Policies

This is Nunn Telephone Company’s Acceptable Use Policy (AUP). Nunn Telephone Company is referred to as EzLink Internet by Nunn Telephone Company, us, we or our. Users of our Internet related products are referred to as customer, you or your. This AUP is part of each customer’s contract with us, whether the contract is electronic or paper. By using our products, you agree to be bound by this AUP. Your End Users and their customers are also bound by this AUP.

You expressly understand that the evolving nature of the Internet and on-line commerce makes it necessary for us to reserve the right to make changes to this AUP at any time, and without notice. For this reason as well, this AUP may not represent all possible ways in which you or an End User (as defined in your contract) engage in unacceptable behavior. We reserve the right to determine, in our sole and exclusive judgment, what activities are unacceptable.

This AUP incorporates, either explicitly, or by reference, other policies from entities providing products through us to you. These policies must be “passed through” to you. These policies apply to you through this AUP. You are strongly encouraged to review these policies prior to agreeing to be bound by this AUP. They are listed at Policies and Information.

You violate this AUP when you, or your End Users, engage in activities prohibited by the AUP. It is your responsibility and contractual obligation to ensure that End Users comply with this AUP, and cooperate with us in the enforcement and administration of this AUP.

1. Lawful Purpose – The Services may be used for lawful purposes only. Transmission, storage, or presentation of any information, data or material in violation of any applicable law, regulation, this AUP, or the Agreement, is prohibited. You may not use our products to directly facilitate the violation of any particular law or regulation.

The following list of prohibited uses is a partial list of uses prohibited by this AUP, and does not represent all unlawful uses of our products by you or End Users:

• instructing others in unlawful activities;
• forging, misrepresenting, omitting or deleting message headers, return mailing information, internet protocol addresses to conceal or misidentify the origin of a message;
• creating or sending Internet viruses, worms or Trojan horses, flood or mail bombs, or engaging in denial of service attacks;
• hacking, and/or subverting, or assisting others in subverting, the security or integrity of our products or systems;
• soliciting, or instructing in, the performance of any illegal activity, even if the activity itself is not performed;

You and End Users may not engage in activity that infringes or misappropriates the intellectual property rights of others. This includes but is not limited to, copyrights, trademarks, service marks, trade secrets, software piracy and patents. You and End Users may not use our products to defame, harass, abuse or threaten third parties; and/or acting in any manner that might subject us to unfavorable regulatory action, subject us to any liability for any reason, or adversely affect our public image, reputation or goodwill, as determined by us in our sole and exclusive discretion.

2. SPAM – We have a zero tolerance approach to SPAM. This zero tolerance policy extends both to your using our products to disseminate SPAM, and the use of our products to send SPAM to our customers.

Customers, who send, disseminate or support SPAM will have their accounts suspended. We consider SPAM to be the sending or receipt of 200 or more email messages at one time. However, we reserve the right to determine, in our sole and absolute discretion, what constitutes SPAM. We also prohibit you, or End Users, from relaying email. In addition, should your use of our products cause us to be “black listed,” your account may be suspended.

We filter email for SPAM. We are not responsible for refused, expired or misdirected email as a result of this filtering. It is your sole and exclusive responsibility to properly configure your SPAM filter. Quarantined email will not be available to you indefinitely. It is your obligation to review your SPAM mailbox regularly.

3. Violations of Rights, Other than Copyright – Complaints about such activity by our customers or End Users may be directed to Nunn Telephone Company @ (info@ezlink.com)

4. Child Pornography, Child Erotica and Bestiality – We take a zero-tolerance approach to using our products to disseminate or display images classified under U.S. law as child pornography, child erotica and/or bestiality. The contracts of customers who are themselves, or whose End Users are, using our products to disseminate or display child erotica, regardless of its literary merit, will be terminated.

5. U.S. Export Laws – You may not use the Services to engage in a violation of U.S. export laws. Violation of these laws may include selling products that may be legal to sell in the U.S., but illegal to export. You may not use our products to provide products to End Users with whom U.S. citizens may not do business.

6. IP Addresses – We administer the network on which our products are provided. You cannot use IP addresses which were not assigned to you by us. If it is determined that you are using IP addresses which were not officially assigned by us, you will be suspended from network access until such time as the IP address overlap can be corrected. We own the IP numbers and addresses that may be assigned to you by us. These addresses may not be assigned or transferred, and are recycled by us on termination of your use of the products. We may, in our sole discretion, change these addresses.

7. Suspension and/or Termination of Products, and Credits – Your or an End User’s failure to abide by any of the items set out in this AUP is grounds for suspension or termination of your contract. Any termination or suspension may be undertaken with, or without, notice to you or an End User.

