DIRECTOR ELECTION VOTING SCHEDULE, Policy 105(A)-2018
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Article 3, Section 3.7 of the NCTC Bylaws provides that there may be in directors’ elections voting by members at special voting times prior to the annual meeting of members with all of the voting in the Board of Directors election being conducted during the special voting period. This process is adopted by an affirmative vote of the Board of Directors and at its direction. The Board is affirmatively adopting this policy.
The following procedure is hereby adopted by the Board of Directors for the purpose of conducting all voting for the office of Board of Director of NCTC.
The special voting period adopted herein for Board of Director shall be conducted at a place in the geographical exchange area of each director being elected which is convenient to the members as determined by the directors. The special voting period shall be conducted during the 3rd full week of October. For each geographical exchange district in which there is a contested race there shall be a separate election date for each geographical exchange district.
If there is only one (1) contested election the election day shall be set on Thursday of that week. If there are two (2) contested elections, then the election for one of the geographical exchange areas will be on Thursday and the other one on Tuesday of the same week. If there are three (3) contested elections one election will be held on Thursday, one election will be held on Tuesday of that same week and the other one will be held on Monday of that same week. For elections conducted during the times and places setout above, the election polls shall open at 9:00 a.m. and remain open until 7:00 p.m.
In addition to the above election days there shall also be a voting period during the same 3rd full week of October on Saturday of that same voting week. The location of the Saturday voting will be at NCTC headquarters at 872 Hwy 52 By-pass E. Lafayette, TN. The voting polls shall be open from 9:00 a.m. until 12:00 noon. This voting period will allow voting for all exchanges contested elections or any issue put to the membership.
The special elections shall be conducted in accordance with the bylaws. Any voters which are in line to vote at the time established for the polls to close shall be entitled to vote. However, the polls will be closed immediately. After the last vote has been cast, the election officials shall immediately tally all votes cast during both election periods and determine which candidate(s) received the most votes in their exchange area. Thereafter, the Attorney and General Counsel for NCTC shall publicly disclose the voting results and declare the winner of the election(s).
The elected director(s) terms of office will begin on November 1 of that same year in which they were elected.
Adopted by the Board: July 10, 2018
ANNUAL MEMBERSHIP MEETING DATE AND PLACE
Policy No. 105(B)-2018
Annual members meeting shall continue to be conducted on the first Saturday of November at 1:00 p.m.
Adopted by the Board: July 10, 2018
NOMINATING AND NCTC SERVICE AWARD COMMITTEE MEETING
Policy No. 106-2018
Those individuals nominated by the Board for the nominating committee shall also serve as the NCTC Service Award committee. The committee meeting date shall be the 2nd Tuesday in August at 6:00 p.m. to coincide with the Board of Directors monthly meeting.
Adopted by the Board: July 10, 2018
TELEPHONE ACCEPTABLE USE POLICY
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Customers/Subscribers are prohibited from using their respective telephone services (voice, voicemail, text, telefax or any other telephony transmission):
- For any purpose which violates FCC regulations, federal or state laws.
- To violate any rule, policy or guideline of North Central Telephone Cooperative, Inc. (NCTC).
- For the purpose of engaging in any conduct that is defamatory, fraudulent, obscene or deceptive to other telephone users;
- For making pre-recorded or artificial voice calls that do not include the identification of the calling party at the beginning of the announcement.
- For making pre-recorded or artificial voice calls that do not include the telephone number or address of the caller in the announcement.
- For making calls with incorrect Caller ID information (when the calling number is not assigned to a party affiliated with the caller, as in the case of “neighbor spoofing”).
- Initiating sales calls to numbers on the “Do not call list”, where the calling party does not have a preexisting commercial relationship with the called party.
- Initiating telemarketing calls that do not include an automated do not call option.
- Initiating telemarketing messages left in voice mail that do not include a toll-free call back number that connects directly to an automated opt out mechanism.
- Making calls impersonating government officials.
- In any fashion for the transmission or dissemination of images containing child pornography or in a manner that is obscene, sexually explicit, cruel or racist in nature or which espouses, promotes or incites bigotry, hatred or racism.
- In any manner providing altered, deceptive, or false information about the identity of the sender or their origin of a message or phone call.
- To text, voice mail, fax, or transmit any unlawful, threatening, abusive, libelous, defamatory, obscene, pornographic, profane or otherwise objectionable information of any kind, including but not limited to transmission constituting or encouraging conduct that would constitute a criminal offense, give rise to civil liability, or otherwise violate any local, state, national or international ordinance, regulation of law, including but not limited to the United States export control laws and regulations.
- To transmit misleading or inaccurate caller ID information with the intent to defraud, cause harm, or wrongfully obtain anything of value.
- To make illegal robocalls, which are made without the expressed permission of the recipient and meets the definition of robocalls as determined by the FCC.
