information from the manufacturer on your specific device. You acknowledge that you have been advised that Varcomm DOES NOT PROVIDE ANY PARENTAL CONTROL DEVICES, FILTERING SERVICES OR OTHER MEANS OF BLOCKING OF INTERNET CONTENT AND THAT YOU ARE SOLELY RESPONSIBLE FOR CONTROLLING AND MONITORING ACCESS TO INTERNET CONTENT BY INDIVIDUALS IN OR ON YOUR PREMISES.
5. Appropriate Use. Varcomm reserves the right to suspend or terminate your Varcomm broadband service immediately without notice if, in Varcomm’s sole discretion, you or anyone else you permit to use the Varcomm broadband services does not use Varcomm broadband service in an appropriate and lawful manner. The following is a non-exclusive list of actions that Varcomm considers to be inappropriate and thus prohibited. The examples identified in this list are provided as examples only for your guidance. If you are unsure whether any contemplated use or action is permitted, please contact Varcomm You shall not use and shall not allow others to use Varcomm broadband service, directly or indirectly, to:
A. Engage in any activity that violates any local, state, federal or international law, order or regulation.
B. Transmit, distribute, store or access any material (by e-mail, publishing, uploading, posting or otherwise) which is inappropriate, profane, obscene, indecent, pornographic, libelous, harassing, constitutes a threat or encourages bodily harm or destruction of property, or otherwise objectionable or unlawful.
C. Transmit, distribute, store or access any material (by e-mail, publishing, uploading, posting, or otherwise) that infringes copyright, trademark, patent, trade secret, or other proprietary rights of any third party. You assume all risks regarding the determination of whether material is in the public domain.
D. Make fraudulent offers to buy or sell products, items, or services, or to advance any type of financial/soliciting scams including, but not limited to, “pyramid schemes,” “Ponzi schemes,” “mail bombing,” and “chain letters.”
E. Harm or attempt to harm a minor, including, but not limited to, hosting, possessing, distributing, or transmitting child pornography or other material that is unlawful.
F. Engage in any fraudulent activities, including impersonating any person or entity or forging anyone else’s digital or manual signature.
G. Disrupt or interfere with the Varcomm broadband service in any way, including through the uploading of files which contain viruses, worms, “Trojan horses,” or other software or programs that may be damaging to the Varcomm broadband service or another user’s computer.
H. Transmit, or to facilitate the transmission of, any unsolicited commercial e-mail or unsolicited bulk e-mail.
I. Access, or to attempt to access, the accounts of others, or to penetrate, or attempt to penetrate, security measures of Sebastian’s or another entity’s computer software or hardware, electronic communications system, or telecommunications system, whether or not the intrusion results in the corruption or loss of data.
J. Collect, or attempt to collect, personal information about third parties without their knowledge or consent.
K. Resell the Varcomm broadband service without Varcomm’s authorization.
L. Use the Varcomm broadband service for any activity that adversely affects the ability of other people or systems to use the Varcomm broadband service or the Internet.
M. Engage in excessive posting or cross-posting of the same or substantially similar messages, or binary files to newsgroups not specifically named for that purpose, or flooding or disruption of Usenet newsgroups.
N. Perform chat “flooding”, maintaining more than two simultaneous chat discussions, using the Services to connect to chat servers or channels from which they have been previously banned, or forging, altering, or obscuring your identity while participating in chat sessions.
O. Post any content that holds Varcomm (including its parent, affiliates, and subsidiaries), employees or shareholders up to public scorn or ridicule or would any way damage or impair Varcomm’s reputation or goodwill.
P. Your use of Varcomm broadband service and the Internet is solely at your own risk and you shall be liable for any and all damages, costs, liabilities, and expenses resulting from or related to your use of the Varcomm broadband service and Internet.
6. Varcomm has established a “Designated Agent” in order to receive reports of copyright infringement. If you know of anyone who has committed copyright infringement please contact
P.O. Box 700
Ducor, CA 93218
A. Because the Internet is a resource shared among many users, there is a risk that you could be subject to a variety of security breaches, including but not limited to eavesdropping, denial of service attacks, and receipt of corrupted files or viruses. This means that other people may be able to access monitor, and/or alter your files, data, or other traffic sent or received using Varcomm broadband service, or negatively affect your ability to use the service, or both. Any information sent by you over Varcomm broadband service is sent at your sole risk, and you are solely responsible for obtaining and maintaining a security system on your devices. Varcomm shall have no liability whatsoever for any claims, losses, actions, damages, suits, or proceedings arising out of or otherwise related to such actions.
B. The Varcomm broadband service may not be used to breach the security of another user or to attempt to gain access to any other person’s computer, software or data, without the knowledge and consent of such person. The Varcomm broadband service also may not be used in any 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 networks. Use or distribution of tools designed for compromising security, such as password guessing programs, cracking tools, packet sniffers or network probing tools, is similarly prohibited.
C. You may not attempt to disrupt the Varcomm broadband service. The Varcomm broadband service also may not be used to interfere with computer networking or telecommunications services to any user, host or network, including, without limitation, denial of service attacks, flooding of a network, overloading a service, improper seizing and abuse of operator privileges and attempts to “crash” a host. The transmission or dissemination of any information or software that contains a virus or other harmful feature also is prohibited. You are solely responsible for the security of any device you choose to connect to the Services, including any data stored on that device.
8. Electronic Mail
A. The Varcomm broadband service may not be used to send unsolicited bulk or commercial messages. This includes, but is not limited to, bulk mailing of commercial advertising, informational announcements, charity requests, petitions for signatures and political or religious messages.
B. You may not reference Varcomm (e.g. by including “Organization: Varcomm” in the header or by listing an IP address that belongs to Varcomm) in any unsolicited email even if that email is not sent through the Varcomm broadband service.
C. “Mail bombing” is prohibited. That is, you may not send numerous copies of the same or substantially similar messages, nor may you send very large messages or files to a recipient with the intent to disrupt a server or account. The propagation of chain letters is similarly prohibited, whether or not the recipient wishes to receive such mailings.
D. Varcomm is not responsible for the forwarding of email sent to any account that has been suspended or terminated. Such email will be returned to sender, ignored, deleted, or stored temporarily at Varcomm’s sole discretion
9. Internet Relay Chat.
A. The Varcomm broadband service may be used to participate in “chat” discussions. These discussions may be hosted by Varcomm servers, by third party servers, or may not involve any servers at all. In all cases, Varcomm does not normally monitor the contents of the discussions and is not liable for the contents of any communications made via Internet chat.
