Policies and Agreements
ACCEPTABLE USE POLICY FOR BROADBAND INTERNET SERVICES
Pulaski White Communications, dba LightStream™ (“LightStream”), has adopted this Acceptable Use Policy (“AUP”) to outline the acceptable use of LightStream’s Broadband Internet service (“Broadband Service”). This AUP is in addition to any restrictions contained in the LightStream service agreement for Internet service (the “Subscriber Agreement”). All capitalized terms used in this AUP that are not defined here have the meanings given to them in the Subscriber Agreement.
You, the customer, must comply with this AUP. Your failure to do so could result in the suspension or termination of your Broadband Service account. If you do not agree to comply with this AUP, you must immediately stop all use of the Broadband Service and notify LightStream so that we can close your account.
LightStream may revise this AUP from time to time and will have the latest version posted on its website. LightStream will use reasonable efforts to make customers aware of any changes to this AUP, which may include sending e-mail announcements or posting additional information on the LightStream website. Revised versions of this AUP are effective immediately upon posting. Accordingly, customers of the LightStream Broadband Internet Broadband Service should read any LightStream announcements they receive and regularly visit the LightStream web site and review this AUP to ensure that their activities conform to the most recent version. You can send questions regarding this AUP to, and report violations of it at, email@example.com. To report illegal content on the Internet go to www.ftc.gov.
I. Prohibited Uses and Activities
In general, this AUP prohibits uses and activities involving the Broadband Service that are illegal, infringe the rights of others, or interfere with or diminish the use and enjoyment of the Broadband Service by others.
A. Network and Usage Restrictions
No user of the Broadband Service, Customer Equipment, or the LightStream Equipment may, individually or in combination with another:
- restrict, inhibit, or otherwise interfere with the ability of any other person, regardless of intent, purpose or knowledge, to use or enjoy the Broadband Service (except for safety and security functions such as parental controls, for example), including, without limitation, posting or transmitting any information or software which contains a worm, virus, or other harmful feature, or generating levels of traffic sufficient to impede others’ ability to use, send, or retrieve information;
- restrict, inhibit, interfere with, or otherwise disrupt performance of the Broadband Service or cause a performance degradation, regardless of intent, purpose or knowledge, to the Broadband Service or any LightStream (or LightStream supplier) host, server, backbone network, node or service;
- resell the Broadband Service or otherwise make available to anyone outside the Premises the ability to use the Broadband Service (for example, through wi-fi or other methods of networking), in whole or in part, directly or indirectly;
- connect the LightStream Equipment to any computer outside of your Premises;
- interfere with computer networking or telecommunications service to any user, host or network, including, without limitation, denial of service attacks, flooding of a network, overloading a service, improper seizing and abusing operator privileges, and attempts to “crash” a host; and
- access or use the Broadband Service with anything other than a dynamic Internet Protocol (“IP”) address that adheres to the dynamic host configuration protocol (“DHCP”). You may not configure the Broadband Service or any related equipment to access or use a static IP address or use any protocol other than DHCP unless expressly permitted to do so by LightStream.
B. Conduct and Information Restrictions
No user of the Broadband Service, Customer Equipment, or the LightStream Equipment may, individually or in combination with another:
- avoid incurring charges for or otherwise being required to pay for usage of the Broadband Service;
- invade another person’s privacy, stalk, harass, or otherwise violate the rights of other persons;
- undertake or accomplish any unlawful purpose. This includes, but is not limited to, posting, storing, transmitting or disseminating information, data or material which is libelous, obscene, unlawful, threatening or defamatory, or which infringes the intellectual property rights of any person or entity, or which in any way constitutes or encourages conduct that would constitute a criminal offense, or otherwise violate any local, state, federal, or non-U.S. law, order, or regulation;
- post, store, send, transmit, or disseminate any information or material which a reasonable person could deem to be unlawful;
- upload, post, publish, transmit, reproduce, create derivative works of, or distribute in any way information, software or other material obtained through the Broadband Service or otherwise that is protected by copyright or other proprietary right, without obtaining any required permission of the owner;
- collect, or attempt to collect, personal information about third parties without their consent;
- transmit unsolicited bulk or commercial messages commonly known as “spam;”
- send voluminous copies of the same or substantially similar messages, empty messages, or messages which contain no substantive content, or send very large messages or files that disrupts a server, account, blog, newsgroup, chat, or similar service;
- initiate, perpetuate, or in any way participate in any pyramid or other illegal scheme;
- participate in the collection of voluminous amounts of e-mail addresses, screen names, or other identifiers of others (without their prior consent), a practice sometimes known as spidering or harvesting, or participate in the use of software (including “spyware”) designed to facilitate this activity;
- collect responses from unsolicited bulk messages;
- falsify, alter, or remove message headers;
- falsify references to LightStream or its network, by name or other identifier, in messages;
- impersonate any person or entity, engage in sender address falsification, forge anyone else’s digital or manual signature, or perform any other similar fraudulent activity (for example, “phishing”);
- violate the rules, regulations, terms of service, or policies applicable to any network, server, computer database, service, application, system, or Web site that you access or use.
C. Technical Restrictions
No user of the Broadband Service, Customer Equipment, or the LightStream Equipment may, individually or in combination with another:
- use the Internet service or facilities for web-hosting, e-mail hosting, or other unusually high-bandwidth consumption unless you have made special subscription arrangements with LightStream and the usage does not otherwise violate law or regulation;
- access any other person’s computer or computer system, network, software, or data without his or her knowledge and consent; breach the security of another user or system; or 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 hosts,
networks, or accounts without express permission to do so;
- use or distribute tools or devices designed or used for compromising security or whose use is otherwise unauthorized, such as password guessing programs, decoders, password gatherers, keystroke loggers, analyzers, cracking tools, packet sniffers, encryption circumvention devices, or Trojan Horse programs. Unauthorized port scanning is strictly prohibited;
- copy, distribute, or sublicense any proprietary software provided in connection with the Broadband Service by LightStream or any third party, except that you may make one copy of each software program for back-up purposes only;
- distribute programs that make unauthorized changes to software (cracks);
- service, alter, modify, or tamper with the LightStream Equipment or Broadband Service or permit any other person to do the same who is not authorized by LightStream.
II. Customer Conduct and Features of the Broadband Service
A. Customer Obligations
In addition to being responsible for your own compliance with this AUP, you are also responsible for any use or misuse of the Broadband Service that violates this AUP, even if it was committed by a friend, family member, or guest with access to your Broadband Service account. Therefore, you must take steps to ensure that others do not use your account to gain unauthorized access to the Broadband Service by, for example, strictly maintaining the confidentiality of your Broadband Service login and password. In all cases, you are solely responsible for the security of any device you choose to connect to the Broadband Service, including any data stored or shared on that device. It is also your responsibility to secure the Customer Equipment and any other Premises equipment or programs not provided by LightStream that connects to the Broadband Service from external threats such as viruses, spam, bot nets, and other methods of intrusion.
B. LightStream’s Rights
LightStream reserves the right to refuse to transmit or post, and to remove or block, any information or materials, in whole or in part, that it, in its sole discretion, deems to be in violation of this AUP, or otherwise harmful to LightStream’s network or customers using the Broadband Service, regardless of whether this material or its dissemination is lawful so long as it violates this AUP. Neither LightStream nor any of its affiliates, suppliers, or agents have any obligation to monitor transmissions or postings (including, but not limited to, e-mail, file transfer, blog, newsgroup, and instant message transmissions) made on the Broadband Service. However, LightStream and its affiliates, suppliers, and agents have the right to monitor these transmissions and postings from time to time for violations of this AUP and to disclose, block, or remove them in accordance with this AUP, the Subscriber Agreement, or applicable law.
C. Service Restrictions
All of LightStream’s network and system services are provided according to scheduled fees for each type of service. You agree to use such services in accordance with the terms set forth below.
Email and Web-Hosting Services
- Unsolicited Email Prohibited – You may not use LightStream-hosted email addresses for the purpose of sending unsolicited email. You may not use or cause to be used LightStream’s equipment, network connectivity, or other resources to originate, deliver, relay or otherwise transmit unsolicited email messages. You may not engage in any of the foregoing prohibited activities by using the service of any other provider, third-party agent, remailing service or address forwarding service, in such a way that LightStream’s network addresses or LightStream-hosted web or email services are in any way identified as being associated with the sending of unsolicited email.
