SDPlains Customer Agreement
[toggle title=”IMPORTANT – Network Management Policy”]
West River Cooperative Telephone Company, Inc.
Network Management Policy
West River Cooperative Telephone Company commits to the open and non-discriminatory use of the Internet by its customers and commits to use reasonable network management practices to ensure an open Internet. West River Cooperative Telephone Company will manage its network and provide access in accordance with the Federal Communications Commission’s (FCC’s) Open Internet Rules (adopted December 21, 2010 in 25 FCC Rcd 17905) and in compliance with any future rules adopted by the FCC.
West River Cooperative Telephone Company shall make available public information on its website (https://www.sdplains.com) regarding its network management practices, performance and commercial terms of its service sufficient for consumers to make an informed choice regarding their use of such services.
West River Cooperative Telephone Company will not unjustly or unreasonably prevent or interfere with competition among Content, Applications, Service, or Device Providers.
Network Security and Congestion Management
West River Cooperative Telephone Company uses generally accepted technical measures to provide acceptable service levels to all customers, such as application-neutral bandwidth allocation, as well as measures to address service attacks, illegal content and other harmful activities to protect network integrity and reliability.
West River Cooperative Telephone Company reserves the right to prioritize traffic based on real time and non-real time applications during heavy congestion periods based on generally accepted technical measures. West River Cooperative Telephone Company sets speed thresholds that a customer can upload and download.
West River Cooperative Telephone Company monitors its connection to the internet to efficiently manage the performance of the network to ensure a sustainable quality broadband service is provided. Peak network usage is between 4 pm and 11 pm Monday – Friday and 10 am – 11 pm Saturday and Sunday.
Congestion due to malfunctioning hardware and/or software will be remedied as quickly as network engineers can diagnose and identify the offending hardware/software.
Congestion due to malice will be remedied using any technique available, including protocol-aware filtering and rate-limiting, to control and limit the offending source. West River Cooperative Telephone Company may seek criminal charges against those who inflict network malice. West River Cooperative Telephone Company may also attempt to recover costs incurred from network malice.
It is not acceptable to use the West River Cooperative Telephone Company network for any purpose that violates local, state or federal laws or to transmit communications that might be highly offensive or damaging to any recipients or to use the service in a manner that is unintended. It is not acceptable to interfere with, violate, circumvent, misuse, distribute or disrupt network users, equipment or services, which include but are not limited to:
• Attempting to obtain unauthorized access to any network or account. This includes accessing data not intended for end user customers, logging into a server or account without being expressly authorized to access or probing the security of other networks.
• Attempts to interfere with the Service of others including users, hosts and networks. This includes “denial of service” attacks, “flooding” of networks, deliberate attempts to overload a Service and attempts to “crash” any host.
• Reselling any West River Cooperative Telephone Company Internet Services, without West River Cooperative Telephone Company’s written consent.
• Distribution of West River Cooperative Telephone Company Internet Services beyond the scope of your end-user account.
• Equipment, accessory, apparatus, circuit or devices that are harmful to the network, shall not be attached to or connected with West River Cooperative Telephone Company facilities.
• Circumventing copyright laws and regulation, including the unauthorized download of music, video, images, books, software or content and/or other copyright protected works.
West River Cooperative Telephone Company provides Spam filtering with each customer’s email address. Details of this service are listed on West River Cooperative Telephone Company’s website. West River Cooperative Telephone Company will not ask you for your password in an unsolicited telephone call or email. If you believe your password has been compromised, you should immediately change your password to prevent the unauthorized use of it.
West River Cooperative Telephone Company shall not unjustly or unreasonably block access to lawful content, applications, services or non-harmful devices, subject to reasonable network management.
West River Cooperative Telephone Company shall not unreasonably discriminate in transmitting lawful network traffic over a consumer’s broadband Internet access service, subject to reasonable network management practices.
Digital Millennium Copyright Act (DMCA) Policy
When West River Cooperative Telephone Company receives a notice from a copyright holder or its authorized representative regarding an alleged violation of law by someone using an IP address identified as belonging to West River Cooperative Telephone Company, the following actions will be initiated:
1. West River Cooperative Telephone Company personnel will review the address to determine whether the address is in use by West River Cooperative Telephone Company or by one of its owners or affiliates. If the address has been assigned to an entity other than West River Cooperative Telephone Company the DMCA notice will be forwarded to that entity for review and any action or response.