- That violates the Do Not Call Implementation Act (DNCIA), Truth in Caller ID Act (TICIDA) and the Telephone Consumers Protection Act (TCPA).
- The provision of voice service by the company assumes that only legitimate calls will be originated or terminated.
- The company will cooperate with the Federal Communication Commission and law enforcement to provide them customer/subscriber information necessary to mitigate illegal traffic including but not limited to illegal robocalls.
- Customers/subscribers are hereby notified that NCTC may take action up to suspension or termination of service for violation of the TAUP.
- NCTC reserves the right to immediately cancel the service of a member for a violation of any of the above prohibited acts.
- It is not a prohibited act for governmental entities, utilities, EMS, or other like kind organizations to initiate robocalls for the purpose of informing the general public.
Internet Access Agreement
North Central Telephone Cooperative provides Internet access (the “Service”) subject to your agreement and compliance with the terms and conditions below (the “Agreement”).
PLEASE READ THIS AGREEMENT CAREFULLY BEFORE ACCESSING THE SERVICE. IF YOU DO NOT AGREE TO THESE TERMS AND CONDITIONS, AND DO NOT WISH TO BE BOUND BY THEM, YOU MAY NOT ACCESS OR USE THE SERVICE.
A. In order to register for the Service, you must be at least 18 years of age, and you hereby represent and certify to North Central Telephone Cooperative that you are at least 18 years of age. If you are a parent or legal guardian, you may authorize a minor under your control to use your account under supervision. You promise to adequately supervise the minor and are responsible for the minor’s use of the Service. You further promise to indemnify and hold harmless North Central Telephone Cooperative for the minor’s use of the Service. You agree that you are fully responsible for such minor’s conduct while using the Service, and for any consequences if the minor misuses the Service or the software, or otherwise violates this Agreement.
B. You further represent and certify to North Central Telephone Cooperative that all information provided by you to North Central Telephone Cooperative in connection with your registration, whether on-line or otherwise, is accurate, complete and current. You further agree to timely notify North Central Telephone Cooperative of any changes to such information.
C. You agree that you may not, and shall not, transfer your account to another person without the prior written approval from North Central Telephone Cooperative.
D. You agree to pay North Central Telephone Cooperative’s current charges in effect from time to time for all Internet access through your account, including but not limited to registration or monthly fees, connect time charges, minimum charges and other charges incurred by you or anyone using your password or account (unless notified by you pursuant to Section I.E.) at the rates in effect for the billing period in which those charges are incurred, including but not limited to charges for any purchases made through the Service and any surcharges incurred while using any supplemental networks or services other than the Service. You agree to pay all applicable taxes related to use of the Service. You agree that North Central Telephone Cooperative has reserved the right to change all rates or to institute new rates and/or changes at any time. You further agree that you will be liable for all attorney’s fees and collection fees arising from efforts to collect any unpaid balance on your account(s). Billing will be on a monthly basis and you agree that North Central Telephone Cooperative may, in its sole discretion, change or modify the billing period without notice to you.
E. You agree that you are responsible for maintaining the confidentiality of all passwords issued to you by North Central Telephone Cooperative to access the Internet. You are responsible for all charges resulting from the use of your password(s) and account in connection with the Service. If your account or password is accessed or used without your permission, you agree that you remain responsible for all such activities and charges until you notify North Central Telephone Cooperative of an unauthorized use of your password and account by calling 502-678-2111.
II. USE OF THE INTERNET
A. You understand that North Central Telephone Cooperative does not operate nor control the contents of the Internet in any way, and that all merchandise, information and services offered or made available or accessible on the Internet generally are offered or made available or accessible by third parties who are not affiliated with North Central Telephone Cooperative. YOU AGREE THAT YOU ARE TOTALLY RESPONSIBLE AND ASSUME THE RISK FOR YOUR USE OF THE SERVICE AND THE INTERNET. North Central Telephone Cooperative AND ITS AFFILIATES MAKE NO EXPRESS OR IMPLIED WARRANTIES, REPRESENTATIONS OR ENDORSEMENTS WHATSOEVER (INCLUDING WITHOUT LIMITATION WARRANTIES OF TITLE OR NON-INFRINGEMENT, OR THE IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE) WITH REGARD TO ANY MERCHANDISE, INFORMATION OR SERVICE PROVIDED THROUGH ANY North Central Telephone Cooperative SERVICE OR ON THE INTERNET GENERALLY, AND THEY SHALL NOT BE LIABLE FOR ANY COST OR DAMAGE ARISING EITHER DIRECTLY OR INDIRECTLY FROM ANY SUCH TRANSACTION. YOU FURTHER AGREE THAT IT IS YOUR SOLE RESPONSIBILITY TO EVALUATE THE ACCURACY, COMPLETENESS AND USEFULNESS OF ALL OPINIONS, ADVICE, SERVICES AND OTHER INFORMATION, AND THE QUALITY AND MERCHANTABILITY OF ALL MERCHANDISE, PROVIDED TO THE SERVICE OR THE INTERNET GENERALLY.