- Unauthorized use, or forging, of mail header information (e.g. “spoofing”) is prohibited.
- Fraudulent Activity Prohibited – You may not use the LightStream email and web-hosting services to make fraudulent offers to sell or buy products, items, services, or to advance any type of financial scam such as “pyramid schemes”, “Ponzi schemes”, or “chain letters.” You may not use techniques to hide or obscure the source of any e-mail or other communications.
- The Broadband Service may not be used to communicate or distribute e-mail or other forms of communications in violation of Section I of this AUP. As described below in Section III of this AUP, LightStream uses reasonable network management tools and techniques to protect customers from receiving spam and from sending spam (often without their knowledge over an infected computer).
- LightStream is not responsible for deleting or forwarding any e-mail sent to the wrong e-mail address by you or by someone else trying to send e-mail to you. LightStream is also not responsible for forwarding e-mail sent to any account that has been suspended or terminated. This e-mail will be returned to the sender, ignored, deleted, or stored temporarily at LightStream’s sole discretion.
- In the event that LightStream believes in its sole discretion that any subscriber name, account name, or e-mail address (collectively, an “identifier”) on the Broadband Service may be used for, or is being used for, any misleading, fraudulent, or other improper or illegal purpose, LightStream (i) reserves the right to block access to and prevent the use of any of these identifiers and (ii) may at any time require any customer to change his or her identifier. In addition, LightStream may at any time reserve any identifiers on the Broadband Service for LightStream’s own purposes. In the event that a Broadband Service account is terminated for any reason, all e-mail associated with that account (and any secondary accounts) will be permanently deleted as well.
Instant, Video, and Audio Messages
Each user is responsible for the contents of his or her instant, video, and audio messages and the consequences of any of these messages. LightStream assumes no responsibility for the timeliness, mis-delivery, deletion, or failure to store these messages. In the event that a Broadband Service account is terminated for any reason, all instant, video, and audio messages associated with that account (and any secondary accounts) will be permanently deleted as well.
III. Network Management and Limitations on Data Consumption
LightStream manages its network with the goal of delivering a fast, safe and uncompromised broadband Internet experience to all of its customers. But, high-speed bandwidth and network resources are not unlimited. Managing the network is essential for the promotion of best possible Broadband Internet experience by all of LightStream’s customers. The company uses reasonable network management practices that are consistent with industry standards. LightStream tries to use tools and technologies that are minimally intrusive and, in its independent judgment guided by industry experience, among the best in class. Of course, the company’s network management practices will change and evolve along with the uses of the Internet and the challenges and threats on the Internet.
If LightStream didn’t manage its network, its customers would be subject to the negative effects of spam, viruses, security attacks, network congestion, and other risks and degradations of service. By engaging in responsible network management, including enforcement of this AUP, LightStream can deliver the best possible broadband Internet experience to all of its customers.
A. Network Usage and Data Consumption Restrictions
You acknowledge that all of the LightStream Internet services are intended for periodic, active use of email, user newsgroups, transfers via FTP, Internet chat, Internet games, and browsing of the Internet. You must comply with all current bandwidth, data storage, and other limitations on the LightStream Internet services that have been established by LightStream and LightStream suppliers. You agree not to intentionally use the LightStream Internet service on a standby or inactive basis in order to maintain a connection. The excessive use or abuse of LightStream’s network resources by one Customer may have a negative impact on all other Customers. Accordingly, in addition to the Prohibited Uses and Activities provided in Section I, you may not use the LightStream Internet service or take any action, directly or indirectly, that will result in excessive consumption or utilization of the system or network resources, or which may weaken network performance, as determined in LightStream’s sole discretion. Such prohibited actions include, but are not limited to: using the LightStream Internet Services to host a web server site which attracts excessive traffic at your location, continuously uploading or downloading streaming video or audio, use net hosting, continuous FTP uploading or downloading, or acting in a manner that negatively effects other users’ ability to engage in real time exchanges and use of the LightStream Internet Services.
LightStream reserves the right to suspend or terminate Broadband Service accounts where data consumption is not characteristic of a typical user of a similar Broadband Services account as determined by LightStream in its sole discretion.
Common activities that may cause excessive data consumption in violation of this AUP include, but are not limited to, numerous or continuous bulk transfers of files and other high capacity traffic using (i) file transfer protocol (“FTP”), (ii) peer-to-peer applications, and (iii) newsgroups. You must also ensure that your use of the Broadband Service does not restrict, inhibit, interfere with, or degrade any other person’s use of the Broadband Service, nor represent (as determined by LightStream in its sole discretion) an overly large burden on the network. In addition, you must ensure that your use of the Broadband Service does not limit or interfere with LightStream’s ability to deliver and monitor the Broadband Service or any part of its network.
If you use the Broadband Service in violation of the restrictions referenced above, that is a violation of this AUP. In these cases, LightStream may, in its sole discretion, suspend or terminate your Broadband Service account or request that you subscribe to a higher tier of the Broadband Service if you wish to continue to use the Broadband Service at higher data consumption levels. LightStream may also provide versions of the Broadband Service with different speed and data consumption limitations, among other characteristics, subject to applicable Broadband Service plans.
LightStream’s determination of the data consumption for Broadband Service accounts is final.
IV. Violation of this Acceptable Use Policy
LightStream reserves the right to immediately suspend or terminate your Broadband Service account and terminate the Subscriber Agreement if you violate the terms of this AUP or the Subscriber Agreement.
LightStream does not routinely monitor the activity of individual Broadband Service accounts for violations of this AUP, except for determining aggregate data consumption in connection with the data consumption provisions of this AUP. However, in the company’s efforts to promote good citizenship within the Internet community, it will respond appropriately if it becomes aware of inappropriate use of the Broadband Service. LightStream has no obligation to monitor the Broadband Service and/or the network. However, LightStream and its suppliers reserve the right at any time to monitor bandwidth, usage, transmissions, and content in order to, among other things, operate the Broadband Service; identify violations of this AUP; and/or protect the network, the Broadband Service and LightStream users.
LightStream prefers to inform customers of inappropriate activities and give them a reasonable period of time in which to take corrective action. LightStream also prefers to have customers directly resolve any disputes or disagreements they may have with others, whether customers or not, without LightStream’s intervention. However, if the Broadband Service is used in a way that LightStream or its suppliers, in their sole discretion, believe violates this AUP, LightStream or its suppliers may take any responsive actions they deem appropriate under the circumstances with or without notice. These actions include, but are not limited to, temporary or permanent removal of content, cancellation of newsgroup posts, filtering of Internet transmissions, and the immediate suspension or termination of all or any portion of the Broadband Service (including but not limited to newsgroups). Neither LightStream nor its affiliates, suppliers, or agents will have any liability for any of these responsive actions. These actions are not LightStream’s exclusive remedies and LightStream may take any other legal or technical actions it deems appropriate with or without notice.
LightStream reserves the right to investigate suspected violations of this AUP, including the gathering of information from the user or users involved and the complaining party, if any, and examination of material on LightStream’s servers and network. During an investigation, LightStream may suspend the account or accounts involved and/or remove or block material that potentially violates this AUP. You expressly authorize and consent to LightStream and its suppliers cooperating with (i) law enforcement authorities in the investigation of suspected legal violations, and (ii) and system administrators at other Internet service providers or other network or computing facilities in order to enforce this AUP. Upon termination of your Broadband Service account, LightStream is authorized to delete any files, programs, data, e-mail and other messages associated with your account (and any secondary accounts).
The failure of LightStream or its suppliers to enforce this AUP, for whatever reason, shall not be construed as a waiver of any right to do so at any time. You agree that if any portion of this AUP is held invalid or unenforceable, that portion will be construed consistent with applicable law as nearly as possible, and the remaining portions will remain in full force and effect. You agree to indemnify, defend and hold harmless LightStream and its affiliates, suppliers, and agents against all claims and expenses (including reasonable attorney fees) resulting from any violation of this AUP. Your indemnification will survive any termination of the Subscriber Agreement.
