TERMS AND CONDITIONS
The following terms and conditions apply to all customers of Santel Internet Products and Services:
Warning: Sexually explicit material can be obtained over the Internet. Santel is not responsible for your online activities, the content you view or the websites you visit. Nor is Santel responsible for the online activities of anyone using your Internet connection. Where a concern, users are advised to find and utilize software to block adult content.
The provision by Santel or its subcontractors of Internet service, certain electronic communication services and related items includes an agreement by and between Santel Communications Cooperative, duly authorized and existing under the laws of the State of South Dakota with its office at P.O. Box 67, Dumont Avenue, Woonsocket, South Dakota 57385, and Customer.
With respect to the service provided, Santel makes no warranties of any kind, expressed or implied, including any implied warrantee or merchantability or fitness of this service for a particular purpose. Santel takes no responsibility for any damages suffered by Customer, including but not limited to, loss of data from delays, non-deliveries, mis-deliveries, or service interruptions caused by Santel Internet’s own negligence or Customer’s errors and/or omissions.
Billing and Minimum Terms
Customers will be billed the next billing cycle after activation after Santel receives Customer’s order in Woonsocket, South Dakota, for the coming month’s fixed service costs, as well as the past month’s usage-based fees (such as hourly service charges for applicable services). The first payment will include the registration fee. The registration fee is non-refundable. The first payment may also include network connection costs, including service fees, local access, and monthly lease costs appropriate to the service selected. These fees are non-refundable. The monthly service fees are independent of the amount of traffic or systems access by users at Customer’s location.
These Terms and Conditions supersede all previous representations, understandings or agreements and shall prevail notwithstanding any variance with terms and conditions of any order submitted.
Use of Santel services constitutes acceptance of these Terms and Conditions.
Santel has zero tolerance for Unsolicited Broadcast Email and Unsolicited Commercial Email (“UBE/UCE”, commonly known as “Spam”) whether originating from customers, from customers’ customers, or from customers who provide services which are used to support spam.
Definition of Spam
Santel defines spam as unsolicited broadcast or commercial email that is sent to addresses that do not affirmatively and verifiably request such material from that specific sender, including but not limited to advertising, surveys, information pieces, third party spamming, website addresses, sales, and auctions.
Santel Internet’s customers and customers of Santel’s customers are prohibited from sending and shall not allow their connection to Santel Internet to be used for sending spam. Mail senders are required to maintain records that verify, on a case by case basis, that explicit affirmative permission was obtained from recipients before mailing. Lack of such records can be considered, at Santel sole discretion, proof that permission was not obtained.
Santel Internet customers are responsible for ensuring that they, their customers, and their respective agents and contractors abide by this policy. Santel Internet customers will be held responsible for all traffic sent through their connection to Santel Internet. Customers are also responsible for ensuring that they do not advertise or promote themselves through spam.
If Santel Internet receives a complaint, it will be forwarded to the customer for a response and complete resolution. If it is determined that the customer has used a Santel Internet connection to support spam, their account is subject to immediate suspension and/or termination.
Why this policy?
Unlike senders of traditional junk mail who are required to pay for envelopes, materials and postage, senders of spam can, given the nature of the Internet, impose undue financial burdens on the recipients of their messages at little or no cost to themselves. These include things such as the cost imposed on the recipients in bandwith to deliver the spam, and time and money wasted in filtering out and deleting spam and changing email addresses. Santel Internet believes that users of the Internet should not be forced to incur such expenses without their consent. As a result, Santel Internet believes that the elimination of spam will result in a better and less expensive Internet experience for all internet users and will allow Santel Internet to provide better and more efficient service to its customers.
If you have been spammed by one of our customers, please notify us by sending a copy of the message you received to firstname.lastname@example.org. Immediate attention will be given to the matter. Please be aware that it is not uncommon for spammers to hide behind someone else’s email account, as well as use mail servers that they do not own. By sending us a copy of the message you received, we will be able to determine enough information to accurately handle the situation. By examining the full message headers of the offending message, useful information can be obtained about the actual sender.
Spam filtering is FREE for each Santel email account. Spam Filtering detects and stops any incoming email that it thinks is junk/spam email. Email messages that are caught by Spam Filtering are available for you to view and are stored for 2 weeks before they are automatically deleted.
SANTEL RESPECTS YOUR PRIVACY
Santel Communications Cooperative Inc. and its affiliates or subsidiaries (hereafter referred to as “Santel”) strive at all times to respect a customer’s desire for privacy. We obtain and use individual customer information for business purposes only. The information is used to enable us to provide our customers with the best service possible. Customer information may also be used to protect customers, employees and property against fraud, theft, or abuse and to maintain good customer relations. Our employees are responsible for safeguarding individual customer information and communications. All personnel are aware of and protect the privacy of all forms of customer communications and information.