B. YOU UNDERSTAND AND FURTHER ASSUME THE RISK THAT THE INTERNET CONTAINS UNEDITED MATERIALS SOME OF WHICH ARE SEXUALLY EXPLICIT OR MAY BE OFFENSIVE TO YOU. YOU AGREE THAT ACCESS TO SUCH MATERIALS IS AT YOUR OWN RISK. North Central Telephone Cooperative HAS NO CONTROL OVER AND ACCEPTS NO RESPONSIBILITY WHATSOEVER FOR SUCH MATERIALS.
C. You agree that it is your responsibility to provide all telephone and other equipment and services necessary to access the service.
D. Unless you receive the prior written approval of North Central Telephone Cooperative, you agree that you may not, and will not, reproduce, redistribute, retransmit, publish or otherwise transfer, or commercially exploit, any information, software or other content which you receive through the Service.
III. NO SERVICE WARRANTIES
A. THE SERVICE IS PROVIDED ON AN “AS-IS” AND “AS AVAILABLE” BASIS WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO WARRANTIES OF TITLE, NON-INFRINGEMENT OR IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE. NO ADVICE OR INFORMATION GIVEN BY North Central Telephone Cooperative, ITS AFFILIATES OR ITS CONTRACTORS OR THEIR RESPECTIVE EMPLOYEES SHALL CREATE A WARRANTY. NEITHER North Central Telephone Cooperative NOR ITS AFFILIATES WARRANT THAT THE SERVICE WILL BE UNINTERRUPTED OR ERROR-FREE OR THAT ANY INFORMATION, SOFTWARE OR OTHER MATERIAL ACCESSIBLE ON THE SERVICE IS FREE OF VIRUSES, WORMS, TROJAN HORSES OR OTHER HARMFUL COMPONENTS.
B. UNDER NO CIRCUMSTANCES SHALL North Central Telephone Cooperative, ITS AFFILIATES OR ITS CONTRACTORS BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, PUNITIVE OR CONSEQUENTIAL DAMAGES THAT RESULT IN ANY WAY FROM YOUR USE OF OR YOUR INABILITY TO USE THE SERVICE OR TO ACCESS THE INTERNET OR ANY PART THEREOF, OR YOUR RELIANCE ON OR USE OF INFORMATION, SERVICES OR MERCHANDISE PROVIDED ON OR THROUGH THE SERVICE, OR THAT RESULT FROM MISTAKES, OMISSIONS, INTERRUPTIONS, DELETION OF FILES, ERRORS, DEFECTS, DELAYS IN OPERATION, OR TRANSMISSION, OR ANY FAILURE OF PERFORMANCE.
C. If you are dissatisfied with the Service, or with any terms, conditions, rules, policies, guidelines or practices of North Central Telephone Cooperative in operating the Service, your sole and exclusive remedy is to discontinue using the Service.
IV. PROPERTY RIGHTS AND COPYWRITED MATERIAL
A. You agree that all content accessed through the Service is the property of the applicable content owner and may be protected by applicable copywrite law. This Agreement gives you no rights to such content.
B. EXCEPT AS EXPRESSLY PERMITTED HEREIN OR BY APPLICABLE LAW, North Central Telephone Cooperative AND ITS SUPPLIER(S) RETAIN ALL RIGHT, TITLE AND INTEREST IN THE SOFTWARE UTILIZED TO ACCESS THE SERVICE. THIS SOFTWARE AND SOURCE CODE FORM CONTAIN CONFIDENTIAL TRADE SECRETS OF North Central Telephone Cooperative AND/OR ITS SUPPLIER. EXCEPT AS EXPRESSLY AUTHORIZED ABOVE, YOU SHALL NOT COPY THE SOFTWARE, IN WHOLE OR IN PART, OR MODIFY, REVERSE COMPILE, REVERSE ASSEMBLE OR CREATE DERIVATIVE WORKS OF ANY PORTION OF THIS SOFTWARE, NOR RENT, LEASE, DISTRIBUTE, MARKET OR TRANSFER THIS SOFTWARE TO THIRD PARTIES.
C. You agree to abide by the copywrite law and all other applicable laws of the United States, including, but not limited to, export control laws.