V. Redress and Governing Law
a. Governing Law / Resolution of Disputes – Arbitration
Any dispute or claim between you, the Customer, and LightStream arising out of or relating to the service provided in connection with this AUP or the Subscriber Agreement shall be resolved by arbitration (“Arbitration”), unless otherwise specified in Customer’s individual Subscriber Agreement. To the extent that there is a conflict regarding this Arbitration provision, the Customer’s individual Subscriber Agreement supersedes the Terms and Policies of the individual Services.
The arbitrator’s decision shall follow the plain meaning of the relevant documents, and shall be final and binding. The parties agree that no arbitrator has the authority to: (i) award relief in excess of what the Subscriber Agreement provides; or (ii) award punitive or exemplary damages. Judgment on the award rendered by the arbitrators may be entered in any court having jurisdiction thereof. All claims shall be arbitrated individually and Customer will not bring, or join any class action of any kind in court or in arbitration or seek to consolidate or bring previously consolidated claims in Arbitration. CUSTOMER ACKNOWLEDGES THAT THIS ARBITRATION PROVISION CONSTITUTES A WAIVER OF ANY RIGHT TO A JURY TRIAL.
b. Governing Law / Resolution of Disputes – Governing Law
The Agreement and the relationship between you and LightStream shall be governed by the laws of the state of Indiana without regard to its conflict of law provisions. To the extent court action is initiated to enforce an arbitration award or for any other reason consistent with the Arbitration provision herein, you and LightStream agree to submit to the personal and exclusive jurisdiction of the courts located within the state of Indiana and waive any objection as to venue or inconvenient forum. The failure of LightStream to exercise or enforce any right or provision of this AUP or the Subscriber Agreement shall not constitute a waiver of such right or provision. If any provision of this AUP or the Subscriber Agreement is found by a court of competent jurisdiction to be invalid, the parties nevertheless agree that the court should endeavor to give effect to the parties’ intentions as reflected in the provision, and the other provisions of this AUP or the Subscriber Agreement remain in full force and effect. You agree that regardless of any statute or law to the contrary, any claim or cause of action arising out of or related to use of the service, this AUP or the Subscriber Agreement must be filed within one (1) year after such claim or cause of action arose or be forever barred.
VI. Copyright and Digital Millennium Copyright Act Requirements
LightStream is committed to complying with U.S. copyright and related laws, and requires all customers and users of the Service to comply with these laws. Accordingly, you may not store any material or content on, or disseminate any material or content over, the Service (or any part of the Service) in any manner that constitutes an infringement of third party intellectual property rights, including rights granted by U.S. copyright law. Owners of copyrighted works who believe that their rights under U.S. copyright law have been infringed may take advantage of certain provisions of the Digital Millennium Copyright Act of 1998 (the “DMCA”) to report alleged infringements. It is LightStream’s policy in accordance with the DMCA and other applicable laws to reserve the right to terminate the Service provided to any customer or user who is either found to infringe third party copyright or other intellectual property rights, including repeat infringers, or who LightStream believes in its sole discretion is infringing these rights. LightStream may terminate the Service at any time with or without notice for any affected customer or user.
Copyright owners may report alleged infringements of their works that are stored on the Service or the Personal Web Features by sending LightStream’s authorized agent a notification of claimed infringement that satisfies the requirements of the DMCA. Upon LightStream’s receipt of a satisfactory notice of claimed infringement for these works, LightStream will respond expeditiously to either directly or indirectly (i) remove the allegedly infringing work(s) stored on the Service or the Personal Web Features or (ii) disable access to the work(s). LightStream will also notify the affected customer or user of the Service of the removal or disabling of access to the work(s). If the affected customer or user believes in good faith that the allegedly infringing works have been removed or blocked by mistake or misidentification, then that person may send a counter notification to LightStream. Upon LightStream’s receipt of a counter notification that satisfies the requirements of DMCA, LightStream will provide a copy of the counter notification to the person who sent the original notification of claimed infringement and will follow the DMCA’s procedures with respect to a received counter notification. In all events, you expressly agree that LightStream will not be a party to any disputes or lawsuits regarding alleged copyright infringement.
Designation of Agent to Receive Notification of Claimed Infringement
FULL LEGAL NAME OF SERVICE PROVIDER: Pulaski White Communications
ALTERNATIVE NAME(S) OF SERVICE PROVIDER: PWC, LightStream™
ADDRESS OF SERVICE PROVIDER: 306 S. State Rd. 39, Buffalo, IN 47925
AGENT NAME AND TITLE, DESIGNEE TO RECEIVE NOTIFICATION OF CLAIMED INFRINGEMENT: Brent Gillum, Director of Operations
FULL ADDRESS OF DESIGNATED AGENT TO WHICH NOTIFICATION SHOULD BE SENT: 306 S. State Rd. 39, P.O. Box 408, Buffalo, IN 47925
TELEPHONE NUMBER OF DESIGNATED AGENT: 574.278.7121
FACSIMILE NUMBER OF DESIGNATED AGENT: 574.278.8448
E-MAIL ADDRESS OF DESIGNATED AGENT: firstname.lastname@example.org
PRINTED NAME AND TITLE: Brent Gillum, Director of Operations
HIGH SPEED INTERNET SERVICE AGREEMENT
THIS AGREEMENT is entered into between Pulaski White Communications, dba LightStream™ (“LightStream” or “Company”), and the person or entity who makes use of Company’s Internet services and / or products (“Customer”) and is subject to acceptance by Company (“Service Agreement”). Customer’s acceptance is limited to the provisions of the Service Agreement, including the Terms and Conditions of this offer. No additions or subtractions by Customer are acceptable unless and until expressly and mutually agreed upon in writing.
All LightStream customers enter into a service agreement by virtue of using our products and services. LightStream reserves the right to make changes to its service plans and pricing. If you have any questions about this agreement, please refer to the contact information in Section IV(17) of the Service Agreement.
I. HIGH SPEED INTERNET PACKAGES & FEATURES
Speed Monthly Rate
25/10 Mbps $49.95
50/15 Mbps $59.95
100/25 Mbps $79.95
150/25 Mbps $99.95
Speed Monthly Rate
25/10 Mbps $59.95
50/15 Mbps $89.95
100/25 Mbps $129.95
150/25 Mbps $149.95
50/50 Mbps $199.95
100/100 Mbps $399.95
Winamac, Star City & Kewanna (Bruce Lake)
Speed Monthly Rate
10/5 Mbps $59.95
25/10 Mbps $69.95
50/15 Mbps $79.95
**Custom Business Internet Packages available by calling the office at 574.278.7121.
High Speed Internet Features include:
Up to 3 complimentary email addresses; each additional email address $2.00/mo.
5MB of webspace per account
24/7 Technical Support – 574.278.7121
a) HIGH SPEED INTERNET WAIVER
I acknowledge that Internet access may be vulnerable to system sabotage, including but not limited to hackers, impersonators, viruses, and denial-of-service attacks. I also acknowledge and agree that LightStream does not take responsibility for any damage to my network or other operations resulting from any vulnerability caused by my failure to purchase network security. I agree that the Internet is not a secure network and that third parties may be able to intercept, access, use or corrupt the information I transmit over the Internet. LightStream is not responsible for invalid destinations, transmission errors, or corruption, interception or security of my data.
b) NEW SERVICE INSTALLATIONS
The connection fee for New Installations is an aid-to-construction charge to recover costs incurred in providing fiber optic services. Generally, the monthly recurring service charge includes the terminal equipment and the installation of fiber loops with a drop no more than 500 ft. from the backbone into the customer location. For each project requiring facilities beyond that range, an estimate will be generated for the Customer. Company will accept payment of the full amount either in the form of a one-time, nonrecurring charge or as a monthly recurring charge in addition to the service charge.
c) BANDWIDTH RESTRICTION ON HIGH SPEED INTERNET USE
I acknowledge that I will be in breach of this Agreement if I use the LightStream High Speed Internet service account for high volume data transfers including in particular but without limitation sustained high volume data transfers or use the LightStream High Speed Internet service account to host a server.
I acknowledge and agree that what constitutes “high volume” for purposes of this agreement is within the sole reasonable discretion of LightStream; provided that in no event shall my bandwidth usage exceed two times the average use of a LightStream High Speed Internet service customer for data transfers per month.