B. The Varcomm broadband service may not be used to perform chat “flooding.” Flooding is defined as deliberately repeating actions in quick succession in order to fill the screens of other Internet users with text.
C. Any computer or other device connected through the Varcomm broadband service may not maintain more than two simultaneous chat connections. This includes the use of automated programs, such as “bots” or “clones”. Automated programs may not be used when the account holder is not physically present at the device.
D. The Varcomm broadband service may not be used to send messages which disrupt another Internet user’s equipment, including software, hardware, and user display.
E. You may not use the Varcomm broadband service to connect to chat servers or channels from which they have been previously banned or indicated non-receipt.
F. The Varcomm broadband service may not be used to continue to send chat messages to an Internet user who has indicated their desire to not receive such messages.
G. Forging, altering, or obscuring your identity (other than using a nickname from which Varcomm could, if necessary, determine your real name) while participating in chat sessions is forbidden.
10. Bandwidth, Data Storage and Other Limitations
A. You must comply with then-current bandwidth, data storage and other limitations on the Varcomm broadband service. You must ensure that your activity does not improperly restrict, inhibit, or degrade any other subscriber’s use of the Varcomm broadband service, nor represent (in the sole judgment of Varcomm) an unusually large burden on the network itself. In addition, you must ensure that your activity does not improperly restrict, inhibit, disrupt, degrade or impede Varcomm’s ability to deliver the Varcomm broadband service and monitor the Varcomm broadband service, backbone, network nodes, and/or other network services.
B. Certain applications that you may use will, by their nature, permit other Internet users to gain access to your computer. These applications include, for example, your use of your computer as a server to allow others to download files using FTP or to access content you placed on a Web site using HTTP. You are permitted to run such applications for your personal use and within the limitations of this Agreement, provided that you take the appropriate security measures and you assume all risk of security breaches such as those described above. Varcomm shall have no liability whatsoever for any claims, losses, actions, damages, suits, or proceedings resulting from or arising out of or otherwise relating to your use of such applications, including, without limitation, damages resulting from other Internet users’ having access to your computer.
11. Disclaimer of Warranty: YOU AGREE THAT VARCOMM BROADAND IS PROVIDED BY VARCOMM ON AN “AS IS” AND “AS AVAILABLE” BASIS WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING WARRANTIES OF TITLE OR NON-INFRINGEMENT OR IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE, OTHER THAN THOSE WARRANTIES THAT ARE IMPLIED BY, AND INCAPABLE OF EXCLUSION, RESTRICTION OR MODIFICATION UNDER THE LAWS APPLICABLE TO THIS AGREEMENT. VARCOMM MAKES NO WARRANTY THAT THE SERVICES WILL BE UNINTERRUPTED OR ERROR FREE, SECURE, OR FREE OF VIRUSES, WORMS, DISABLING CODE OR CONDITIONS, OR THE LIKE, OR THAT THE VARCOMM EQUIPMENT WILL OPERATE AS INTENDED. IN PARTICULAR, YOU AGREE THAT YOUR USE OF THE VARCOMM BROADBAND SERVICE (INCLUDING THE CONTENT, INFORMATION, SERVICES, EQUIPMENT AND SOFTWARE, THE PURCHASE OF MERCHANDISE AND SERVICES, THE TRANSMISSION OF INFORMATION AND OTHER COMMUNICATIONS BY AND TO YOU AND THE DOWNLOADING OF COMPUTER FILES) IS AT YOUR SOLE RISK AND THAT VARCOMM DOES NOT WARRANT THAT VARCOMM BROADBAND SERVICE, OR EQUIPMENT PROVIDED BY VARCOMM WILL PERFORM AT A PARTICULAR SPEED, QUALITY, RESOLUTION OR BANDWITH. YOU FURTHER AGREE THAT VARCOMM IS NOT RESPONSIBLE FOR THE CONTENT OF ANY PROGRAM OR CONTENT OF THE INTERNET, WITHOUT LIMITING THE FOREGOING:
1. ANY AND ALL PRODUCTS AND SERVICES PROVIDED BY VARCOMM AND/OR ANY OTHER VENDOR, SERVICE PROVIDER AND/OR OTHER THIRD PARTY TO YOU THAT ARE NOT PART OF THE VARCOMM BROADBAND SERVICE AS DEFINED HEREIN ARE OUTSIDE THE SCOPE OF THIS AGREEMENT AND VARCOMM HAS NO RESPONSIBILITY OR LIABILITY FOR ANY SUCH PRODUCTS OR SERVICES; AND
2. VARCOMM MAKES NO REPRESENTATIONS OR WARRANTIES AS TO THE SECURITY OF YOUR COMMUNICATIONS VIA VARCOMM’S FACILITIES OR THE VARCOMM BROADBAND SERVICE (WHETHER SUCH COMMUNICATIONS ARE DIRECTED WITHIN VARCOMM BROADBAND SERVICE, OR OUTSIDE VARCOMM BROADBAND SERVICE TO OR THROUGH THE INTERNET), OR THAT THIRD PARTIES WILL NOT GAIN UNAUTHORIZED ACCESS TO OR MONITOR YOUR EQUIPMENT OR COMMUNICATIONS. YOU AGREE THAT VARCOMM WILL NOT BE LIABLE FOR ANY SUCH UNAUTHORIZED ACCESS. YOU HAVE THE SOLE RESPONSIBILITY TO SECURE YOUR EQUIPMENT AND COMMUNICATIONS.
12. Maintenance: Varcomm shall endeavor to give you at least 24-hours advance notice by email of scheduled maintenance that could interrupt all or some of Varcomm’s broadband service. Varcomm reserves the right to throttle customer’s speeds or place a cap on the amount of bandwidth available during times of network problems or maintenance windows. Varcomm will endeavor to provide notices at www.varcomm.net.
13. Transactions: Varcomm does not endorse, warrant, or guarantee any product or service offered through Varcomm broadband service and shall not be a party to or in any way monitor any transaction between you and third-party providers of products or services.
14. Limitation of Liability: The following limitations apply to the acts, omissions, negligence, and gross negligence of Varcomm, its officers, employees, agents, contractors, or representatives, which acts, omissions, negligence, or gross negligence, but for this provision, would give rise to a cause of action against Varcomm in contract, tort, or any other legal doctrine. Your sole and exclusive remedies under this Agreement are as expressly set out in this Agreement.