D. The Service and documentation are provided with RESTRICTED RIGHTS. Use, duplication or disclosure by the Government is subject to restrictions as set forth in subparagraph (c)(1)(ii) of the Rights to Technical Data and Computer Software clause at DFARS 252.227-7013 or subparagraphs (c)(1) and (2) of the Commercial Computer Software – Restricted Rights at 48 CFR 252.227-7013, as applicable. Manufacturer is Bluegrass Network LLC, 115 Williams Street, Elizabethtown, Kentucky 42701. Subcontractor of the software to access the Service is The Wollongong Group, Inc., 1129 San Antonio Road, Palo Alto, California 94303-4374. E. You agree that copywrited material must not be placed on the Service without the permission of the owner(s) or person(s) they specifically authorize. Only the owner(s) or other such authorized person(s) may upload copywrited material to the Service. F. You may download copywrited material for your own use. Except as expressly provided by copywrite law, copying, redistribution or publication must be with the express permission of North Central Telephone Cooperative and the owner(s) or such authorized person(s) if other than North Central Telephone Cooperative. Permission must be specified in the document, on the Service, or must be obtained directly from North Central Telephone Cooperative and the owner(s) or such authorized person(s) if other than North Central Telephone Cooperative. Any copying, redistribution or publication of copywrited material, any changes to or deletion of author, attribution or copywrite notice are prohibited.
V. YOUR CONDUCT
A. While using the Internet through the Service, you represent, warrant and promise that you will not:
- Restrict or inhibit any other user from using and/or enjoying the Internet.
- Post or transmit any unlawful, threatening, abusive, libelous, defamatory, obscene, pornographic, profane, or otherwise objectionable information of any kind, including but not limited to transmissions constituting or encouraging conduct that would constitute a criminal offense, give rise to civil liability, or otherwise violate any local, state, national or international ordinance, regulation or law, including but not limited to the United States export control laws and regulations.
- Post or transmit any information or software which contains a virus, cancelbot, trojan horse, worm or other harmful component. Post, publish, transmit, reproduce, distribute or in any way exploit any information, software or other material obtained through the Service for commercial purposes, except for that which is expressly permitted by the provider of such information, software or other material.
- Upload, post, publish, transmit, reproduce or distribute in any way, information, software or other material obtained through the Service which is protected by copyright, or other proprietary right, or derivative works with respect thereto, without obtaining permission of the copyright owner or rightholder.
- Upload, post, publish, transmit, reproduce or distribute in any way any component of the Service itself or derivative works with respect thereto, as the Service is copyrighted as a collective work under United States copyright laws.
B. You agree and understand that North Central Telephone Cooperative has no obligation to monitor the Service in any way. You further agree that North Central Telephone Cooperative has a right to monitor the Service electronically from time to time and to disclose any information as necessary to satisfy any law, regulation, ordinance or other governmental request to operate the Service properly, or to protect itself or its subscribers. North Central Telephone Cooperative shall not intentionally monitor or disclose any private electronic mail message unless required by law. North Central Telephone Cooperative reserves the right to refuse to post or to remove any information or materials, in whole or in part, that, in its sole discretion, are unacceptable, undesirable, or in violation of this Agreement.
VI. BREACH OF THE AGREEMENT
North Central Telephone Cooperative may deny you access to all or part of the Service without notice if you engage in any conduct or activities that North Central Telephone Cooperative, in its sole discretion, believes violates any of the terms and conditions in this Agreement. If North Central Telephone Cooperative denies you access to the Service because of such a violation, you agree that you have no right:
- to access through North Central Telephone Cooperative any material stored on the Internet,
- to obtain any credit(s) otherwise due to you, and such credit(s) shall be forfeited, and
- to access third party services, merchandise or information on the Internet through North Central Telephone Cooperative.
You agree that North Central Telephone Cooperative shall have no responsibility to notify any third party providers of services, merchandise or information and that North Central Telephone Cooperative shall not be responsible for any consequences resulting from lack of notification.
You agree to defend, indemnify and hold North Central Telephone Cooperative and its affiliates harmless from any and all liabilities, costs and expenses, including reasonable attorney’s fees, related to any violation of this Agreement by you or authorized users of your account, or in connection with the use of the Service or the Internet or the placement or transmission of any message, information, software or other materials on the Internet by you or authorized users of your account.
A. You agree that in the event that any portion of this Agreement is held to be unenforceable, the unenforceable portion shall be construed in accordance with the applicable law as nearly as possible to reflect the original intention of the parties and the remainder of the provisions shall remain in full force and effect.
B. North Central Telephone Cooperative’s failure to insist upon or enforce strict performance of any provision of this Agreement shall not be construed as a waiver of any provision or right. Neither the course of conduct between parties nor trade practice shall act to modify any provision of this Agreement.
C. You agree that this Agreement shall be governed by and construed in accordance with the laws of the Commonwealth of Kentucky, without regard to its conflicts of law provisions. Any cause of action you may have with respect to the Service must be commenced within one (1) year after the claim or cause of action arises or such claim or cause of action is barred.
D. You agree that this Agreement is personal to you and you shall not assign your right herein.
E. You agree that upon notice published over the Service, North Central Telephone Cooperative may modify this Agreement, including but not limited to its prices and charges for the Service, and may discontinue or revise any or all other aspects of the Service at its sole discretion and without prior notice.