I acknowledge and agree that if I exceed my traffic allowance, I will be charged a traffic overage charge depending on the resources utilized, and I may be given the option to either (a) reduce the resources used to an acceptable level, or (b) upgrade my Service to a higher priced plan.
d) NOTE TO CUSTOMER:
LightStream’s installation is to the demarcation point. Installation does not include pre-existing inside wiring. Customer will incur labor charges and/or service order charges if LightStream performs on-premise or central office work to restore High Speed Internet service due to change of physical location or if service is disconnected for non-payment. Additional services may be available from LightStream personnel in regard to Customer owned computer and networking equipment, however, all services provided in these areas will be subject to an additional customer charge. For a detailed description and price list of services available, contact a LightStream representative or view the LightStream website at www.pulaskiwhite.com.
e) EQUIPMENT LIMITED WARRANTY
If any equipment supplied by LightStream pursuant to this agreement is found to be defective in material or workmanship during the contract term commitment, then any such equipment will be repaired or replaced at LightStream’s option with comparable new or refurbished replacement equipment. Labor and material required to repair or replace such defective equipment will be free of charge during the term of the commitment.
This limited warranty does not apply to: a) damage resulting from accidents, acts of God, alteration, misuse, tampering or abuse; b) failure of the Customer to properly follow operation instructions provided at the time of installation or at a later date; and c) trouble due to interruption of commercial power.
The foregoing limited warranty is in lieu of all other warranties, express or implied, including but not limited to, any implied warranties of merchantability or fitness for a particular purpose. No agent, employee or representative of LightStream nor any other person is authorized to modify this warranty in any respect. This warranty gives you specific legal rights and you may also have other rights, which vary from state to state.
f) DATA MANAGEMENT AND SECURITY
LightStream STRONGLY RECOMMENDS USE OF COMMERCIAL ANTI-VIRUS AND FIREWALL SOFTWARE. You are responsible for the management and security of your data, including without limitation backing up and restoring your data, managing file and print sharing, implementing procedures for accuracy of data and its transmission and implementing security such as anti-virus and firewalIs. LightStream is not responsible or liable for the management or security of your data, including without limitation loss of your data or back-up or restoration of your data, regardless of whether your data is maintained on LightStream servers or your computer or server.
II. TECHNICAL SUPPORT
I, the Customer, grant permission to LightStream to enter upon my premises if necessary to perform the services to the equipment as agreed herein.
All LightStream technical support will be provided only for the computer on which the Modem or Router (if applicable) is installed and if multiple computers have been deployed by Customer, Customer may have to return network to a single computer status before technical support will be provided. At this time, LightStream does not guarantee to provide free technical support for any Modems or Routers not provided by LightStream. LightStream is not responsible for any hardware or software conflicts that may arise due to Customer use of incompatible Modems, Routers or equipment installed beyond the Modem or Router.
IV. GENERAL TERMS AND CONDITIONS
1. General. These Terms and Conditions, as well as LightStream’s Acceptable Use Policy and other service policies to the extent that they govern use of LightStream’s Internet service are incorporated herein, and are a part of, the Service Agreement entered into between LightStream (“Company”) and the person or entity who makes use of Company’s Internet services and / or products (“Customer”) and is subject to acceptance by Company. Customer’s acceptance is limited to the terms and conditions of this offer. No additions or subtractions by Customer are acceptable unless and until expressly and mutually agreed upon in writing.
2. Provision Of Service. Company shall provide and Customer shall accept Internet Service (all Internet related services provided by Company offered herein and hereinafter defined as “Service” or “Internet Service”) at the applicable rates and charges, subject to the terms and conditions specified in this agreement. Company shall provide Customer with an Internet access account ID(s) and phone number(s) by which Customer may use Company’s Internet system. Customer shall not have any proprietary right to the access account ID(s) and phone numbers(s) provided to it by Company. Except as otherwise agreed by Company in writing, Company reserves the right to revise, in its sole discretion, the rates, terms, and conditions of its agreement with Customer upon at least 30 days’ written notice to Customer, such notice to be given at least 30 days’ prior to the end of the then-current contract term. Customer agrees to pay for Service pursuant to such revised rates, terms, and conditions, unless Customer terminates this agreement in accordance with the terms and conditions of this agreement. Company reserves the right to assign, designate or change access account ID(s) and access phone number(s) when, in its sole discretion, such assignment designation or change is reasonable or necessary in the conduct of its business. Service is subject to transmission limitations caused by atmospheric, topographical and any other like conditions. Additionally, Service may be temporarily refused, limited, interrupted or curtailed due to government, regulations or orders, system capacity limitations, limitations imposed by an underlying communications carrier, or because equipment modifications, upgrades, repairs or reallocations or other similar activities necessary or proper for the operation or improvement of Company’s Internet system.
3. Changes to Service or this Agreement. LightStream is not obligated to give you notice of changes to this Agreement before it becomes effective. You should review the Agreement at the time it becomes effective for you. Subject to any applicable rules or laws, LightStream may:
(a) at any time, effective upon posting to www.pulaskiwhite.com or any written notice to you, including e-mail: (i) stop offering the Service and/or leased Equipment, (ii) modify the Service and/or any of the provisions of this Service Agreement, and/or (iii) monthly reduce recurring charges (MRC) or nonrecurring charges (NRC). Please check such Web site and your e-mail regularly for changes;
(b) upon 20 days’ notice to you: (I) increase MRCs or NRCs; (ii) change this Service Agreement or the Service in a way that directly results in a material and adverse economic impact to you. LightStream may reduce the foregoing notice period where commercially reasonable and/or if such increase is based upon Legislative or Regulatory Action.
Your continued use of the Service and/or Equipment constitutes acceptance of those changes. You must immediately stop using the Service and Equipment and cancel your Service if you do not agree with the changes. Any changes you make or other terms you add to this Service Agreement, or propose in any other documents, written or electronic, are void. .
4. Availability. Service may not be available in all areas or at the rates or speeds generally marketed. The speed(s) available at your location are identified during the ordering process. Service speeds are “up to” and LightStream will provision your line at the maximum speed it qualifies for within the speed range of the Service you selected. Your location may subsequently be eligible for additional speed options; provided that you will be charged a speed change charge for any speed change. Additionally, some ISPs may not be supported for all speeds in all areas and, if you change speed you may no longer be able to utilize the ISP you originally selected. Availability of service depends on availability and limits of LightStream wire centers and facilities. Service will not be provided using unsuitable facilities or if provision of Service creates interference with other services. Service is offered only to location(s) qualified by LightStream line qualification procedures. Some lines may not qualify for the Service even if initial tests qualified such lines. Speed and availability of Service are not guaranteed and may be limited by a variety of factors including but not limited to the physical condition of your line and wiring at your location, your service location, phone line qualifications, computer performance/configuration and network/Internet congestion. Service is provided on a per-line basis, and the actual throughput and connection speed of your Service depends on a number of factors such as Internet traffic and congestion or bandwidth, distance of your home from a LightStream central office, viruses or spyware, server speed of the web sites you connect to, traffic congestion on your home network or corporate LAN, and Windows PC settings in addition to the factors listed above. Uninterrupted or error-free Service is not guaranteed and LightStream may limit speeds.
5. Use of Service and Equipment. Service and equipment are furnished for use by Customer for any lawful purpose. Customer warrants Customer is at least 18 years old.
6. Customer Service Requests in Writing. Applications, including activation, a change or discontinuance of Service, will be accepted only from Customer in writing via facsimile transmission, or via US mail.
7. LIMITATION OF COMPANY’S LIABILITY.
(a) Customer understands that alternative and competing internet communications carriers are available to Customer; occasional interruption or irregularities in the service may occur; any potential harm from interruptions or irregularities in the service is speculative in nature; Company cannot offer the service at rates which reflect its value to each customer; and Company assumes no responsibility other than that contained in this agreement. Accordingly, Customer agrees that except as limited by law, Company’s sole liability for loss or damage arising out of mistakes, omissions, interruptions, delays, errors, or defects in the service or transmission of service provided by Company or any underlying communications carrier, or for losses or damages arising out of the failure of Company or any underlying communications carrier to maintain proper standards of maintenance and operation shall be as follows:
(i) A credit allowance as credit allowance is described in subsection 7(a)(iii) below will be made at Customer’s request in the form of a pro-rata adjustment of the fixed monthly charges billed to Customer. Fixed monthly charges are the monthly charges for access and optional features per access account ID, all as described in the schedule of rates and charges in effect at the time of interruption.