We do not issue credits for outages incurred as a result of our decision to suspend or terminate service for a violation of this AUP. You agree to hold us harmless from any claims that a suspension or termination of products for this reason has damaged an End User.

8. Monitoring Products, Cooperation with Law Enforcement and Legal Documents – We may disclose information, including information that you or End Users may consider confidential, in order to comply with a court order, subpoena, summons, discovery request, warrant, regulation, or governmental request. We assume no obligation to inform you or an End User that information has been so provided, and in some cases may be prohibited by law from giving such notice. We may also disclose such information when it is necessary for us to protect our business, or others, from harm.

9. Security – You are solely responsible for ensuring that your data is secure, that confidential information remains confidential, and that you do not expose your business to risks you are not prepared to assume. We reserve the right to take immediate action to suspend or terminate your account if, in our sole and exclusive discretion, you or an End User is engaging in activities that jeopardize our security, the security of other customers, or of the Internet in general. You may not be provided with advance notice that we are taking such action.

Pursuant to the Federal Communications Commission’s newly enacted Open Internet Rules found in Part 8 of Title 47 of the Code of Federal Regulations, the policies of Golden West Telecommunications (“Provider”) regarding network management practices, performance characteristics, and commercial terms are provided in entirety so that Provider’s current customers, prospective customers, third-party content providers and other interested parties can make informed choices regarding the broadband Internet access services offered by Provider, and the extent Provider’s network management practices may affect those services.

Network Management Practices
In the interest of providing the best online experience possible for all of Provider’s customers, Provider utilizes reasonable network management practices tailored to achieve legitimate network management purposes. Because bandwidth is a limited resource for broadband Internet service providers, it is essential that Provider reasonably manages its network to promote the use and enjoyment of the Internet by all of Provider’s customers. By engaging in reasonable and responsible network management, Provider prevents its customers from being subjected to the negative effects of spam, viruses, security attacks, network congestion, and other risks that threaten to degrade service. The network management practices employed by Provider are consistent with industry standards.

Congestion Management
It is possible that a relatively small number of customers may place a disproportionate demand on the network bandwidth resources, causing network congestion and an overall degradation in service quality for other end users. For this reason, if Provider’s network nears a state of congestion, Provider may use congestion management practices to ensure all of Provider’s customers retain access to a “fair share” of bandwidth resources.

When Provider’s network nears a state of congestion, the congestion management tools, practices and/or software employed by Provider will identify segments of the Provider network which have a predetermined, aggregated level of bandwidth usage. From there, the congestion management tools will ascertain which customer account in the identified network segment is using a disproportionate share of the bandwidth. The Internet traffic of the identified customer account may be temporarily managed until the period of network congestion passes. Customers whose Internet traffic is temporarily managed by Provider will still be able to access online content, and many activities will be unaffected; however, these customers may experience slower downloads and uploads and Internet/website response times.

The congestion management practices utilized by Provider are “protocol-agnostic” meaning that the network does not manage congestion based on the online activities, protocols or applications a customer uses. Rather, Provider’s congestion management practices focus only on the heaviest bandwidth users in real time.

Application-Specific Behavior
Provider does not make use of any application-specific network management practices. Provider does not modify protocol fields in ways not prescribed by the protocol standard. Provider does not inhibit or favor certain applications or classes of applications. Provider does not block or rate-control specific protocols or protocol ports, with the exception of malformed or non-standard protocol traffic as identified by Provider and outbound Simple Mail Transfer Protocol (“SMTP”) as a protection and security control mechanism against unsolicited commercial email (“UCE”).

Device Attachment Rules
Customer-provided DSL, FTTH, and Cable Modem Customer Premise Equipment (“CPE”) are incompatible with Provider’s network due to customization of service activation processes by the Provider. Provider deploys compatible CPE device to customer upon service activation and remains the property of the Provider after service deactivation. In order for a device to be approved for use on the Provider’s network, the device must conform to publicly available industry standards, be non-harmful to Provider’s network, and be connected on the local area network (“LAN” or “private side”) of the above mentioned CPE.

Security
Provider offers its customers unrestricted access to all of the lawful content, services, and applications available on the Internet. Provider uses industry standard tools and generally accepted best practices and policies to protect our customers from spam, phishing, and other unwanted or harmful online content and activities. In the instances where these tools and policies identify online content as harmful or unwanted, the content may be prevented from reaching customers, or customers may be permitted to identify or inspect content to determine if it is harmful or unwanted.