F. You agree that the terms for payment are net twenty (20) days in the currency in which billed. If any payment due hereunder is not made by you within twenty (20) days after the invoice date, you agree to pay late charges of ten percent (10%) per month with respect to such payment.
I REPRESENT THAT I HAVE FULLY READ AND UNDERSTAND THE TERMS AND CONDITIONS OF THIS AGREEMENT. I AGREE TO BE BOUND BY THESE TERMS AND CONDITIONS.
OPEN INTERNET ORDER AGREEMENT
NORTH CENTRAL TELEPHONE COOPERATIVE, Inc. MASS MARKET INTERNET SERVICE POLICIES AND CUSTOMER INFORMATION
The following policies apply to mass market broadband Internet services offered by North Central Telephone Cooperative, Inc (herein after “NCTC”) NCTC. NCTC also offers enterprise level services that can be individually tailored to customer needs. Information on enterprise services can be obtained by contacting NCTC’s Business Office in Lafayette, TN
It is NCTC’s policy to provide robust and reliable access to the Internet for all of its residential and commercial mass market end user customers. Because network resources are shared by all users, NCTC has implemented the following policies to govern mass market Internet service. These policies are designed to:
- ensure that shared network resources are allocated fairly among all users;
- allow users and prospective users to understand service policies and any significant limitations on the service; and
- provide a foundation that assures customers that they can rely on consistently receiving the level and quality of service to which they subscribe.
NCTC does not block access to, nor discriminate against, any lawful website or Internet application and, with respect to fixed Internet access services, supports the ability of users to select and attach the equipment of their choice to the network so long as that equipment:
- is used for a lawful purpose consistent with NCTC’s Acceptable Use Policy; and
- does not harm the network or degrade network performance for other users. Customers are encouraged to familiarize themselves with the following policies which are deemed part of their Service Agreement.
By using NCTC’s Internet service, the customer accepts, agrees to be bound by and to strictly adhere to, these policies. The customer also agrees to be responsible for compliance with these policies by third parties, such as friends, family members or guests that make use of the customer’s service accounts or equipment to access the network for any purpose, with or without the permission of the customer.
North Central does not block, throttle, or discriminate against, any lawful website or Internet application. North Central does not engage in Paid Prioritization nor does it prioritize its own, or its affiliates’, internet traffic over that of any other lawful provider.
With respect to broadband Internet access services, North Central supports the ability of users to select and attach the equipment of their choice to the network so long as that equipment:
- is used for a lawful purpose consistent with North Central’s Acceptable Use Policy; and
- does not harm the network or degrade network performance for other users.
I. ACCEPTABLE USE POLICY
- General Policy. NCTC reserves the sole discretion to deny or restrict your service, or immediately to suspend or terminate your service, if the use of your service by you or anyone using it, in our sole discretion, violates the Service Agreement or other NCTC policies, is objectionable or unlawful, interferes with the functioning or use of the Internet or the NCTC network by NCTC or other users, or violates the terms of this Acceptable Use Policy (“AUP”).
- Specific Examples of AUP Violations. The following are examples of conduct which may lead to termination of your Service. Without limiting the general policy in Section 1, it is a violation of the Agreement and this AUP to:
- access without permission or right the accounts or computer systems of others, to spoof the URL, DNS or IP addresses of NCTC or any other entity, or to penetrate the security measures of NCTC or any other person’s computer system, or to attempt any of the foregoing;
- transmit uninvited communications, data or information, or engage in other similar activities, including without limitation, “spamming”, “flaming” or denial of service attacks;
- intercept, interfere with or redirect email or other transmissions sent by or to others;
- introduce viruses, worms, harmful code or Trojan horses on the Internet;
- post off-topic information on message boards, chat rooms or social networking sites;
- engage in conduct that is defamatory, fraudulent, obscene or deceptive;
- violate NCTC’s or any third party’s copyright, trademark, proprietary or other intellectual property rights;
- engage in any conduct harmful to the NCTC network, the Internet generally or other Internet users;
- generate excessive amounts of email or other Internet traffic;
- use the service to violate any rule, policy or guideline of NCTC;
- use the service in any fashion for the transmission or dissemination of images containing child pornography or in a manner that is obscene, sexually explicit, cruel or racist in nature or which espouses, promotes or incites bigotry, hatred or racism; or
- download or use the Service in Cuba, Iran, North Korea, Sudan and Syria or in destinations that are otherwise controlled or embargoed under U.S. law, as modified from time to time by the Departments of Treasury and Commerce.