A. Service – Varcomm shall not be liable to you or anyone else for any special, indirect, punitive, or consequential damages, including without limitation loss of anticipated profits or other economic loss, personal injuries, or property damage arising out of the use or inability to use the Varcomm Inc. broadband service, interruptions, errors, or defects, in installation, provisioning, termination, maintenance, repair, or restoration of Varcomm broadband service, however caused, or for damage to, loss of, or destruction of, any software, files, or data, (collectively, a “Loss.”), or the breach of any warranty by Varcomm Varcomm’s liability for direct damages for a Loss caused by the ordinary negligence of Varcomm shall not exceed the amount you paid for the affected service for the period of time is was affected. Varcomm’s liability for any direct damages for a Loss caused by the gross negligence on the part of the Company shall be limited to $2,500. Varcomm shall not be liable for any Loss due to causes beyond its control, including acts of God, flood, natural disaster, vandalism, terrorism, regulation or governmental acts, fire, civil disturbance, electrical power outage, computer viruses or worms, strike or weather.Software
B. Software – Varcomm shall not be liable to you or anyone else for any special, indirect, punitive, or consequential damages, including without limitation loss of anticipated profits or other economic loss, personal injuries, or property damage, for faulty software provided by Varcomm and your exclusive remedy, shall be limited to replacement of the software.
C. Intellectual Property Rights – Varcomm shall not be liable to you or anyone else for any losses, claims, damages of any kind or form, expenses, liabilities, or costs, (including legal fees) resulting directly or indirectly out of, or otherwise arising in connection with, any allegation, claim, suit, or other proceeding based upon a claim that your use of Varcomm’s broadband service or use by a third party infringes the copyright, patent, trademark, trade secret, confidentiality, privacy, or other industrial or intellectual property rights, proprietary rights, or contractual rights of any third party.
D. You acknowledge that Varcomm’s or your installation, use, inspection, maintenance, report, replacement or removal of the Varcomm broadband service, Varcomm equipment and software may result in damage to your computer(s), telephones, televisions, recording and playback devices, audio equipment or other equipment or hardware, including software and data files stored thereon. You shall solely be responsible for backing up all existing computer or other software or data files prior to the performance of any of the foregoing activities. Varcomm, its Vendors, licensees, agents, employees, shareholders, and managers shall have no liability and each expressly disclaims any responsibility whatsoever, for any damage to or loss or destruction of any equipment, software, hardware, data, or files.
E. You agree that the provisions of this Section 13 shall apply to all Content or services included in, or accessible through, the Varcomm broadband service, and are for the benefit of, and may be enforced by Varcomm and its Vendors.
A. General. Your privacy interests, including your ability to limit disclosure of certain information to third parties, may be addressed by, among other laws, the Electronic Communications Privacy Act. Personally identifiable information that may be collected, used or disclosed in accordance with applicable laws is described in the Subscriber Privacy Notice delivered to you by Varcomm and the Website Privacy Notice available on the Varcomm website. I acknowledge receipt of the Subscriber Privacy Notice and Website Privacy Notice, which are hereby incorporated into and is deemed to form a part of this Agreement, and expressly consent to the collection, use and disclosure of personally identifiable and other information as described in the Subscriber Privacy Notice and Website Privacy Notice, as it may be amended from time to time.
B. Protection of Varcomm’s Interests. I agree that, in addition to actions and disclosures specifically authorized by law or statute or authorized elsewhere in this Agreement, Varcomm has the right (except where prohibited by law notwithstanding my consent), but not the obligation, to disclose any information to protect its respective rights, property and/or operations, or where circumstances suggest that individual or public safety is in peril. You consent to such actions or disclosures.
16. Indemnification: You agree that upon request by Varcomm you will defend, indemnify, and hold harmless Varcomm, its officers, directors, agents, employees, and Vendors, from all claims, liabilities, losses, damages, costs, and expenses, including attorneys’ fees, that arise from your breach of this Agreement, including without limitation:
A. Any breach of this Agreement by you or anyone you permit to use your Varcomm broadband service (“Users”);
B. Your or any Users’ use of Varcomm broadband service or the Internet for the placement of transmission of any information, software, or other materials on the Internet;
C. Your acts or omissions or those of your agents or contractors in connection with, among other things, the installation, maintenance, presence, use, or removal of equipment or software provided by or not provided by Varcomm that is connected or to be connected to Varcomm broadband service; and
D. Claims for infringement of any third party proprietary right, including copyright, patent, trade secret, and trademark rights, arising from the your or any User’s use of the Varcomm broadband service.
E. Varcomm reserves the right in its sole discretion, at its own expense, to assume the exclusive defense and control of any matter for which Varcomm is entitled to indemnification hereunder.
A. Your Voluntary Termination
1. Notice Required. In order to terminate your Varcomm broadband service, you must either: (1) contact Varcomm by calling telephoning (888) 539-5234 and speak to one of our representatives; (2) stop by our office or provide written notice to: Varcomm Attention: Terminations P.O. Box 700 Ducor, CA 93218. Upon Varcomm’s receipt of notice of termination, and not before, Varcomm shall stop charging you for Varcomm broadband service. You cannot terminate your Varcomm broadband service by writing “Canceled” (or any other messages, instructions or statements) on your bill or check, or by making a disconnect appointment that does not result in Varcomm’sphysical recovery of the Varcomm equipment. In addition, you agree that any restrictive endorsements (such as “paid in full”), releases or other statements on or accompanying checks or other payments accepted by Varcomm shall have no legal effect.
2. Refunds. Upon termination of Varcomm broadband service, Varcomm will refund any unused portion of fixed monthly rates paid in advance, except in the case of early termination of a Varcomm broadband service arrangement requiring a minimum number of months’ service in return for a discounted rate, in which event the regular, (non-discounted) rate shall be applied to the months of service furnished by Varcomm, in order to determine what, if any, balance remains for refund.
B. Involuntary Termination for Misuse or Nonpayment – In the event Varcomm exercises its right to terminate Varcomm broadband service to you in accordance with the provisions of this Agreement, it may terminate Varcomm broadband service with immediate effect without prior notice, and Varcomm shall not be obligated to refund any prepaid amounts.