(ii) Such credit allowance will be based upon the period of the time which such mistakes, omissions, delays, errors or defects in the service or its transmission caused interruptions in the rendering of the service. Any such period of time an interruption occurs will be measured in 24 hours periods from the time it is reported to Company.
(iii) The credit allowance will be computed by dividing the length of the service interruption by a standard 30 day month and then multiplying the result by Company’s fixed monthly charges for each interrupted access account ID. In no case will the credit exceed the fixed monthly charges.
(iv) A credit allowance will not be given for mistakes, omissions, interruptions, delays, errors or defects or curtailments in the service caused by the negligence or willful act of Customer or other parties or mistakes, omissions, interruptions, delays, errors, or defects caused by failure of equipment or service not provided by Company.
(v) The service furnished by Company, in addition to the limitations set forth preceding, is also subject to the following limitation: the liability of Company for loss or damages arising out of mistakes, omissions, interruptions, delays, errors or defects in the service, its transmission or failures or defects in facilities of the underlying communications carrier, occurring in the course of furnishing service and not caused by the negligence of the authorized user, or the underlying communications carrier in failing to maintain proper standards of maintenance and operation and to exercise reasonable supervision, shall in no event exceed an amount equivalent to the proportionate fixed monthly charge to the authorized user for service during the period of time in which such mistakes, omissions, interruptions, delays errors or defects in service its transmission or failures or defects in facilities furnished by Company or the underlying communications carrier occurred.
(vi) Company shall in no event be liable for service or equipment interruptions or delays in transmission, errors or defects in service or equipment, when caused by acts of God, fire, war, riots, government authorities, default of supplier, or other causes beyond Company’s or any underlying communications carrier’s control.
(vii) Customer acknowledges that Internet systems use public access facilities to transmit voice and data communications and that the service may not be completely private. Company is not liable to Customer for any claims, loss, damages or cost which may result from lack of privacy on the system.
(viii) Customer acknowledges that Internet systems may carry material which may be considered abusive, profane or sexually offensive and that Company is not liable to Customer for any claims, loss, damages or cost which may result from such material.
(ix) Customer hereby agrees to indemnify and save Company harmless against claims for libel, slander, or infringement or copyright from the material in any form over its facilities by Customer or those using Customer’s equipment; against claims for infringement of patents arising from combining or using apparatus or systems of Customer with the facilities of Company or any communications carrier; and against all other claims arising out of any act or omission of Customer in connection with the facilities or service provided by Company.
8. DISCLAIMER OF WARRANTIES AND LIMITATION OF REMEDIES.
(a) Customer acknowledges and agrees that Company is not the manufacturer of equipment and Internet package software, and Company hereby disclaims all representations and warranties, direct or indirect, express or implied, written or oral, in connection with the equipment or service or Internet package software (whether purchased or leased by Customer from Company or another), including but not limited to any and all express and implied warranties of suitability, durability, merchantability, and fitness for particular purpose. Company to the extent permitted by law assigns to Customer any and all manufacturers’ warranties relating to equipment or Internet package software purchased by Customer, and Customer acknowledges receipt of any and all such manufacturers’ warranties.
(b) Customer acknowledges and agrees that its sole and exclusive remedy in connection with any defects in the equipment or software, including manufacture or design shall be against the manufacturer of the equipment or software under the manufacturer’s warranties and that Company shall have no liability to Customer in any event for any loss, damage, injury, or expense of any kind or nature related directly or indirectly to any equipment or software or service provided hereunder. Without limiting the above, Company shall have no liability or obligation to Customer, in either contract or tort, for special, incidental or consequential damages or economic losses of any kind incurred by Customer directly or indirectly resulting from or related to any equipment or service or software described hereunder, whether or not caused by Company’s negligence, to the full extent same may be disclaimed by law. Any references to equipment or software in this paragraph shall be deemed to apply to all equipment or software purchased by Customer or leased by Customer from Company or another lessor. Some states do not allow the exclusion or limitation of incidental or consequential damages so the above exclusion may not apply. You may also have other legal rights which vary from state to state.
9. INDEMNIFICATION AND RELEASE.
Customer agrees to release, defend, indemnify and hold harmless Company, its officers and employees, to the full extent permitted by law from and against any and all claims, damages, liabilities and expenses, including legal and attorney fees, of any nature arising directly or indirectly out of this agreement, including, without limitation, claims for personal injury or wrongful death to Customer or users of the equipment, products or services provided by Company or sued in conjunction with such equipment, products or services provided by Company and arising out of the manufacture, purchase, operation, condition, maintenance, installation, return or use of the equipment or service, or arising by operation of law, whether the claim is based in whole or in part on negligent acts or omissions of Company, its agents or employees.
10. Operating Rules.
Customer agrees not to publish on or over the Internet content which violates or infringes upon the rights of any other. If Company is challenged by any third party regarding the suitability of Customer’s content, Company may at Company’s sole discretion delete Customer’s content from the Internet service. Customer agrees not to send unsolicited electronic mail to Company’s subscribers without Company’s explicit written permission for each instance of communication.
11. Rates, Charges and Payment.
(a) Rates and Charges. All Service and Equipment is provided to you at the MRCs and NRCs quoted to you during the ordering process and as set forth on www.pulaskiwhite.com at the time(s) you order Service and/or Equipment. You are responsible for any charges associated with the Service and Equipment, including without limitation Equipment purchase and/or lease charges, monthly Service charges, and charges related to installation or activation, maintenance, delivery, shipping and handling, changes to Service, and Taxes. In the event LightStream offers the ability to pay any of the charges in installment payments over time (“Installment Option”), the aggregate payments under the Installment Option may be greater than the charge(s) paid by customers who pay the total charge(s) in one payment. You will not be eligible for any discounts or promotional offers other than those you qualify for at the time you order qualifying Service and/or Equipment, unless the discount or promotional offer specifically states that existing customers are eligible and in that instance you will receive the discount or promotional offer strictly in accordance with its terms. Customers who move Service or disconnect and reconnect Service may not be eligible for promotional pricing available to new customers. You may only take advantage of one special pricing promotion per Service per account during any twelve-month period.
(i) Billing. Charges are billed monthly with MRCs and NRCs billed in advance and usage and governmental charges billed in arrears. You will pay all billed charges by the due date set forth in your billing statement, as well as any Late Charge. You will be charged for each additional copy of your bill. You will provide all information necessary for LightStream to provide and bill for the Service and Equipment. You affirm that the information you supply to us is correct and complete and will promptly notify LightStream whenever your personal or billing information changes. If you elect to pay by credit card, you are responsible for directly updating or notifying LightStream of any changes to your credit card (including, but not limited to card number, expiration date, billing address, or card status). You understand that false or incorrect information may result in Service provisioning or delivery delays or the suspension or termination of your Service.
(ii) Payments. Unless otherwise agreed by Company, payment is due to Company upon receipt of the invoice. After the 17th day of the month, the account will be considered delinquent. If payment is not received by the 17th a late charge of 10% of the first $3.00 and 3% of the remaining unpaid balance may be incurred. If payment is not received by the last business day of the month, service will be suspended.
(iii) Disputes. The billed rate will continue unless you call us promptly and inform us that the billed monthly rate is not the one quoted to you. You must give LightStream notice of any dispute on your bill. You will be charged a late charge on any amounts withheld that are undisputed or ultimately determined to have been correctly charged. You will pay all LightStream expenses incurred to recover such withheld amounts including attorneys’ fees.
(iv) Deposit. LightStream may reasonably modify the payment terms or require other assurance of payment, including a deposit based on Customers payment history, lack of established credit, or a material and adverse change in Customers financial condition. Refunded deposit amounts will be credited to your account and any credit balance will be refunded. If you make a cash deposit, you will receive interest at the rate required in the state you receive Service, equipment or Software from date LightStream received deposit until date LightStream refunded the deposit.
