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 [email protected] 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.
ACCEPTABLE USE AND NETWORK MANAGEMENT POLICY
SANTEL Communications Cooperative Inc., affiliates and wholly owned subsidiary Communication Enterprises Inc., also known as CEI, (collectively “SANTEL”) have established an Acceptable Use and Network Management Policy (“AUP”) for the protection of SANTEL and its customers for the use of its products and services. SANTEL can be contacted at (605) 796-4411 regarding any questions you have about this AUP, SANTEL, or its products and services. By using services provided by SANTEL, you agree to be bound by the terms of this AUP.
SANTEL commits to the open and non-discriminatory use of the Internet by its customers and commits to use reasonable network management practices to ensure an open Internet. SANTEL will manage its network and provide access in accordance with the Federal Communications Commission’s (FCC’s) Open Internet Rules (adopted December 21, 2010 in 25 FCC Rcd 17905) and in compliance with any future rules adopted by the FCC.
Transparency. SANTEL shall make available public information on its website http://www.santel.coop/terms-and-conditions/ regarding its network management practices, performance and commercial terms of its service sufficient for consumers to make an informed choice regarding their use of such services.
SANTEL will not unjustly or unreasonably prevent or interfere with competition among content, applications, service, or device providers.
Network Security and Congestion Management. SANTEL uses generally accepted technical measures to provide acceptable service levels to all customers, such as application-neutral bandwidth allocation, as well as measures to address service attacks, illegal content and other harmful activities to protect network integrity and reliability.
SANTEL reserves the right to prioritize traffic based on real time and non-real time applications during heavy congestion periods based on generally accepted technical measures. SANTEL reserves the right to set speed thresholds on the amount of data you as a customer can upload and download within stated time periods. If you exceed these thresholds, SANTEL may temporarily limit the speed at which you can send and receive data over the SANTEL access network. SANTEL may use other traffic management and prioritization tools to help ensure equitable access to the SANTEL network for all customers. Excessive bandwidth or hardware usage that adversely affects SANTEL’ ability to provide its Internet or any other service may result in additional account management and fees.
SANTEL reserves the right to monitor customer usage and evaluate on an individual account basis bandwidth or hardware utilization to efficiently manage the performance of the network to ensure a sustainable quality broadband service is provided. Peak network usage is between 4 pm and 11 pm Monday – Friday and 10 am – 11 pm Saturday and Sunday. During peak usage times, priority is given to applications such as browsing, email, streaming, instant messaging, gaming and VoIP. The customer further agrees that SANTEL has the right 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 SANTEL and may not be appropriated for any use other than as intended by SANTEL or transferred to any other party.
SANTEL 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. SANTEL specifically disclaims any liability for any breach of security or any harm to customer’s computing system while connected to SANTEL’ Internet service.
Congestion due to malfunctioning hardware and/or software will be remedied as quickly as network engineers can diagnose and identify the offending hardware / software.
Congestion due to malice will be remedied using any technique available, including protocol-aware filtering and rate-limiting, to control and limit the offending source. SANTEL may seek criminal charges against those who inflict network malice. SANTEL may also attempt to recover costs incurred from network malice.
Internet Service. This AUP applies to customer use of any SANTEL Internet service regardless of technology or the Internet-based application utilized. It is not acceptable to use the SANTEL network for any purpose that violates local, state or federal laws or to transmit communications that might be highly offensive or damaging to any recipients or to use the service in a manner that is unintended. It is not acceptable to interfere with, violate, circumvent, misuse, distribute or disrupt network users, equipment or services. A customer may not:
- Use any Internet service or use or permit the use of Internet service for unlawful purposes or purposes that SANTEL believes to be unacceptable.
- 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.
- Transmit any information or software that contains a virus, worm, Trojan Horse, or other harmful component.
- 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.
- Transmit SPAM or other bulk email.
- 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.
- 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.
- Engage in any activity which would result in third-party charges to SANTEL.
- Resell or otherwise share SANTEL’ Internet service, account information or passwords.
SANTEL does not screen in advance any specific content accessible using its Internet service. SANTEL reserves the right but does not assume the responsibility, to block or limit access to content that violates this AUP. SANTEL shall not unjustly or unreasonably block access to lawful content, applications, services or non-harmful devices, subject to reasonable network management. SANTEL 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 customer’s own risk. SANTEL disclaims any responsibility for the accuracy, privacy or quality of the information. By using the Internet service, the customer agrees to hold SANTEL harmless for content accessed using the Internet service.
A customer may not use SANTEL’s Internet service for web or email hosting without making special written subscription arrangements with SANTEL.
SANTEL 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 SANTEL harmless for any and all claims, damages, losses, expenses (including attorneys’ fees and other legal expenses) resulting from the customer’s use of SANTEL’ 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 SANTEL 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 SANTEL 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 SANTEL, the following actions will be initiated:
- SANTEL personnel will review the address to determine whether the address is in use by SANTEL or by one of its owners or affiliates. If the address has been assigned to an entity other than SANTEL, the DMCA notice will be forwarded to that entity for review and any action or response.
- If the address is assigned and used by SANTEL or one of its customers, SANTEL personnel will attempt to identify the user. If the offender cannot be identified, the SANTEL Agent listed on SANTEL’ Internet site, currently Pam Kopfmann, will be notified so she can respond accordingly to the copyright holder or its agent. If the offender is identified, SANTEL 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 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.
SANTEL provides Spam filtering with each customer’s email address. Details of this service are listed on SANTEL website. SANTEL will not ask you for your password in an unsolicited telephone call or email. If you believe your password has been compromised, you should immediately change your password to prevent the unauthorized use of it.
Discrimination. SANTEL shall not unreasonably discriminate in transmitting lawful network traffic over a consumer’s broadband Internet access service, subject to reasonable network management practices.
Commercial Pricing. Please click on the following website link for pricing information including monthly prices, usage-based fees, and fees for early termination or additional network services: http://www.santel.coop/services/internet/
Contact Information. If you have any questions regarding this policy, please contact SANTEL customer service at: (605) 796-4411.
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.
In accordance with Federal civil rights law and U.S. Department of Agriculture (USDA) civil rights regulations and policies, the USDA, its Agencies, offices, and employees, and institutions participating in or administering USDA programs are prohibited from discriminating based on race, color, national origin, religion, sex, gender identity (including gender expression), sexual orientation, disability, age, marital status, family/parental status, income derived from a public assistance program, political beliefs, or reprisal or retaliation for prior civil rights activity, in any program or activity conducted or funded by USDA (not all bases apply to all programs). Remedies and complaint filing deadlines vary by program or incident.
Persons with disabilities who require alternative means of communication for program information (e.g., Braille, large print, audiotape, American Sign Language, etc.) should contact the responsible Agency or USDA’s TARGET Center at (202) 720-2600 (voice and TTY) or contact USDA through the Federal Relay Service at (800) 877-8339. Additionally, program information may be made available in languages other than English.
To file a program discrimination complaint, complete the USDA Program Discrimination Complaint Form, AD-3027, found online at http://www.ascr.usda.gov/complaint_filing_cust.html and at any USDA office or write a letter addressed to USDA and provide in the letter all of the information requested in the form. To request a copy of the complaint form, call (866) 632-9992. Submit your completed form or letter to USDA by:
(1) mail: U.S. Department of Agriculture
Office of the Assistant Secretary for Civil Rights
1400 Independence Avenue, SW
Washington, D.C. 20250-9410 ;
(2) fax: (202) 690-7442; or
(3) email: [email protected]
Santel is an equal opportunity provider.