C. Payment Upon Termination – Upon termination of Varcomm broadband service for any reason, all charges incurred for Varcomm broadband service, together with interest owed for late payments, if any, shall become immediately due and payable, and the provisions of Section 3(e) shall apply as to any amounts not immediately paid and as to costs incurred in collecting such amounts.
18. Consent to Phone and Email Contact
A. Contact by Phone. You consent to Varcomm calling the phone numbers you supply to it for any purpose, including the marketing of its current and future services. You agree that these phone calls may be made using any method, including an automatic dialing system or an artificial or recorded voice. Upon your request, the phone numbers you have previously provided will be removed from Varcomm’s phone marketing list. You can make this request by calling or writing Varcomm and asking to be placed on Varcomm’s Do Not Call List.
1. Government “Do Not Call” Registries Insufficient. You acknowledge that being included in any state or federal “do not call” registry will not be sufficient to remove you from Varcomm’s phone marketing list.
2. Contact by Email. You consent to Varcomm emailing you, at any email address, including that of a wireless or mobile device, that you provide to Varcomm (or that Varcomm issues to me in connection with the Varcomm broadband service), for any purpose, including the marketing of Varcomm’s current and future services. If your wireless or mobile provider charges you for receipt of such messages, you acknowledge and agree that you are responsible for paying such charges. You may revoke this authorization insofar as it relates to marketing messages at any time by calling or writing your local Varcomm office.
B. Consent to Electronic Notice – You agree that unless otherwise specified, all notices required or contemplated hereunder will be provided by Varcomm by such means as Varcomm shall determine in its discretion. Without limiting the foregoing, you agree that Varcomm may provide any notices required or contemplated hereunder or by applicable law, including notice of changes to this Agreement, the rates, or the Privacy Notice, by electronic means (for example, email or online posting). An online version of this Agreement, the Subscriber Privacy Notice and any applicable rates, as so changed from time to time, will be accessible at http://www.varcomm.net or another online location designated by Varcomm, or can be obtained by calling your local Varcomm office.
19. Entire Agreement. This Agreement contains and refers to the entire agreement of the parties relating to the rights granted and obligations assumed in this Agreement. Any oral representations or modifications concerning this Agreement shall be of no force and effect unless contained in a subsequent written modification signed by both parties to this Agreement or unless modified pursuant to Section 2.
A. Headings – The headings in this Agreement are for convenience of reference only and shall not be given any effect in the interpretation of this Agreement.
B. No Waiver – No course of dealing or failure of either party to enforce strictly any right, term, or condition of this Agreement shall be deemed or construed as a waiver of such right, term, or condition
C. Severability – If any provision of this Agreement is held by a court or regulatory agency of competent jurisdiction to be invalid, void, or unenforceable, the rest of the agreement shall remain in full force and effect.
D. Assignment – You understand that your Varcomm broadband service is being provided only to you at the specified and agreed upon street address set forth on the applicable Varcomm service order provided to you in connection with the installation or commencement of your Varcomm broadband service and that you are not allowed to transfer all or any portion of the Varcomm broadband service, or Varcomm’s equipment, to any other person, entity or location, including a new residence. You agree that you may not assign or transfer this Agreement. Varcomm may transfer or assign any portion or all of this Agreement at any time without notice to me, and you waive any such notice which may be required.
II. VARCOMM BROADBAND SERVICE
1. Broadband Service. This Addendum modifies and expands the Varcomm Internet Provider broadband service Agreement and governs the terms and conditions under which Varcomm provided Internet access service to its customers. (“Varcomm Broadband Service”) By making use of Varcomm Broadband Service, you agree to the terms and conditions of the Varcomm Broadband Service Agreement as modified by this Addendum. For subscribers to Varcomm Broadband Service, “this Agreement,” as used in the broadband service Agreement and in this Addendum, means said agreement as a supplemented and modified by this Addendum.
2. Changes In Terms. Varcomm may change the provisions of this Addendum on not less than ten days’ written notice by email or by United States mail, (except as otherwise provided in the Optional Annual Plan Provisions below, if applicable.) or by posting notifications on www.varcomm.net. Your use of Varcomm Broadband Service after the effective date of any change in this Addendum shall constitute your acceptance of and agreement to such change.
3. Early Termination. The provisions of Section 11 shall apply, except that, if you sign the Optional Annual Plan Provisions at the end of this Addendum in order to receive a lower monthly rate, you will be charged a fixed pro-rated early termination fee as provided in the Optional Annual Plan Provisions.
A. Minimum System Requirements – In order to run Varcomm Broadband Service, your computer must meet the minimum specifications set forth in Exhibit A at the end of this Addendum. In addition, successful installation requires that you have your original copy of your operating system software on CD-ROM, diskette, or other medium. You represent and warrant that you meet these requirements.
B. DSL Router – You must connect a DSL router to your computer in order to use the Varcomm Broadband Service. Varcomm will provide and install a leased DSL router approved by Varcomm during the installation. This DSL router needs to be returned to Varcomm after termination of services provided by Varcomm
C. Equipment Compatibility – You shall be solely responsible for the installation, operation, maintenance, use, and compatibility (with Varcomm Broadband Service) of your computer system and related equipment and any DSL-related equipment or software not provided by Varcomm In the event that your equipment or software not provided by Varcomm impairs your use of Varcomm Broadband Service, (i) you shall nonetheless be liable for payment of all Varcomm Broadband Service charges; and (ii) Varcomm shall not be responsible for meeting any service specifications or performance levels generally applicable to the Varcomm DSL broadband service.
D. Limited Warranty of Equipment Furnished By Varcomm – Varcomm shall not be responsible for the ongoing operation of the DSL router or other equipment furnished by Varcomm, and Varcomm shall have no obligation to maintain such equipment, nor any obligation to secure maintenance services on your behalf. All equipment purchased from Varcomm is subject to the terms and conditions set forth in the manufacturer’s warranty or end-user license packaged with such equipment. Varcomm specifically disclaims and makes no representations or warranties, expressed or implied, regarding such equipment. If you make modifications to the equipment that makes the equipment inaccessible remotely to a Varcomm technician, you will be billed for the repair and re-configuration of the equipment. If any equipment you lease from Varcomm is stolen, lost, or becomes damaged (except for normal wear and tear), you will be held responsible for the full cost of the replacement. You are responsible for returning all equipment in good working condition. You will be held responsible for the full cost of replacement for equipment not returned in good working condition.