The security measures employed by Provider to prevent the spread of viruses, malware, spam, harmful and unwanted content or other threats to consumers do not prevent end-users from running certain applications.

Performance Characteristics
Provider offers broadband Internet access service via a Digital Subscriber Line (“DSL”), or Fiber to the Home (“FTTH”). DSL is a wireline transmission technology that transmits data faster over traditional copper telephone lines already installed to homes and businesses. FTTH utilizes fiber optic cable to deliver telephone, data and video services to customer locations.

The advertised speed of Provider’s Internet service is the maximum speed achievable with the technology utilized by Provider. While the maximum advertised speed is attainable for end users, several factors may affect the actual speed of Provider’s Internet service offerings, including, but not limited to: the distance of the consumer’s home or office from Provider’s central office (i.e., the further away the customer is from the central office, the slower the broadband speed), the end user’s computer, modem or router, activity during peak usage periods, and other Internet traffic.

Based on internal RFC2544 back-to-back testing measuring throughput and latency, the expected mean upload and download access speeds are typically plus or minus 15% of the advertised access speeds during peak usage periods (i.e., between 7:00 p.m. and 11:00 p.m. on weeknights) with a mean round trip latency of 20ms.

The actual speeds achieved with Provider’s Internet service offering may not make Provider’s Internet service suitable for real-time applications, such as Voice over Internet Protocol (“VoIP”). Some real-time services may require more stringent protocol performance metrics including low latency, low jitter, and high throughput. Customer may choose to query Provider to be better informed about their specific performance requirements before purchasing real-time services.

Provider does not offer any specialized services.

Pricing
In order to meet the usage and budgetary needs of all of our customers, Provider offers a wide selection of broadband Internet access plan options, including promotional offerings and bundled service choices.

To see Provider’s current promotions and pricing on broadband Internet access service, please visit our website www.nunntel.com or call 970-897-2200 to speak with a customer service representative.

For network security purposes, businesses and/or other customers utilizing Provider’s network, but not Provider’s email service with the corresponding security measures, may be required to purchase a Static Internet Protocol (“IP”) address for an additional monthly fee.

Early Termination Fees
If a customer previously entered into a service agreement with Provider for broadband Internet access service for a defined service term, and customer desires to terminate the service agreement prior to the expiration of that term, Provider may charge a reasonable early termination fee if such fee is clearly indicated in the service agreement.

Upon service deactivation, failure to return Provider-owned equipment such as DSL Modem or FTTH ONT devices will result in a fee charged to the customer.

Customers may call 970-897-2200 to speak with a customer service representative about Early Termination Fees in the event of service deactivation with the Provider.

Usage-Based Fees
Provider’s Internet service is priced on a flat-fee basis (plus taxes). Provider does not charge end users a usage-based fee for Internet service at this time.

Provider affords full access to all lawful content, services and applications available on the Internet and does not routinely monitor, inspect or store the network activity and traffic of its Internet service users. However, Provider reserves the right to monitor bandwidth, usage, transmissions and content for purposes of protecting the integrity of the network and Provider’s Internet access service through reasonable network management practices.

For troubleshooting purposes, Provider may collect equipment information to identify the equipment customer is using on the network, including, but not limited to: equipment type, serial number, settings, configuration and software. Provider may also collect performance information to examine the operation of the equipment, services and applications the customer may use on the network, including, but not limited to: IP addresses, URLs, data transmission rates and latencies, location information, security characteristics, and information about the amount of bandwidth and other network resources customer is using in connections with uploading, downloading or streaming data to and from the Internet.

Network traffic, activity, performance information, and equipment information monitored or collected by Provider is done so for the sole purpose of reasonable network management purposes.

Provider is required to comply with relevant laws, regulations and governmental requests, including supplying relevant information to law enforcement agencies which may be collected as part of network management practice outlined above. Provider does not distribute information on network activity and/or traffic to any other third party, or use network traffic information for any non-network management purpose.

The Provider’s network management practices as discussed herein are intended solely to provide the best online experience possible for all of Provider’s customers by safeguarding our network and its users from spam, viruses, phishing, and other unwanted or harmful online content and activities. Provider’s network management practices are not intended, nor implemented, to block consumers from accessing the content and applications of their choice, deprive consumers of their entitlement to competition, or discriminate against or in favor of certain network traffic. End users with questions, concerns or complaints regarding Provider’s network management practices are encouraged to contact Provider for issue resolution.