Privacy for Internet Service Subscribers
Santel does not track its user’s activities on the Internet. We monitor traffic in the aggregate in order to improve our Internet services and web site.
Customer Proprietary Network Information (CPNI)
It is the policy of Santel to maintain and protect the confidential and proprietary network information it possesses of its customers. Unless required to do so by law or unless such information will assist Santel in providing telecommunications services, no customer confidential or proprietary information will be given to any third parties. For the purposes of this policy, “customer confidential or proprietary information” does not include any information published in any telephone directory.
Privacy of Information
One can visit and use our web site with complete privacy. A web site visitor can chose to provide customer‐specific information by ordering a product or service, sending us e‐mail or using our convenient on‐line tools. Any information provided by a web site visitor is held strictly confidential by Santel or by its authorized agent and will not be sold or provided to any other organization or business.
Privacy of Personal Information
No personal information obtained on‐line is released outside of Santel or by its authorized agent, except with the customer’s permission, as required by law, for safety reasons, or to survey customer satisfaction. We use the information provided when placing an order to complete that order. Any information asked for on our website will only be used to process your request. We do not sell customer information to any outside party.
Any web sites of Santel may contain links to other web sites. We are not responsible for the content or privacy policies of other sites. Even though we will use our best efforts to assure privacy and confidentiality, material on the web, e‐mail, or other electronic communications cannot be guaranteed to be protected against access by unauthorized persons. Access by unauthorized persons can be obtained without your consent or our consent. This is simply a function of the technology in today’s environment.
To prevent unauthorized access, maintain data accuracy and ensure only appropriate use of information, appropriate safeguards have been established to secure the information collected on‐line.
To improve the services we offer, the information obtained about web users may be revised in the future. This privacy statement will be updated to reflect any future developments in our Internet business practices.
Electronic Communications Privacy Act (ECPA) Notice
Customers are hereby notified that SANTEL does NOT offer the same degree of privacy for email or files that the customer expects from regular paper mail.
ACCEPTABLE USE POLICY
This service may only be used for lawful purposes. Materials and/or transmissions in violation of any local, state or federal regulation(s) are prohibited. This includes, but is not limited to, copyrighted material, material legally judged to be threatening or obscene, or material protected by trade secrets. Use of Information: Use of any information obtained via this service is at Customer’s risk. Santel specifically denies any responsibility for the accuracy or quality of information obtained through its services.
Santel or other relevant authorities may determine inappropriate usage of this account and the privilege may be revoked at Santel’s discretion. Should this occur, Customer will be notified in writing of this action.
Change of Status
Santel will occasionally require new registration and account information by Customer to continue this service. In addition, Customer shall notify Santel in writing of any changes in the account information.
Limitation of Liability
Neither party shall be liable to the other for any loss, damage, liability, claim or expense arising out of or in relation to this agreement or the provision of service or equipment, however caused, whether grounded in contract, tort (including negligence) or theory of strict liability. The parties agree to work in good faith to implement the purpose of this agreement, but recognize the network connection and services to be provided by Santel could not be made available under these terms or other similar terms without a substantial increase in cost if the parties were to assume a greater liability to each other.
The Federal Communications Commission (FCC) has rules requiring telecommunications service providers such as Santel to make its services and products accessible to people with disabilities, if such access is readily achievable. These rules implement Section 255 of the federal Communications Act. Section 255 requires telecommunications service providers to make their services and devices compatible with peripheral devices and specialized customer premises equipment that are commonly used by people with disabilities, if such compatibility is readily achievable. Please contact us at 796-4411 for further information or to discuss your accessibility needs and the options we may have to assist you in using our services.
Santel Communications Cooperative, Inc. is the recipient of Federal financial assistance from the U.S. Department of Agriculture (USDA). The USDA prohibits discrimination in all its programs and activities on the basis of race, color, national origin, age, disability, and where applicable, sex, marital status, familial status, parental status, religion, sexual orientation, genetic information, political beliefs, reprisal, or because all or part of an individual’s income is derived from any public assistance program. (Not all prohibited bases apply to all programs.) Persons with disabilities who require alternative means for communications of program information (Braille, large print, audiotape, etc.) should contact USDA’s TARGET Center at (202) 720-2600 (voice and TDD).
The person responsible for coordinating this organization’s nondiscrimination compliance efforts is Ryan Thompson, Santel Communications Cooperative’s General Manager. If you wish to file a Civil Rights program complaint of discrimination, complete the USDA Program Discrimination Complaint Form, found online at http://www.ascr.usda.gov/complaint_filing_cust.html, or at any USDA office, or call (866)632-9992 to request the form. You may also write a letter containing all of the information requested in the form. Send your completed complaint form or letter by mail to U.S. Department of Agriculture, Director, Office of Adjudication, 1400 Independence Avenue, S.W., Washington, D.C. 20250-9410, by fax (202)690-7442 or email at email@example.com.
Santel Communications is an equal opportunity provider and employer.