E. Recommended minimum system requirements are as follows:
i. Internet HTML 4.01 compatible browser such as MS Internet Explorer or Firefox, for Windows operating systems
ii. Safari or Camino (for OS X), for Macintosh operating systems
iii. Your computer and or software vendors Minimum recommended RAM
iv. Installed Ethernet network interface card with RJ45 connector
v. Laptops must already have an installed Ethernet Network Interface Card with RJ45 connector
5. Varcomm DSL Service Availability:
A. Geographic Availability – You acknowledge that Varcomm Broadband Service may not be available on your telephone line, even though the preliminary telephone number check conducted when you placed your order indicated that the service is available in your geographical area. Due to the nature of the DSL service technology, Varcomm reserves the right to terminate this Agreement without liability to you if Varcomm at any time is not able to provide, repair, or maintain Varcomm DSL broadband service to your premises; provided, however, that Varcomm shall refund any pre-paid charges for the Varcomm DSL broadband service that it terminates.
B. Circuit Speed – Varcomm will attempt to deliver the speeds which you have signed up for. However, sometimes, due to conditions out of our control; internet congestion, malware, spyware, viruses, line condition, site integrity and the like, may cause your connection to be slower than you expect. Varcomm will attempt to remedy any speed issues that you may have but in no way implies, represents, or warrants that you will get the full bandwidth for which you have applied.
6. Telephone Service:
A. Existing Phone Service – Varcomm Broadband Service is only available to those customers who have a current and active local telephone service account, in good standing, through Varcomm’saffiliated company, Ducor Telephone Company. Varcomm Broadband Service will be immediately disconnected and terminated upon the disconnection or termination of a customer’s telephone service with Ducor Telephone Company.
B. Existing Line – Varcomm shall provide Varcomm Broadband Service over your existing telephone line. Varcomm and its agents, contractors, and representatives shall have no liability for the interference with or degradation of telephone service on your line.
C. 911 Service – You shall instruct everyone in your household to use the telephone and not your computer to call 911 for emergency help. Your computer, even with voice communication, will not deliver necessary emergency information to the 911 dispatcher.
D. Local and Toll Carrier Charges – This DSL Addendum in no way changes or supersedes your relationship with your current provider(s) of local and long-distance telephone service. You will continue to be charged separately for those telephone services.
7. Limited Warranty:
A. The actual transmission speeds you experience using Varcomm Broadband Service may vary from the transmission speeds that you might expect, due to such factors as the length and gauge of the telecommunications line serving your premises and other operational characteristics of the facilities and equipment used for the Varcomm Broadband Service. Speed also depends on the bottlenecks experienced upon the wider network architecture of the Internet itself. For these reasons, Varcomm does not guarantee that you will experience any particular performance level (throughput speed.)
B. However, Varcomm shall make commercially reasonable efforts to deliver to you quality DSL service.
C. This limited warranty does not apply (i) to issues involving your computer or software; (ii) if your equipment has been subjected to unusual physical or electrical stress, misuse, neglect, accident, or abuse, or damaged by any other external cause; or (iii) if any person other than Varcomm or its contractor has installed the Varcomm Broadband Service and related equipment.
D. This limited warranty shall be in lieu of all other expressed or implied warranties, including without limitation, warranties of merchantability and fitness for a particular purpose.
8. Activation at Fixed Location: Varcomm Broadband Service requires a technical activation on your telephone line. Varcomm shall, at a time mutually agreed, install the necessary equipment at your premises and shall test the circuit at the telephone that jack you intend to use for Varcomm Broadband Service. The service may not be moved to a different location (even if the telephone number remains the same) or a different telephone number without payment of a new activation fee and any applicable charge for early termination. Transferring the service to a different place within a location may require further activation work by Varcomm or its agents, contractors or representatives, at additional cost. If you change premises, you shall notify Varcomm, pursuant to the provisions of Section 11 of this Agreement, to terminate your service.
9. Installation by Varcomm
A. Back-Up Requirements – The installation, use, inspection, maintenance, repair, and removal of the DSL equipment may result in a service outage or potential damage to your computer. You are solely responsible for backing up all existing computer files by copying them to another storage medium prior to installation of the DSL equipment, and prior to any inspection, maintenance, repair, or removal of the DSL equipment.
B. Access; File Modification – If you request Varcomm to install Varcomm Broadband Service, you authorize Varcomm to enter your premises at a mutually agreed time, open your computer, install hardware and software, re-boot the system, test the service, and perform similar functions necessary for a successful installation. As part of the installation process for the DSL software, as when most software is installed on a computer, system files on your computer, such as INI, BAT, SYS, and DLL files, may be modified or deleted. Varcomm does not represent, warrant, nor covenant that such modifications or deletions will not disrupt the normal operations of your computer and shall not be liable for any losses, damages, costs, liabilities, or expenses resulting from or related to the modification or deletion of such system files on your computer.
C. Limitation of Liability – Varcomm and its employees, agents, contractors, and representatives shall have no liability whatsoever for any (i) damage to or loss or destruction of your software, files, or data arising out of installation by Varcomm; or (ii) damage to your computer or peripheral equipment caused by Varcomm in the course of installation, other than the cost to repair or replace such hardware; or (iii) disruption of your normal telephone service during the installation process; or (iv) impacts upon or loss of any computer or software vendor warranty relating to the opening of your computer in the course of installation.
10. Installation by You or Others. Varcomm does not represent, warrant, or covenant that installation by you or a third party chosen by you will enable you to successfully access, operate, or use Varcomm Broadband Service.
11. Appropriate Use. Varcomm reserves the right to terminate your Varcomm Broadband Service immediately without notice if, in Varcomm’s sole discretion, you do not use Varcomm Broadband Service in an appropriate and lawful manner. You agree not to use or to allow others to use Varcomm Broadband Service, directly or indirectly, to:
A. Violate any of the provisions of Section 5 of this Agreement; or
B. Disrupt, abuse, or cause degradation of service in the Varcomm’s backbone network nodes or network services or the network nodes of other Varcomm.net users; or
C. Resell the Varcomm Broadband Service, or bandwidth, or use the service for operation of an Internet service provider business or for any other business enterprise in competition with Varcomm (except with the prior written approval of Varcomm and compliance with all conditions imposed by Varcomm for granting such approval); or
D. Redistribute your residential Varcomm DSL broadband service to anyone not a member of your household or redistribute your business Varcomm Broadband Service to anyone not working for your business as an employee or contractor; or
E. Access any computer, software, data, or any confidential, copyright-protected, or patent-protected material of any other person, without the knowledge and consent of such person.