- Copyright Infringement/Repeat Infringer Policy. NCTC respects the intellectual property rights of third parties. Accordingly, you may not store any material or use NCTC’s systems or servers in any manner that constitutes an infringement of third party intellectual property rights, including under US copyright law. In accordance with the Digital Millennium Copyright Act (DMCA) and other applicable laws, it is the policy of NCTC to suspend or terminate, in appropriate circumstances, the service provided to any subscriber or account holder who is deemed to infringe third party intellectual property rights, including repeat infringers of copyrights. In addition, NCTC expressly reserves the right to suspend, terminate or take other interim action regarding the service of any user or account holder if NCTC, in its sole judgment, believes that circumstances relating to an infringement of third party intellectual property rights warrant such action. These policies are in addition to and do not affect or modify any other rights NCTC may have under law or contract. If you believe that copyrighted material has been used in violation of this policy or otherwise been made available on the service in a manner that is not authorized by the copyright owner, its agent or the law, you may contact our Designated Agent as follows: email@example.com
- NCTC may, but is not required to, monitor your compliance, or the compliance of other subscribers, with the terms, conditions or policies of the Service Agreement and AUP. You acknowledge that NCTC shall have the right, but not the obligation, to pre-screen, refuse, move or remove any content available on the service, including but not limited to content that violates the law or this Agreement.
II. SYSTEM PERFORMANCE
NCTC provides residential and commercial mass market customers with a choice of data plans to meet their needs. NCTC also provides enterprise level services that are custom tailored to a specific project and individually priced based on the needs and criteria established by the Enterprise customer. NCTC offers the following mass market services and typical speed ranges. These speeds were calculated based upon internal testing along with third party website speed tests.
|Service||Download (Mbps)||Upload (Mbps)||Latency (ms)|
While NCTC provisions its network and equipment to ensure that its customers can enjoy the speeds to which they subscribe, Internet speeds generally result from a “best effort” service and are dependent on a number of variables, many of which are outside the control of an Internet Service Provider. Such variables include: the age and processing capability of the user’s terminal device or computer; the number of applications running simultaneously; the presence of viruses or malware; whether the terminal equipment is connected to the network by wire or by wireless; the distance the data packets must travel between the user and the website; the presence of congestion on and technical configuration of any intervening networks; any gating or congestion management schemes employed by websites to limit download or upload speeds in cases where multiple users are served simultaneously. NCTC does not guarantee that a customer will achieve the speeds set forth above at all times. Rather, the foregoing data speeds represent the best information available to NCTC of the typical speeds a customer can expect to experience under normal operating conditions.
Speed tests that allow customers to test the upload, download and latency performance of their broadband data services are available free of charge from a number sources. Generally, these tests are influenced by the same variables that affect Internet speed set forth above. Accordingly, the speed results would not be expected to match a test of [ISP’s] network conducted under laboratory conditions. Please note, however, that all speed tests use different methodologies to calculate Internet connection speed so each of the tests would be expected to yield different results. Accordingly, each of these tests should be viewed as a helpful guide rather than as a definitive measurement of performance. The following are several sites, unaffiliated with NCTC, that provide speed testing:
III. NETWORK MANAGEMENT
NCTC utilizes a redundant network architecture that is designed to provide users with true broadband speeds and reliability even during times of peak demand. The network has been constructed to meet projected traffic demands and is fully scalable to allow for capacity to be added to meet customer needs and to support newly developing and increasingly sophisticated applications well into the future. However, congestion can occur on any IP network, and, when it does, packets can be delayed or dropped, leading to service degradation and delays. Because network resources are shared by all end users, NCTC has implemented a traffic management policy that is designed to ensure that all users are able to utilize their fair share of network resources during periods of high demand.
Prioritization of packets can be used for other purposes as well, such as to ensure the reliability of applications that demand real time or near real time communications such as public safety communications and, in the context of mobile data services, E-911 communications. Generally, provisioned data speeds for [ISP’s] mass market services are sufficient to support such applications as Voice over IP (VoIP), gaming, web surfing, or most streaming video. However, because [ISP’s] residential, mass market broadband service generally does not prioritize such traffic, it is possible that certain applications requiring real time communications may perform at less than optimal levels, especially during periods of peak network demand.
NCTC does take measures to protect its network and ensure that its AUP is enforced. For example, NCTC has deployed measures to prevent spam, viruses, and other malware and to monitor and prevent denial of service attacks using MagicSpam by LinuxMagic. NCTC does not generally interfere with or manage the use of specific protocols or ports. However, in the interests of network security, the following ports may be blocked or unavailable:
NCTC provides fixed data services.
With respect to fixed broadband services, users may generally attach the devices of their choice and run the applications of their choice, subject to the limitations of their data plan and the terms of their service agreement and AUP. While many devices such as routers, Bluetooth and WiFi cards, laptops, notebooks and tablets are readily available from third party sources, such as consumer electronics retailers, other devices, such as DSL modems, proprietary network gateways must be provided by or leased from NCTC. NCTC is not responsible for the compatibility, suitability or functionality of any equipment that is provided by the customer or any third party, and the customer remains fully responsible for ensuring that any such equipment does not cause any harm to the network or degrade the service of other users.