Contact Us
If you have any questions regarding Provider’s Network Management Practices Policy or would like to file a complaint with Provider regarding its network management practices, please contact Provider at:

Nunn Telephone Company
Attn: Greg Grablander, Manager
PO Box 249, 285 Logan Avenue, Nunn, Colorado 80648

970-897-2200

info@ezlink.com

Further, if you believe that Provider is in violation of the FCC’s Open Internet Rules, you may file either an informal or formal complaint with the FCC. esupport.fcc.gov/complaints.htm

FCC Establishes Portal for ISP Transparency Disclosures
On May 21, the FCC released a Public Notice announcing the establishment of a portal for Internet service provider (ISP) transparency disclosures. The portal will be available for both ISPs submitting their disclosures to the FCC and consumers searching for any disclosures submitted to the FCC on May 29. The Restoring Internet Freedom Order, wherein the FCC adopted ISP transparency reporting requirements, becomes effective on June 11, 2018.

The revised transparency rule – 47 CFR § 8.3 – requires ISPs to publicly disclose information about their service in one of two ways – by providing the disclosure on a publicly available, easily accessible website or by submitting it to the FCC for posting. ISPs choosing to submit their required disclosures to the FCC should do so electronically, in a format that is accessible to people with disabilities, through http://www.fcc.gov/isp­disclosures.

An ISP that does not submit its required disclosure to the FCC through this portal will be deemed as having elected to provide it on a publicly available, easily accessible website of its choosing. An ISP that submits its required disclosure to the FCC and later elects to provide it on a publicly available, easily accessible website of its choosing should inform the FCC of this change by filing via the FCC portal a clear statement of the change, including the website where consumers can find the required disclosure.

Additional Disclaimers
The Open Internet Rules, as adopted, and Provider’s Network Management Practices Policy are not intended to affect, alter or otherwise supersede the legal status of cooperative efforts by broadband Internet access service providers and other service providers that are designed to curtail infringement in response to information provided by rights holders in a manner that is timely, effective, and accommodates the legitimate interests of providers, rights holders, and end users.

Furthermore, the Open Internet Rules, as adopted, and Provider’s Network Management Practices Policy do not prohibit Provider from making reasonable efforts to address the transfer of unlawful content or unlawful transfers of content.

For additional information, please review Provider’s Acceptable Internet Use Policy/Subscriber Agreement at: goldenwest.com/Acceptable-Use-Policy

Ezlink Internet Access agrees to provide and the User agrees to receive access to the Internet service according to the following terms and conditions:

• All provisions of Ezlink’s Service Agreement (“Agreement”) apply to the User’s Principal Account and all Associate Accounts billed to the Principal Account.
• The benefits of or rights conferred by this agreement are non-transferable. Use of Ezlink accounts is expressly limited to the individual or business whose name appears on the account and dependents of the account holder living at the same address. This is to include the User re-selling of the services provided by Ezlink without the express written consent of Ezlink.
• User agrees to use the service in a manner consistent with any and all applicable laws.
• User agrees to follow the Acceptable Use Policy of any network that a user connects to, including Ezlink’s system. Furthermore, the user agrees to hold harmless and indemnify EzLink for violations of any AUP policy by the user.
• If User is less than 18 years of age, this Agreement must be signed by a parent or legal guardian, who is responsible for all charges related to the use of the User’s account(s).
• Use of Ezlink for advertising or promotion of a commercial product or service without the express, written consent of Ezlink is expressly prohibited. This includes and is not limited to the designed personal home pages site, ftp site, email or another service provided by Ezlink.
• The User is responsible for all use of the User’s account(s) and confidentiality of password(s). Ezlink will suspend access or change password(s) for access to the User’s account(s) immediately upon notification by User that his/her password has been lost, stolen or otherwise compromised.
• User is responsible for all local or long-distance telephone charges for connecting to Ezlink.
• The User agrees to pay Ezlink all charges relating to the use of the User’s account(s) according to rates and prices published online at the time the service is used. Online rates and prices are incorporated into this agreement by reference. The User is also responsible for monthly storage charges as described online.
  Access is subject to credit limits established by the issuer of User’s credit card and/or by Ezlink. A credit limit is applied to all accounts. User’s access to service may be suspended if User exceeds his/her credit limit unless prior arrangements have been made.
• The User is responsible for charges at the time the service is used and Ezlink may apply the amount due to the User’s credit card at any time.
• Ezlink reserves the right to suspend access to service for a User’s account(s) upon an indication of credit problems including delinquent payments or rejection of any credit card charges.
• Ezlink reserves the right to change prices on 30 days’ notice as published online.
• THE Ezlink SERVICE IS PROVIDED ON AN “AS IS, AS AVAILABLE” BASIS. NO WARRANTIES , EXPRESSED OR IMPLIED, INCLUDING BUT NOT LIMITED TO THOSE OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE, ARE MADE WITH RESPECT TO Ezlink OR ANY INFORMATION OR SOFTWARE THEREIN.THIS “NO WARRANTY” EXPRESSLY INCLUDES ANY REIMBURSEMENT FOR LOSSES OF INCOME DUE TO DISRUPTION OF SERVICE BY Ezlink OR ITS PROVIDERS.
• Neither Ezlink nor its Information Providers are responsible for any damages arising from the User’s use of Ezlink internet services, or by the User’s inability to use Ezlink ‘s access services.
• Ezlink reserves the right to change without notice the Ezlink service, including, but not limited to, access procedures,hours of operation, menu structures, commands, documentation, vendors,and services offered.
• Ezlink is not responsible for the User’s personal files residing on Ezlink. The User is responsible for independent backup of his/her data stored on Ezlink.
• Ezlink reserves the right to delete User’s personal files after one or both parties terminates this agreement.
• Ezlink reserves the right in its sole discretion to delete any information entered into Ezlink by User. Ezlink and its authorized representatives shall have the right, but shall not be obligated, to edit publicly viewable information.
  THE USER HEREBY AGREES THAT ANY MATERIAL SUBMITTED FOR PUBLICATION ON Ezlink THROUGH USER’S ACCOUNT(S) DOES NOT VIOLATE OR INFRINGE ANY COPYRIGHT, TRADEMARK, PATENT, STATUTORY, COMMON LAW OR PROPRIETARY RIGHTS OF OTHERS, OR CONTAIN ANYTHING OBSCENE OR LIBELOUS.
  Ezlink, at its sole business judgment, may terminate this membership Agreement immediately or suspend the User’s access to the service upon any breach of this membership Agreement by the User,including, but not limited to, refusal or failure to pay for services provided or by sole judgement of Ezlink that the User may be performing activities harmful to Ezlink or its Users, employees, vendors, business relationships, or any other users of the Internet.
• Due to the public nature of the Internet, all email is considered publicly accessible and important information should be treated carefully. Ezlink is not liable for protection or privacy of electronic mail and information transferred through the Internet.
• Ezlink reserves the right to terminate access to service for any User account which has been inactive for 6 months.
• Use of distribution lists in electronic mail or other mass electronic mailings is subject to approval of Ezlink. Ezlink has stated an enforced policy of Zero Tolerance for using the email system to distribute advertisements, solicitations or any other form of marketing/sales commonly referred to as spamming. The use of lists, blind copies, relaying to addresses via email shall not be considered acceptable use of the Ezlink system. Ezlink shall reserve the right to distribute to existing customers information, facts, modifications, changes, improvements, problems and any other information deemed necessary by Ezlink via its email systems. Continued violation of this policy can result in termination of services by Ezlink of the violator.
• This Agreement shall be governed by the laws of the State of Colorado.
• Ezlink may modify these terms and conditions upon notice published online via Ezlink. The User’s use of Ezlink services after such notice shall constitute User’s acceptance of the modifications to this Agreement.
• Non-enforcement of any section of this Agreement does not constitute consent and Ezlink reserves the right to enforce this Agreement at its sole discretion.
• If any one or more paragraphs in this Agreement is found to be unenforceable or invalid, User’s and Ezlink’s agreement on all other paragraphs shall remain valid.
• Web pages included in accounts are specifically designated and shall be monitored by Ezlink for compliance. Ezlink reserves the right to assess appropriate account type fees in the event the user publishes pages contrary to the stated account web page type, e.g.personal pages used in a commercial manner.
  Ezlink provides unlimited access accounts to only one user at a time. If a user has logins that occur at the same time while being an unlimited account holder, this violates the condition of: one user, one account, one login at a time. Such violations will be detailed by date and time of each violation and the user may be responsible for payment of additional accounts to cover the additional or simultaneous logins for all month(s) applicable.
• DSL/Wireless/Broadband/ISDN services are provided to the user under the following terms and conditions related to said services. a.Stated speeds, up and down, published per each service is not and cannot be guaranteed. b. All security needs, provisions and safeguards are the user’s full responsibility. c. Resale of access services is strictly prohibited unless there is written authorization duly executed between the user and provider.
• Copyright Infringement – We are registered with the United States Copyright Office pursuant to the Digital Millennium Copyright Act (DMCA). If your site has been copied by our customer, or an End User, in a way that falls within the terms of the DMCA, you must provide us with proper notice of such an infringement. The DMCA contains very specific guidelines of what your notice must contain. These guidelines are available here.