12. If you engage in any of these activities, Varcomm may immediately terminate your Varcomm Broadband Service. This Section 34 shall not in any way limit Varcomm’s rights of termination pursuant to Section 16 of this Agreement.
1. Firewall, Anti-virus Recommended – It is your responsibility to safeguard your computer system, through appropriate means (e.g., using commercially available software or hardware) from theft, unauthorized use, or system corruption. If you fail to secure your system properly and that causes any detriment to the network, Varcomm may immediately terminate your Varcomm Broadband Service. Varcomm HIGHLY recommends that you purchase and install a commercial firewall package and anti-virus package. Varcomm shall have no liability whatsoever for any claims, losses, actions, damages, suits, or proceedings resulting from or arising out of or otherwise relating to your failure to safeguard the security of your system, software, and data.
2. FTP/HTTP Server Setup – Certain applications that you may use will, by their nature, permit other Internet users to gain access to your computer. These applications include, for example, your use of your computer as a server to allow others to download files using FTP or to access content that you placed on a website using HTTP. You are permitted to run such applications for your personal use and within the limitation of Section 5 and 33 of this Agreement, provided that you take the appropriate security measures and you assume all risk of security breaches such as those described in section 34(a) above. Varcomm shall have no liability whatsoever for any claims, losses, actions, damages, suits, or proceedings resulting from or arising out of or otherwise relating to your use of such applications, including, without limitation, damages resulting from other Internet users having access to your computer.
13. Limitation of Liability for Equipment:
A. Varcomm shall not be liable for any direct, special, indirect, punitive or consequential damages, including without limitation loss of anticipated profits or other economic loss, personal injuries, or property damage, for defective equipment provided by Varcomm
B. Your sole remedy in the event of any defective equipment shall be to seek redress from the manufacturer in accordance with the terms and conditions set forth in such manufacturer’s warranty or end-user license packaged with such equipment. Do not ship defective equipment to Varcomm Any equipment Varcomm delivers to you hereunder may have additional restrictions on its use required by the manufacturer. You are solely responsible for adhering to any and all such restrictions and requirements.
14. Internet Protocol Address – You shall have no ownership interest in any Internet Protocol address provided by Varcomm. Varcomm shall retain ownership of all such addresses and, upon termination of this Agreement, you shall no longer have access to or use of any such address.
III. VARCOMM MINIMUM SERVICE PERIOD
1. For a Varcom broadband service customer who disconnects service within the first 40 days following installation will not be billed an early termination fee.
2. In order to qualify for the chosen monthly rate for Varcomm DSL broadband service, you agree to continue the service for at least six (6) month and, in case you terminate your agreement sooner than six (6) months, you agree to pay Varcomm a fixed early termination fee of $125.00. *Change only applies to agreements signed on or after September 1, 2018. All others will be responsible for only the amount listed on the Signed Terms on the conception date of your contract.
3. After you have completed the initial 6 month period, your service will be month-to-month, with no further early termination fee applies.
IV. LAW ENFORCEMENT COMPLIANCE
1. Varcomm retains and stores certain traffic information (such as the identity of the customer using a particular IP address during a specific period) for time periods required by federal or state law.
2. Varcomm retains, stores and provides to law enforcement any traffic information requested pursuant to the procedures of the Communications Assistance for Law Enforcement Act (CALEA),the Foreign Intelligence Surveillance Act (FISA) or other applicable national security or criminal statutes. In the interest of National security, Law Enforcement, Public Safety, Homeland Security of other National Security Authorities may monitor, interrupt and record traffic traveling through the Company’s network. (For more information regarding the possible intersection of internet traffic research the, Communications Assistance for Law Enforcement Act, the foreign Intelligence Surveillance Act, and the Electronic Communications Privacy Act)
3. Varcomm does not collect, store or use traffic information to profile its customers in order to sell additional services to them, or for similar non-network management purposes.
4. Transfers of Unlawful Content and Unlawful Transfers of Content
A. Varcomm and all other broadband providers have been encouraged to take reasonable practices to prevent the transfer of unlawful content and to prevent the unlawful transfer of content. Varcomm will therefore report any copyright infringement, (unlawful transfer of content) as indicated in the Varcomm broadband services User Agreement. Varcomm has established a Designated Agent in order to receive reports of copyright infringement.
B. Varcomm is required to report any transfer of unlawful content. This may include child pornography, threats of violence, terrorist activity, unlawful transactions, and etcetera.
5. Designated Agent:
P.O. Box 700
Ducor, CA 93218
6. Questions and complaints regarding the foregoing matters should be addressed to Varcomm’s regulatory department as listed above.
7. Varcomm strongly desires to resolve questions, complaints and other problems of its customers and edge service providers in an informal and direct manner that satisfies all interested parties to the greatest extent practicable.
8. Customers and edge service providers that are not able to obtain satisfaction from the Company have the option of invoking the FCC’s informal and formal complaint procedures regarding Open Internet Framework disputes.
9. More Information: To read and understand more about the Open Internet rules from the FCC.
V. Broadband Internet Access Services Network Management Practices, Performance Characteristics, and Commercial Terms and Conditions for Fixed Services
1. Varcomm (the Company) has adopted the following network management practices, performance characteristics, and commercial terms and conditions for its broadband Internet access services in compliance with the Federal Communications Commission’s (FCC’s Open Internet Framework requirements (ON Docket No. 09-191 and WC Docket No. 07-52).
A. These practices, characteristics, terms and conditions are intended to help preserve the Internet as an open framework that enables consumer choice, freedom of expression, end-user control, competition, and freedom to innovate without permission, while permitting the Company to manage its network reasonably.
B. These practices, characteristics, terms and conditions are effective as of November 20,2011. The Company may add, delete, or modify certain practices, performance characteristics, terms and conditions from time to time at its discretion. It will provide clear written notice of these changes on this website, but will not notify customers, content providers, applications providers, service providers or device providers individually of such changes by bill inserts, e-mails, tweets, telephone calls or other direct communications unless specifically required to do so by federal or state authorities. The Company will provide as much advance notice as practicable of such changes. It will normally endeavor to furnish written notice on this website thirty (30) days before changes become effective, but reserves the right to use a shorter notice period when regulatory, operational, technical or other circumstances warrant.