All users are fully responsible for securing their equipment, including wireless routers, to prevent unauthorized access to the network by third parties and will be held fully responsible for the actions of such third parties that gain unauthorized access to the network through unsecured end user equipment.
IV. COMMERCIAL TERMS
Your service order indicates whether you have agreed to a minimum service term for your service and, if so, the number of months in the term. YOU WILL BE SUBJECT TO AN EARLY TERMINATION FEE IF YOU CANCEL SERVICES BEFORE THE END OF THE MINIMUM SERVICE TERM (OR IF WE TERMINATE YOUR SERVICE EARLY FOR CAUSE UNDER THE AGREEMENT). The Early Termination Fee, as noted on your broadband agreement
- If your service plan does not include a minimum service term or, if it does and you reach the end of the minimum service term, your service term will be “month-to-month” and will not be subject to an Early Termination Fee if you cancel your service.
- If your service term is month-to-month, NCTC can change the price of your service by providing you at least one billing cycle’s notice of the change.
Changing or Canceling Service
- If you cancel your service, in addition to any applicable Early Termination Fee, you must pay for your use of the service up until the date on which you cancelled, including charges for exceeding any data cap that applied to your account, and applicable taxes.
- If, during the minimum service term, you decide to change to another NCTC service plan (for example, one with different rates or usage allowances) or to add additional services, such as international roaming, to your plan, then NCTC has the right to restart the minimum service term from the beginning of the change in plan or addition of service.
- If, during the minimum service term, NCTC changes the terms of your service and the changes are materially disadvantageous to you, you may terminate the service without paying an Early Termination Fee by providing written notice to NCTC within 30 days of the effective date of the change.
We collect information about your use of our products and services. Information such as call records, websites visited, application and feature usage, network traffic data, service options you choose, and other similar information may be used for billing purposes, to deliver and maintain products and services, or to help you with service-related issues or questions. In addition, subject to any legal restrictions that may apply, this information may be used for other purposes such as providing you with information about product or service enhancements, determining your eligibility for new products and services, and marketing to you based on your use of your products and services. This information may also be used to:
- manage and protect our networks, services and users from fraudulent, abusive, or unlawful uses; and
- subject to consent practices described in this policy, help us improve our services, research and develop new products, and offer promotions and other services. This type of information may be aggregated for business and marketing uses.
If you subscribe to NCTC Internet access services, we may automatically measure and monitor network performance and the performance of your Internet connection to improve your, or our, overall service levels. If you contact us for service support, we also may access information about your computer, wireless device or other device settings to provide customized technical support or to install specific applications or services that you use or that are necessary to the applications or services you use.
NCTC will not gather information from your use of our Internet access services to direct customized advertising specifically to you based on your visits over time and across different non-NCTC websites, unless we first provide you with notice of our plan and obtain your affirmative consent.
INFORMATION PROVIDED TO US BY THIRD PARTIES
When you purchase products or apply for service with us, we may obtain credit information about you from outside credit reporting agencies to help us with customer authentication and credit-related decisions.
NCTC obtains information from outside companies that collect consumer information such as demographic and interest data. We use this data and combine it with other information we have about you to help us predict customer preferences and to direct marketing offers that might be more relevant to you.
A cookie is a small data string that is written on your computer hard drive by a web server. (A web server is the computer that hosts a website and responds to requests received from your computer). Cookies can play an important role in providing a good customer experience using the web, such as enabling a website to maintain information when a user’s web browser requests a series of web pages.
You can manage cookies by using features and functions available on most Internet browsers. For example, most browsers will allow you to choose what cookies can be placed on your computer and to delete or disable cookies. You can find instructions for managing cookie controls on websites for particular browsers. Please note that disabling cookies may prevent you from using specific features on our sites and other websites, such as ordering products or services and maintaining an online account.
Cookies associated with your Flash Player may be removed by managing your settings with Adobe by visiting: https://www.adobe.com/products/flashplayer/security/.
RESOLUTION OF DISPUTES / CUSTOMER COMPLAINTS
Upon receiving a complaint from a customer at the NCTC Business Office, either by telephone, in writing or in person, NCTC will make a prompt and complete investigation and advise the complainant of its findings. A record of the complaint will be kept and show the name and address of the complainant, date and nature of the complaint, and the adjustment or disposition of the complaint. This record will be maintained for two (2) years from the date of resolution. If a written complaint or complaint made in person is not resolved, NCTC shall provide written notice to the complainant of their right to file a complaint with the Commission, and shall provide them with the address and telephone number of the Commission. If a telephonic complaint is not resolved, NCTC will provide at least oral notice to the complainant of their right to file a complaint with the Commission and the address and telephone number of the Commission.