(v) Method of Payment. LightStream accepts cash, checks, money orders, credit and debits cards. For credit and debit card payments, LightStream accepts Visa, MasterCard, Discover or American Express. Additionally, LightStream offers online bill pay, automatic credit card and automatic bank draft payment options. You can sign up for automatic payments by completing and returning the autopay authorization form. By signing up for autopay, you authorize LightStream to automatically process your payment for charges that apply to your account. LightStream will automatically process your payment on the 10th of each month for the balance due on your account. If you are enrolled in autopay and LightStream is unable to process your payment for any reason, you may be subject to late fees if payment is not received by the 17th. Additionally, you may be subject to Service suspension or account termination at LightStream’s discretion. Visit www.lightstreamin.com to sign up for online or autopay services.
12. Default and Waiver.
(a) In the event that Customer shall default in the payment when due of any sum due hereunder, or in the event of any default or breach of the terms and/or conditions of this agreement, or if any proceeding in bankruptcy, receivership or insolvency or petition for receivership shall be instituted by or against Customer, Company, at its option, may:
(i) Proceed by appropriate court action or actions to enforce performance by Customer of the applicable covenants and terms of this agreement or to recover damages for the breach thereof; and/or
(ii) Terminate this agreement, whereupon all rights and interests of Customer shall terminate and Customer shall remain liable for all Services provided.
(b) Customer shall pay to Company on demand any and all past due amounts which Company may sustain by reason of such default or breach by Customer, together with all other charges as provided by this agreement, reasonable attorney’s fees incurred by Company in connection with such breach or default by Customer and all other costs and expenses incurred by Company in collecting such amounts. All amounts shall be payable by Customer without set off or deduction of any kind.
(c) The remedies provided in favor of Company in the event of default shall not be deemed to be exclusive but shall be in addition to all other remedies in its favor existing at law.
(d) No failure on the part of Company to exercise any right or remedy arising directly or indirectly under this agreement shall operate as a waiver of any right or remedy it may have nor shall an exercise of any right or remedy by Company preclude any other right or remedy Company may have.
(e) Company reserves the right to terminate service for any reason, including, but not limited to violation of state or federal laws, abusive or offensive behavior, bulk mailing (spamming) or violations of other provisions provided herein.
Neither this agreement nor Customer’s rights hereunder shall be assignable by Customer except with Company’s prior written consent. The conditions hereof shall bind any permitted successors and assigns of Customer.
14. Entire Agreement and Governing Law.
Customer acknowledges that this agreement contains the entire agreement between the parties relating to the services and/or equipment described in this agreement and that Company and its employees have not made orally or in writing any representations, warranties or agreements inconsistent with the terms of this agreement. No modification, change or alteration of any of the terms of this agreement shall be valid unless in writing and signed by Company and Customer except as otherwise proved herein. This agreement supersedes all prior agreements and understandings, both oral and written, with respect to the subject matter hereof. Customer agrees to notify Company within 30 days of any change of Customer’s address. This agreement shall be governed by, construed and enforced in accordance with the laws of the state of Indiana.
15. SEVERABLE PROVISIONS.
If any part of this agreement is contrary to or prohibited by or deemed invalid under applicable laws and regulations of any applicable jurisdiction, the remaining provisions and parts thereof shall remain and be construed in full force and effect to the extent permitted by law.
16. Company Contact.
Pulaski White Communications, dba LightStream™ (“LightStream” or “Company”), provides this Policy in order to disclose its network management practices in accordance with the FCC’s Open Internet Rules. Information about LightStream’s other policies and practices concerning broadband are available at www.lightstreamin.com (“LightStreamWebsite”).
LightStream manages its network to ensure that all of its customers experience a safe and secure broadband Internet environment that is fast, reliable and affordable. LightStream wants its customers to indulge in all that the Internet has to offer, whether it is social networking, streaming videos and music, to communicating through email and videoconferencing.
LightStream manages its network for a number of reasons, including optimization, as well as congestion- and security-protocol-management. LightStream’s customers generally will not be impacted by the protocols and practices that LightStreamuses to manage its network.
LIGHTSTREAM’S NETWORK MANAGEMENT PRACTICES
LightStream uses various tools and industry standard techniques to manage its network and deliver fast, secure and reliable Internet service. Such management tools and practices include the following:
LightStream’s employees periodically monitor the connections on its network in the aggregate to determine the rate of utilization. LightStream monitors all ports on its routers, as well as the total throughput speed. If congestion emerges on the network, LightStream will take the appropriate measures to relieve congestion such as bandwidth restrictions to speeds purchased by customers. LightStream is in the process of expanding its network tenfold over the next 10 years by increasing network bandwidth capacity, building out Fiber-To-The-Home (FTTH), and through the implementation of redundant nodes.
On LightStream’s network, all customers have access to all legal services, applications and content online and, in the event of congestion, most Internet activities will be unaffected. Some customers, however, may experience longer download or upload times, or slower surf speeds on the web if instances of congestion do occur on LightStream’s network.
Customers using conduct that abuses or threatens the LightStream network or which violates the company’s Acceptable Use Policy, Internet service Terms and Conditions, or the Internet Service Agreement will be asked to stop any such use immediately and may have some network access disabled. A failure to respond or to cease any such conduct could result in service suspension or termination.
LightStream’s network and congestion management practices are generally ‘application-agnostic’, based on current network conditions, and are not implemented on the basis of customers’ online activities, protocols or applications. LightStream’s network management practices do not relate to any particular customer’s aggregate monthly data usage.
LightStream knows the importance of securing its network and customers from network threats and annoyances. The company promotes the security of its network and patrons by providing resources to its customers for identifying and reporting such threats as spam, viruses, firewall issues, and phishing schemes. LightStream offers NAT routers/modems to customers. Customers must authenticate user accounts through the username and password for each account. LightStream also deploys spam filters in order to divert spam from an online customer’s email inbox into a quarantine file while allowing the customer to control which emails are identified as spam. Customers may access the spam files through the email. Spam files are automatically deleted if not accessed within thirty-one (31) days.
As its normal practice, LightStream does not block any protocols, content or traffic for purposes of network management except that the company may block or limit such traffic as spam, viruses, malware, or denial of service attacks to protect network integrity and the security of our customers. LightStream also offers customer-controlled, web-based content filtering.
Device Attachment Rules/Application Specific Behaviors
Except as provided herein, LightStream does not currently engage in any application-specific behaviors nor does it employ device attachment rules for its network. Customers may use any lawful applications or devices with LightStream.
LightStream checks its usage logs on a weekly basis to determine utilization on its network and tracks broadband quality monitor graphs 24 hours a day, 7 days a week 365 days a year. LightStream also checks for abnormal traffic flows, network security breaches, malware, loss, and damage to the network on a regular basis. If a breach is detected or high volume users are brought to light by complaint, LightStream provides notification to the customer via email or phone. If a violation of LightStream’s policies has occurred and such violation is not remedied, LightStream will seek to suspend or terminate that customer’s service.
Network Management Technology
LightStream employs a variety of industry-standard tools, applications and devices to monitor, secure and maintain its network, including the following:
- network graphing solutions;
- software to monitor SNMP network devices;
- port monitors;
- electronic alert notifications;
- diagnostic protocols;
- spam and virus protection on inbound & outbound email
LightStream offers broadband service over Fiber Optic Internet technologies. Pricing and service information for LightStream’s services can be found at www.lightstreamin.com.
LightStream makes every effort to support advertised speeds and will dispatch repair technicians to customer sites to perform speed tests as needed to troubleshoot and resolve speed and application performance caused by LightStream’s network. LightStream measures availability, latency, and aggregate utilization on the network and strives to meet internal service level targets. However, customer’s service performance may also be affected by one or more of the following: (1) the particular websites being accessed; (2) capacity in the public Internet beyond LightStream’s network; (3) customer’s computer and equipment (including wireless router); and (4) inside wiring at customer’s premise.
LightStream measures traffic every 5 minute and all services are best effort.
LightStream tests each service when installed to demonstrate that the service is capable of supporting the advertised speed. LightStream is in the process of developing additional systems that will allow us to measure bandwidth speeds out to test points at each major network aggregation site on the edge of our last mile network. Once these systems are developed, LightStream will be able to measure system metrics on a network-wide basis and will disclose the results on its website.