2. Network Management Practices. The Company manages its network with the goal of providing the best practicable broadband Internet experience to all of its customers. Within the scope of its resources, it attempts to deploy and maintain adequate capacity and facilities within its own network, and to obtain sufficient Middle Mile capacity or facilities outside its service area to connect with the Internet. The Company and its staff use commercially reasonable efforts to monitor, address and minimize (but do not guarantee that they can prevent) the effects of spam, viruses, security attacks, network congestion, and other phenomena that can degrade the service of affected customers.
3 Congestion Management Practices. Congestion is an Internet access service problem that can slow web browsing, downloading, and other activities of the customers during certain peak usage periods. Congestion may be caused by capacity limits and bottlenecks in a service provider’s own network, or by limitations in the capacity of the Middle Mile transport facilities and services that many rural service providers must purchase from unrelated entities to carry the traffic of their customers between their service areas and the closest Internet nodes.
A. As of October 2011, the Company has experienced occasional problems with congestion.
B. If significant congestion problems arise in the future, the Company’s most desired approach is to determine the source of the problem, and to increase the capacity of the affected portions of its network and/or of its Middle Mile routes where warranted. However, network and Middle Mile upgrades often cannot be accomplished instantaneously because they require negotiations, authorizations and agreements with multiple unrelated entities such as lenders, government agencies, equipment vendors, property owners and other carriers.
C. If or when network and/or Middle Mile upgrades are not able to be deployed on a timely or reasonable basis, the Company reserves the right to monitor and identify which customer accounts are using the greatest amount of bandwidth during periods of heavy congestion, and to contact those high-volume customers to work out a solution to the problem. The Company’s preferred solution will be to help such high-volume customers find acceptable times during non¬peak periods to engage in the same activities.
D. If that preferred solution is not possible, the Company reserves the right to manage temporarily the Internet traffic of high-volume customers during periods of significant congestion until such periods of congestion pass. This temporary traffic management will be accomplished by technically and commercially feasible methods that are available or that become available in the future. Affected high-volume customers will still be able to access the Internet and engage in any and all online activities they desire. However, during periods of congestion they may experience conditions such as longer times to download or upload files, slower Web surfing, and/or slower movements during online game playing.
E. Customers should note that any temporary traffic management practices employed by the Company will impact only identified and notified high-volume customers during periods when congestion problems are experienced, and will not be based upon the types of content, applications, services, or devices such customers use. On the basis of its knowledge and experience as of November 2011, the Company expects that periods of temporary traffic management, if any, will be brief and infrequent.
F. For purposes of its congestion management practices, the Company will consider a period in which a congestion problem arises and exists to be one where the company is able to determine, by way of viewing traffic logs that a problem exists. It will consider a high-volume customer as one that uses more than the average amount of bandwidth during peak periods.
4. Application-Specific Behavior Practices -The Company does not favor or inhibit certain applications or classes of applications. Customers may use any lawful and commercially available application which they desire on the Company’s network.
A. The Company does not normally monitor the contents of the traffic or applications of its customers. It undertakes no obligation to monitor or investigate the lawfulness of the applications used by its customers. If any party contacts the Company with a substantial allegation that an application being used by a customer is unlawful, the Company will investigate the matter (including consultation, as it deems appropriate, with attorneys, consultants, federal or state regulators, and/or federal, state or local law enforcement agencies), and will take appropriate actions to deal with the use of applications that are demonstrated to be unlawful.
B. Customers may occasionally develop their own applications, or modify commercially available applications. The Company will not prohibit the use of customer-developed or modified applications unless there is a reasonable belief that such applications will cause harm to its network.
C. The Company does not block or rate-control specific protocols or protocol ports.
D. The Company does not modify protocol fields in ways that are not prescribed by the applicable protocol standards.
5. Device Attachment Rules
A. The Company does not have any approval procedures that must be satisfied before a device can be connected to its network. Customers may use any lawful, compatible, type-accepted (if necessary) and commercially available device which they desire on the Company’s network, as long as such device does not harm the network or violate any rules as set forth in the Terms of Service agreement.
B. The Company does not normally monitor the devices used by its customers. It warns customers that some types of devices (for example, Data Over Cable Service Interface Specification (‘DOCSIS’) devices intended for use on cable broadband networks) may not be compatible with its fiber optic and digital subscriber line (DSL) network.
C. The Company undertakes no obligation to monitor or investigate the lawfulness of the devices used by its customers. If any party contacts the Company with a substantial allegation that a device being used by a customer is unlawful, the Company will investigate the matter (including consultation, as it deems appropriate, with attorneys, consultants, federal or state regulators, and/or federal, state or local law enforcement agencies), and will take appropriate actions to deal with the use of a device that is demonstrated to be unlawful.
D. Customers may occasionally develop their own devices, or modify commercially available devices. The Company will not prohibit the use of lawful customer-developed or modified devices unless there is a reasonable belief that such devices will cause harm to its network.
E. Due to the vast choices that consumers now have in regards to internet devices and the differences in the technology, the Company warns that they will not offer technical support to devices other than the equipment provided and then, only limited wireless support.
4 Security Practices –
A. The Company does not normally monitor the traffic of its customers. It undertakes no obligation to monitor or protect such customer traffic from spam, viruses, denial-of-service attacks, or other malicious, unlawful or unwanted activities.
B. The Company recognizes that customers can purchase spam filtering and anti-virus software from commercial vendors to meet their needs. The Company may from time to time offer anti¬spam and/or anti-virus software or services to customers who desire to purchase them from the Company. When offered, these software or services will be described and priced in other sections of this website and in the Company’s sales and marketing materials. Customers are free to obtain anti-spam and/or anti-virus software or services from any source they desire, as long as such software or services do not disrupt or degrade the traffic of other customers of the Company or harm the network.
C. A customer that is subjected to a denial-of-service attack, or similar malicious, unlawful or unwanted activity, is urged to notify the Company as soon as possible. The Company will work with the customer, other service providers, federal and state regulators, and/or law enforcement to determine the source of such activity, and to take appropriate, and technically and economically reasonable efforts to address the matter.
D. The Company employs commercially appropriate security procedures to protect its network and its customer records from unauthorized access by third parties. The Company does not guarantee that it can protect customers from any and/or all security breaches.