NCTC is committed to protecting your privacy.
What is CPNI?
Customer Proprietary Network Information (CPNI) is information that North Central Telephone obtains when providing your telecommunications services to you. CPNI includes the types of telecommunications services you currently purchase, how you use them, and the billing information related to those services, including items such as the types of local, long distance and wireless telecommunications services that you have purchased and your calling details. Your telephone number, name and address are not considered CPNI.
Use and Disclosure of CPNI
We use your CPNI to offer you additional services of the type you already purchase from us. We also may use your CPNI to offer you other products and services, packages, discounts and promotions from NCTC, such as High Speed Internet and TV services.
NCTC does not disclose CPNI outside NCTC without customer consent except as required or allowed by law. NCTC does not sell CPNI to unaffiliated third parties.
Restricting our use of your CPNI
If you wish to restrict our use of your CPNI for marketing purposes, please call us at 615-666-2151.
Restricting our use of your CPNI for marketing purposes will not affect the provision of NCTC services to you, nor will it eliminate all types of NCTC marketing contacts.
Scope of policy
This policy expressly applies to the NCTC Mobile Apps used by you.
How NCTC, Inc. Collects Your Information
NCTC, Inc. collects and processes information provided directly by you when you install the NCTC Mobile Apps and register for an account to use the App. Specifically, this information includes:
- Your name, email address, location, user’s phone or contact book data, user’s inventory of installed apps, and user’s screen recording;
- Browser information and session cookies related to your access and use the App;
- Data insights NCTC, Inc. attains based on correlation and analytics of your information collected in providing the app, which may be used in aggregated and disaggregated formats or to obtain trend analytics, to provide the App; and
- Use of the above-described collected information in aggregated and dis-aggregated formats to enhance our current App or to provide App features.
How NCTC, Inc. Uses the Information
- Provide you with the App as described in the Agreement;
- Implement, improve and/or enhance the App, including to make future releases available to you;
- Enforce NCTC, Inc.’s rights arising from the Agreement between you and NCTC, Inc; and
- Fulfill any other purpose authorized by you and reasonably required for the App.
Changes to this policy
Commercial Records on Children’s Programs, CFR 76.1703
NCTC only carries programs for children over which it does not exercise editorial control, pursuant to 47 U.S.C. 531 (e) and 532(c)(2).
NCTC Unlimited Long Distance Terms and Conditions
Unlimited Long Distance on Business Bundles
Business bundle long distance usage is designed and provided for ordinary and normal use and not intended for use to connect to internet service providers, data providers, or information services, commercial facsimile, auto-redialing, and telemarketing. These uses are strictly prohibited and are not considered a part of the unlimited long distance plan.
If NCTC determines that usage is not consistent with average business voice usage or is a prohibited use as set out above, NCTC may charge an additional amount per minute for each call that violates this policy, restrict use or convert you to another plan; and/or void any applicable price guarantee.
Customer Bill of Rights
Bill of Rights
As a residential customer of a regulated public utility in Kentucky, you are guaranteed the following rights subject to Kentucky Revised Statutes and the provisions of the Kentucky Public Service Commission Administrative Regulations:
- You have the right to service, provided you (or a member of your household whose debt was accumulated at your address) are not indebted to the utility.
- You have the right to inspect and review the utility’s rates and tariffed operating procedures during the utility’s normal office hours.
- You have the right to be present at any routine utility inspection of your service conditions.
- You must be provided a separate, distinct disconnect notice alerting you to a possible disconnection of your service if payment is not received.
- You have the right to dispute the reasons for any announced termination of your service.
- You have the right to negotiate a partial payment plan when your service is threatened by disconnection for non-payment.
- You have the right to participate in equal, budget payment plans for your natural gas and electric service.
- You have the right to maintain your utility service for up to 30 days upon presentation of a medical certificate issued by a health official.
- You have the right to prompt (within 24 hours) restoration of your service when the cause for discontinuance of the service has been corrected.
- If you have not been disconnected, you have the right to maintain your natural gas and electric service for up to 30 days if you present a Certificate of Need issued by the Kentucky Cabinet for Human Resources between November and the end of March.
- If you have been disconnected due to nonpayment, you have the right to have your natural gas or electric service reconnected between the months of November through March provided you:
- Present a Certificate of Need issued by the Kentucky Cabinet for Human Resources, and
- Pay one-third of your outstanding bill ($200 maximum), and
- Accept referral to the Human Resources’ Weatherization Program, and
- Agree to a repayment schedule that will cause your bill to become current by October 15.
- You have the right to contact the Public Service commission regarding any dispute that you have been unable to resolve with your utility (Call Toll-Free (800) 772-4636).
The Customer Bill of Rights is referenced in 807 KAR 5:006 Section 14 (1) (c) 1.