LightStream will soon provide Voice-over-the-Internet-Protocol (VoIP) services to customers. VoIP traffic will use dedicated paths for VoIP and QoS on the routers/switches it touches. The QoS priority is based on the source and destination IP. Where VoIP traffic is combined with best effort Internet traffic and QoS priority is employed, the network could endure marginal delays if there are instances of bandwidth contention, although very unlikely.
In addition to this Network Management Policy, patrons may also find information regarding the following on the LightStream Website:
- Acceptable Use Policy
- Internet Service Agreement
- Broadband Service Offerings and Rates
For questions, complaints or requests for additional information, please contact LightStream by phone at 574.278.7121.
Pulaski White Rural Telephone Cooperative and Pulaski White Communications, collectively doing business as LightStream™ (“LightStream”), is committed to respecting and protecting the privacy of our customers. As discussed below, we have strict policies governing access by employees and others to customer communications and information. We access customer accounts, records or reports for authorized business purposes only. We educate our employees about their obligation to safeguard customer information and communications, and we hold them accountable for their actions. In short, privacy is a priority for LightStream in all aspects of our business.
GENERAL PRIVACY PRINCIPLES
The following principles express LightStream’s commitment to assuring strong and meaningful customer privacy protection, and are intended to guide LightStream’s efforts to balance customer privacy with customer interest in receiving quality services. These principles apply to our use of “individual” customer information – that is, information about specific customers. “Individual” customer information includes “personal information” – information particular to you, including your address, phone number, fax number and email address – and “non-personal information” that may include information such as your network traffic data, services and features used or call record details. These policies are fully consistent with applicable laws and regulations governing privacy, including the regulations of the Federal Communications Commission (“FCC”). Individual customer information is distinct from “aggregated” customer information, which does not reveal a customer’s identity. Further, the examples provided below are intended to be illustrative, not all-inclusive.
LightStream Obtains and Uses Individual Customer Information for Business Purposes Only.
LightStream obtains and uses customer information that helps us to provide our customers with quality telecommunications services. In addition to supporting the direct provision of service, this information may be used to protect customers, employees and property against fraud, theft or abuse; to conduct industry or consumer surveys; and to maintain good customer relations. Access to databases containing customer information is limited to employees who need that information to perform their jobs. These employees are required to follow strict rules when handling customer information, and are subject to disciplinary action if they fail to do so.
In order to better serve our customers, we may ask them questions to elicit additional information about their special needs and interests. For example, we may ask whether customers work at home, whether any members of the household have special needs, or whether teenagers reside in the household in order to determine whether customers may be interested in or might benefit from additional lines or services. In all cases, the information we gather is used to facilitate the provision of quality customer service. We do not share this information with third parties to market non-LightStream services to our customers.
LightStream Collects Information from Customers in a Number of Different Ways.
LightStream may collect information from you through communications such as via the web, or by phone, email or mail delivery, or through the services provided to you as the customer.
You may visit our site without divulging any personal information; however, there are areas of this site that might require personal information in order to contact LightStream directly, specifically, when registering e-mails, obtaining remote access, and contacting online technical support.
Information may also be collected in the following ways:
Browsing Our Site
-Our site includes social media features, such as the Facebook Like button and widgets. These features may collect your IP address and the pages you visit, and may set a cookie to make the social feature work correctly. Please call us at 574-278-7121 to opt-out of receiving emailed communications from us or to review other options.
– IP addresses may be collected for the purposes of system administration, to gather broad demographic information, and to monitor the level of activity on our site.
-Information may be collected regarding the referring URL, which browser you used to come to our site, and the pages of our site that you viewed during your visit and any search terms entered on our site.
-E-mails may be sent by the customer to LightStream on this website. LightStream may retain the information in any e-mail that you send to us, such as your name, e-mail, address, or telephone number.
Broadband Internet Service
-LightStream may monitor the network and take measurements of network performance and the performance of your Internet connection to improve the customer’s, or LightStream’s, overall service levels.
-during communications with LightStream for service support, we may also access information about your customer premise equipment such as computers and wireless modem devices or other device settings to provide customized technical support or to install specific applications or services for your use.
-LightStream reserves the right to access broadband traffic from individual accounts for the purposes of general maintenance and management of the network, as well as upon request by law enforcement officials.
Provision of Information by Third Parties
-LightStream may obtain credit information about you from third parties when you purchase products or services from LightStream.
LightStream Informs Customers Regarding How Information Is Used
LightStream Gives Customers Opportunities To Control Access to Information.
LightStream is committed to providing customers with opportunities to control how LightStream uses customer information about them. For example, customers may inform us of which telephone listings they want to include in our directories and in directory assistance and may also choose to have a non-published number, or a non-listed number, or to exclude your address from your listing. Customers in areas where Caller ID services are available have the ability to block the display of their phone numbers and names. (Note that Caller ID blocking does not prevent the transmission of your phone number when you dial certain business numbers, including 911, or 800, 888, 877, and 900 numbers.) Further, customers can express a preference not to be called for marketing purposes (please see Section III, below, for more information on LightStream’s “Do Not Call” policy). Customers may also opt out of our direct mailings and other service marketing programs. (Please see Section II, below, for LightStream’s policy on the use of “Customer Proprietary Network Information”). A customer may indicate a change in such preferences at any time by contacting LightStream customer service.
We do use individual customer information internally for planning purposes – so that we can, for example, develop, test and market new products and services that meet the needs of our customers. Ordinarily, such information is combined into aggregations that do not include individual customer identities. Under certain circumstances, we are required by law to disclose the aggregated information to other companies, but in such cases customer identities are not included.
LightStream Enables Customers To Control How LightStream Discloses Individual Information.
Ordinarily, LightStream will only share individual customer information with persons or entities outside the company to assist us in the provision of services to which the customer subscribes, or as required by law or to protect the safety of customers, employees or property. We do not use third-party marketers, nor do we share access to individual customer information derived from the provision of LightStream telecommunications services with other companies interested in marketing other services to our customers – and we would not do so without the consent of the customer. LightStream is committed to ensuring that customer information is not used without the knowledge and permission of our customers.
However, there are exceptions to our general practice. For example, unless you request otherwise, we may share certain personal or non-personal information with our affiliated companies with whom we have established business relationships. In addition, if LightStream enters into a merger, acquisition, or sale of all or a portion of its assets, a customer’s personally identifiable information will, in most instances, be transferred as a part of the transaction, subject to required notices to affected customers. In addition, we may, where permitted by law, provide information to credit bureaus, or provide information and/or sell receivables to collection agencies, to obtain payment for LightStream billed products and services. We are also required by law to provide billing name and address information to a customer’s long distance carrier and other telephone companies to allow them to bill for telecommunications services. (By law, customers with non-published or unlisted service have the right not to have their billing name and address disclosed when they make a calling card call or accept a collect or third party call. However, if they do restrict disclosure, they will be unable to make calling card calls or accept collect and third party calls.) Similarly, we are required to provide directory publishers with subscriber listing information – name, address and phone number, and for yellow page advertisers, primary advertising classification – for purposes of publishing and delivering directories. In addition, under certain circumstances, we may share customer information with other carriers or with law enforcement, for example, to prevent and investigate fraud or other unlawful use of communications services.
All LightStream Employees Are Responsible For Safeguarding Customer Communications and Information.
We never tamper with, intrude upon or disclose the existence or contents of any communication or transmission, except as required by law or the proper management of our network. Access to databases containing customer information is limited to employees who need it to perform their jobs – and they follow strict guidelines when handling that information. We use safeguards to increase data accuracy and to identify and authenticate the sources of customer information. We use locks and physical security measures, sign-on and password control procedures, and internal auditing techniques to protect against unauthorized use of terminals and entry into our data systems. LightStream requires that records be safeguarded from loss, theft, unauthorized disclosure, and accidental destruction.
In addition, sensitive, confidential, or proprietary records are protected and maintained in a secure environment. It is our policy to destroy records containing sensitive, confidential, or proprietary information in a secure manner. Hard copy confidential, proprietary, or sensitive documents are made unreadable before disposition or recycling, and electronic media must be destroyed using methods that prevent access to information stored in that type of media. Just as employees would report stolen property, missing records and suspicious incidents involving records are referred to LightStream Management. We encourage our employees to be proactive in implementing and enforcing LightStream’s privacy policies. If employees become aware of practices that raise privacy or security concerns, they are required to report them to their supervisors.