6. Traffic Blocking
A. The Company does not block any lawful content, applications, devices, and/or non-harmful devices.
B. The only potential exceptions where blocking may occur entail the unlawful or harmful circumstances set forth in Sections I.A through I.D above. The Company believes that all such circumstances constitute reasonable network management practices.
C. The Company does not knowingly and intentionally impair, degrade or delay the traffic on its network so as to render effectively unusable certain content, applications, services and/or non¬harmful devices. However, the Company notes that congestion may from time to time impair, degrade, or delay some traffic.
D. The Company does not charge edge service providers of content, applications, services and/or devices any fees simply for transporting traffic between them and its customers.
7. Performance Characteristics
A. Many of the service and performance characteristics of the Company’s broadband Internet access services are contained in the service offering portions of this website. The Company offers different tiers of service at different prices, and changes these from time to time.
8. General Service Description
A. The Company uses a hybrid fiber optic, microwave and copper digital subscriber line (DSL) network that reaches approximately 80 percent of the potential customers in its rural service area. The expected access speeds in the DSL portions of the network range from 3 megabits per second (Mbps) to 6 Mbps, depending upon the actual lengths of the respective fiber trunks and copper lines, with an average ping time, (latency) of 75, depending upon the electronics installed:
B. Actual access speeds and time delays (latency) are impacted by the length, capacity and congestion of Middle Mile transport facilities (between the Company’s service area and Internet nodes) as well as the characteristic of the Company’s own network. Because conditions on these facilities and routes can change frequently, the Company can provide estimated actual access speed and latency information only for specific recent time periods requested by a customer.
C. The Company’s service is suitable for real-time applications. Real-time applications such as VoIP, gaming, etc. will be effected by many factors including the distance of travel, network congestion at the company as well as the route of the connection, weather, condition of the service plant, amount of electronics hooked to the network and various other factors.
D. The Company will provide Law Enforcement, Public Safety, Homeland Security or other National Security Authorities priority use of its internet during time of crisis. This allowance may affect the service being provided to the Company’s regular customers.
9. Impact of Specialized Services The Company offers NO specialized services to its DSL subscribers.
10. Impact of Middle Mile Capacity Constraints
A. The Company purchases Middle Mile capacity services from Zayo and Vast Networks (CVIN) approximately 40 miles long between the Company’s service area and the closest Internet nodes. The Company has no ownership in its Middle Mile providers and has no control over it. The Company cannot guarantee that it will be able to obtain additional Middle Mile capacity at commercially reasonable prices if and when needs for additional Middle Mile capacity arise.
11. Commercial Terms and Conditions
A. The commercial terms and conditions of the Company’s broadband Internet access services are contained in greater detail in the Terms of Service portions of this website. This section provides a brief overview or reference to terms and conditions detailed elsewhere, plus discussions of other terms and conditions required by the FCC’s Open Internet Framework.
12. Pricing Terms and Conditions
A. The Company offers different tiers and levels of service at different prices, and changes these from time to time. These service tiers and prices are detailed in the service offering portion of this website. The Company does not impose usage-based fees on any tiers or levels of its service. The Company does impose fees for early termination with respect to certain of its service arrangements. These early termination fees are imposed upon the service arrangements specifically identified in the Terms of Service, Section 18 in the manner and under the conditions set forth therein.
13. No Unreasonable Discrimination
A. The Company does not unreasonably discriminate in its transmission of traffic over the broadband Internet access services of its customers. It endeavors to give its customers as much choice and control as practicable among its different service offerings and among the content, application, service and device offerings of edge service providers. When reasonable network management practices entail differential treatment of traffic, the Company does not discriminate among specific uses, or classes of uses, of its network.
B. The Company does not impair, degrade or delay VoIP applications or services that compete with its voice services and those of its affiliates.
C. The Company does not impair, degrade, delay or otherwise inhibit access by its customers to lawful content, applications, services or non-harmful devices.
D. The Company does not impair free expression by actions such as slowing traffic from particular websites or blogs.
E. The Company does not use or demand pay-for-priority or similar arrangements that directly or indirectly favor some traffic over other traffic. The Company does not prioritize its own content, application, services, or devices, or those of its affiliates.
14. Privacy Policies
A. As indicated above, the Company’s network management practices do not generally entail inspection of network traffic. The Company retains and stores certain traffic information (such as the identity of the customer using a particular IP address during a specific period) for time periods required by federal or state law.
B. The Company retains, stores and provides to law enforcement any traffic information requested pursuant to the procedures of the Communications Assistance for Law Enforcement Act (CALEA),the Foreign Intelligence Surveillance Act (FISA) or other applicable national security or criminal statutes. In the interest of National security, Law Enforcement, Public Safety, Homeland Security of other National Security Authorities may monitor, interrupt and record traffic traveling through the Company’s network. (For more information regarding the possible intersection of internet traffic research the, Communications Assistance for Law Enforcement Act, the foreign Intelligence Surveillance Act, and the Electronic Communications Privacy Act)
C. The Company does not collect, store or use traffic information to profile its customers in order to sell additional services to them, or for similar non-network management purposes.
D. Transfers of Unlawful Content and Unlawful Transfers of Content
1. Varcomm and all other broadband providers have been encouraged to take reasonable practices to prevent the transfer of unlawful content and to prevent the unlawful transfer of content. Varcomm will therefore report any copyright infringement, (unlawful transfer of content) as indicated in the Terms of Service, Section 5(b) and 26(e). Varcomm has established a Designated Agent in order to receive reports of copyright infringement.
2. Varcomm is required to report any transfer of unlawful content. This may include child pornography, threats of violence, terrorist activity, unlawful transactions, and etcetera.
3. You can contact the Designated Agent at:
P.O. Box 700
Ducor, CA 93218
A. Questions and complaints regarding the foregoing matters should be addressed to the Designated Agent.
B. The Company strongly desires to resolve questions, complaints and other problems of its customers and edge service providers in an informal and direct manner that satisfies all interested parties to the greatest extent practicable.
C. Customers and edge service providers that are not able to obtain satisfaction from the Company have the option of invoking the FCC’s informal and formal complaint procedures regarding Open Internet Framework disputes.
D. To read and understand more about the Open Internet rules from the FCC, please visit: http://hraunfoss.fcc.gov/edocs_public/attachmatch/FCC-10-201A1.pdf