LightStream’s regulatory department is responsible for ensuring that all LightStream business units and their employees comply with privacy laws and regulations. LightStream also requires any consultants, suppliers and contractors that may come into contact with customer proprietary information to observe these privacy rules with respect to any of our customers’ individual customer information. They must abide by these principles when conducting work for us, and they will be held accountable for their actions.
LightStream Takes Special Care to Protect the Safety and Privacy of Young People Using Its Services.
LightStream does not knowingly collect information about children. LightStream believes that children should get their parents’ consent before giving out any personal information. LightStream encourages parents and legal guardians to participate in their child’s experience using LightStream’s services. Children should always ask a parent for permission before sending personal information to LightStream.
LightStream Complies With All Applicable Privacy Laws And Regulations Wherever LightStream Does Business.
Customer and policymaker perceptions of privacy have changed over time and will continue to do so. Changes in technology can also alter what is appropriate in protecting privacy. Laws may change accordingly. We regularly examine – and update as necessary –LightStream’s privacy policies and internal procedures to ensure compliance with applicable law and evolving technology. LightStream also will monitor customer needs and expectations. LightStream will work with policymakers and consumers to ensure that we continue to safeguard privacy, giving customers choices, flexibility and control. LightStream considers privacy laws and regulations to be the minimum standards to which we will adhere in protecting privacy. In addition to complying with the law, LightStream will adhere to its internal privacy policies and procedures wherever we do business.
LightStream Gives an Authorized Gov’t Agency Access to Customer Information Only Upon Valid Request
LightStream may release customer information in response to requests from governmental agencies, including law enforcement and national security agencies, in accordance with federal statutory requirements or pursuant to court order. Before releasing any customer information, LightStream will ensure that the underlying governmental request satisfies all procedural and substantive legal requirements and is otherwise proper. For example, LightStream will ensure that any court orders are valid, properly issued, and legally enforceable. Except as required by law or with the approval of the customer, LightStream will not release any customer information in response to subpoenas or similar requests issued by private parties. Further, LightStream will be diligent in authenticating the validity of any “governmental” request to ensure that the request actually originates from an authorized government agency.
LightStream Uses Customer Proprietary Network Information (CPNI) In Accordance with the Law
Customers count on LightStream to respect and protect the privacy of information we obtain in the normal course of providing telecommunications services to our customers. LightStream is committed to protecting the privacy of all customer information, and in particular the privacy of customer proprietary network information (or CPNI).
Definition of “Customer Proprietary Network Information.”
The term “customer proprietary network information” is defined by federal statute to mean: (i) information that relates to the quantity, technical configuration, type, destination, location, and amount of use of a telecommunications service subscribed to by any customer of a telecommunications carrier, and that is made available to the carrier by the customer solely by virtue of the carrier-customer relationship; and (ii) information contained in the bills pertaining to telephone exchange service or telephone toll service received by a customer of a carrier.
Use of Customer Proprietary Network Information.
Under federal law, you have the right to, and we have the duty to protect, the confidentiality of your CPNI. However, we may use CPNI without your consent, in a manner consistent with applicable law, to: (i) initiate, render, bill, and collect for our services; (ii) market services among the categories of service to which you already subscribe; (iii) provide inside wiring installation, maintenance, and repair services; (iv) provide maintenance and technical support for our services; (v) protect our rights and property, and protect users of our services and other carriers from fraudulent, abusive, or unlawful use of, or subscription to, these services; and (vi) provide any inbound telemarketing, referral, or administrative services for the duration of a customer-initiated call.
Further, after providing you with the required notice and opportunity to “opt out,” we may use your CPNI, in a manner consistent with applicable law, to market additional communications-related services to you and conduct surveys in order to improve our service offerings.
LightStream will not use your CPNI for purposes other than those described above unless we first obtain your express “opt in” consent. For example, without such consent we will not use CPNI to market services not provided by LightStream, and will not share your CPNI with third parties (subject to the limitations discussed below).
Limits on the disclosure of CPNI outside LightStream.
As a general rule, LightStream does not use third-party marketers and will not disclose your CPNI to third party contractors without your explicit “opt in” consent. This means that our records of the services you buy and the calls you make generally will remain private if you choose to keep them so, since we will not ordinarily disclose this information to outside parties without your permission. However, we will release customer information without involving you if disclosure is required by law, or necessary to protect the safety of customers, employees or property. For example: When you dial 911, information about your location may be transmitted automatically to a public safety agency.
Certain information about your long distance calls may be transmitted to your long distance company for billing purposes. We are also required by law to give competitive local exchange carriers access to customer databases for purposes of serving their customers, to exchange credit information with other carriers, and to provide listings (other than certain non-published and non-listed information) to directory publishers.
We will disclose information as necessary to comply with law enforcement statutes, such as to comply with valid, properly issued, and legally-enforceable subpoenas, warrants and court orders.
We may, where permitted by law, share CPNI with third parties where necessary to provide the services to which you subscribe, to protect our rights or property, and to protect users of our services and other carriers from fraudulent, abusive or unlawful use of services.
We may, where permitted by law, provide CPNI to third parties such as credit bureaus, or sell receivables to collection agencies, to obtain payment for LightStream billed products and services.
Authentication to prevent unauthorized access to CPNI.
LightStream is committed to ensuring that only properly authorized individuals are able to access CPNI for legitimate purposes. This includes ensuring that any request by a “customer” to access CPNI is valid and properly authenticated, in accordance with applicable law and industry best practices. In general, our internal policies and procedures are designed to ensure that CPNI is not released to unauthorized individuals.
Further, if a “customer” calls us to access “call detail records” (which include the number called, the number from which a call was placed, and the time, location, or duration of any call), we will not release those records unless (i) during the call, the customer provides a pre-established password; (ii) the information is sent to the customer’s address of record; or (iii) after the call, we call the customer’s telephone number of record to provide the requested information. If a “customer” attempts to access CPNI through our website, we will only provide such access if the customer has first established a password and back-up authentication mechanism for the relevant account, in a manner that does not rely on readily-available biographical or account information. If a “customer” attempts to access CPNI by visiting the business office in person, we will only provide such access if the “customer” presents valid photo identification matching the name of record on the account. (Note that different procedures may apply to certain business customers served by a dedicated account representative where the underlying service agreement addresses CPNI protection and authentication.) We also will notify you at your address of record if anyone changes the access authorization or authentication information associated with your account.
Notice of unauthorized access to CPNI.
As a company, we are vigilant in our efforts to protect your CPNI. However, should we become aware that your CPNI has been accessed without proper authority, we will take swift action to fully document and address such unauthorized access and provide appropriate notice. In particular, we will (i) notify law enforcement (including the United States Secret Service and the Federal Bureau of Investigation) within seven business days; and (ii) notify you and any other affected customers within seven business days thereafter, unless earlier notification is necessary to avoid immediate and irreparable harm, or we are instructed by law enforcement personnel to refrain from providing such notice.
LightStream’s “Do Not Call” List
Any LightStream customer can express a preference not to be called by us for marketing purposes, and LightStream will respect such preference. A customer that does not wish to receive sales calls from LightStream specifically may ask to be placed on our company-specific “Do Not Call” list. We will note the customer’s request immediately, although it may take up to 30 days for the customer’s telephone number to be removed from any active lists or sales programs that are currently underway.
Any customer can ask to be put on our “Do Not Call” list by contacting LightStream’s customer service department. All customers should call 574.278.7121. The requesting customer should provide, at a minimum, the telephone number that is the subject of the request, although inclusion of the customer’s name and address is also useful. If a customer is served by multiple telephone numbers, the customer should tell us all numbers that should be placed on the “Do Not Call” list.
Notwithstanding the fact that a customer’s telephone number is on our “Do Not Call” list, we may still contact that customer with respect to surveys, billing, and other service-related matters. Further, the customer should understand that being on our “Do Not Call” list will not prevent calls from other companies unaffiliated with LightStream.
While we have made significant efforts to protect your personal information, we cannot ensure or warrant the security of any information you transmit to us, and you do so at your own risk. Unfortunately, no data transmission over the Internet can be guaranteed to be 100% secure and we will not be held liable should a third party illegally obtain your personal information via Internet transmission.
P.O. Box 408
Buffalo, IN 47925