2. If the address is assigned and used by West River Cooperative Telephone Company or one of its customers, West River Cooperative Telephone Company personnel will attempt to identify the user. If the offender cannot be identified, the West River Cooperative Telephone Agent for West River Cooperative Telephone Company’s internet site will be notified so they can respond accordingly to the copyright holder or its agent. If the offender is identified, West River Cooperative Telephone Company will take the following actions:
a. If the offender is an employee, the responsible supervisor will be notified and appropriate disciplinary action may be warranted. A copy of the violation will be filed by HR in the employee’s personnel file.
b. If the offender is a customer, the customer will be notified by telephone and email of the offense. If it is a first time offense, the customer will be notified and advised that an alleged violation of copyright law has been received and that any further violations could affect the customer’s access to the internet. Notification of a second offense will result in the same action. A third offense may result in notice that internet service will be restricted for ninety (90) days to limit the ability to violate the law. A fourth offense may result in the termination of internet service, unless instructed otherwise by federal law or copyright holder.
Please click on the following website link for pricing information including monthly prices, usage-based fees, and fees for early termination or additional network services: www.sdplains.com
If you have any questions regarding this policy, please contact West River Cooperative Telephone Company customer service at: (605) 244-5213.
[toggle title=”Section One – Notice”]
BY USING THE MATERIALS INCLUDED IN THIS PACKAGE (THE SDPlains SYSTEM) YOU BECOME A PARTY TO THIS AGREEMENT AND SHALL BE BOUND BY ALL OF THE TERMS AND CONDITIONS SET FORTH BELOW. IT IS YOUR RESPONSIBILITY TO READ, UNDERSTAND AND ABIDE BY ALL OF THE PROVISIONS OF THIS AGREEMENT. IF YOU DO NOT AGREE TO ALL OF THE TERMS OF THIS AGREEMENT, RETURN THESE MATERIALS IMMEDIATELY TO WEST RIVER COOPERATIVE TELEPHONE COMPANY, INC.
[toggle title=”Section Two – Introduction”]
SDPlains is an integrated system, comprised of an Internet gateway and a Web browser, for access and use of the Internet. SDPlains is operated by West River Cooperative Telephone Company, Inc., a South Dakota business corporation with offices at P.O. Box 39, Bison, SD 57620.
[toggle title=”Section Three – Services”]
The services provided by West River Cooperative Telephone Company, Inc. pursuant to this Agreement consist of the following:
1. Access to the Internet;
2. Configured Internet Browser;
3. Help desk support service for the SDPlains System configured browser; and
Said services are provided at the prices and upon the terms and conditions stated in this Agreement. [Help desk support services will be in the form of telephone support services provided 24 hours a day, seven days a week. Tech support services may be subject to change at the discretion of West River Cooperative Telephone Company
[toggle title=”Section Four – Third Party Vendors”]
The SDPlains System is comprised, in part, of proprietary technology that it has procured for use by its customers from certain third-party vendors. Acceptance of this Agreement constitutes full acceptance of all terms and conditions of third party agreements.
[toggle title=”Section Five – User Responsibilities”]
You are responsible for providing all equipment, devices and software (other than the configured browser that is part of the SDPlains System) necessary to receive and use the service. The equipment that you provide will have a direct and substantial impact upon the results obtained by use of the SDPlains System. West River Cooperative Telephone Company, Inc. will provide telephone numbers to connect to the service, which for most customers will include a local number. You are responsible for all telephone fees and charges associated with the use of the telephone number you select. Use of the SDPlains System (the Service), and of specific telephone numbers, is subject to interruptions at its discretion or beyond West River’s control. Unauthorized access to the Service, to restricted portions of the Service, or to the telecommunications or computer facilities used to deliver the Service, is a breach of this agreement.
[toggle title=”Section Six – Logins and Passwords”]
Use of the Service requires both a login and a password. You will receive a unique login and a password. Your login name is your address on the Internet, and you and West River Cooperative Telephone Company, Inc. may disclose it to others. Your password is the key that allows you to access the Internet under your login name, and unlocks access to your e-mail. Anyone knowing both your login and password can gain access to your e-mail and use the Service in your name, so passwords must be kept secret. You are solely responsible for maintaining the confidentiality of your password, and for all consequences of a failure to do so. If you forget your password, West River Cooperative Telephone Company, Inc. can assist you, but will charge you a service fee of $5.00. Such assistance will be provided upon regular business days only. Use of another Customer’s login, or improper solicitation of another Customer’s password, are grounds for termination of your right to use the Service.
You agree that you will not use or attempt to use the Service or the Internet in any way or for any purpose described below:
1. To seek to gain unauthorized access to the resources of the Internet;
2. To disrupt the intended use of the Internet;
3. To waste resources (people, capacity, computer) through such actions;
4. To destroy the integrity of computer-based information;
5. To compromise the privacy of users; and/or
6. To seek to commit an illegal act through the use of the system.
It is your responsibility to comply with all international laws and all U.S. laws with respect to your use of the Internet, including, but not limited to, copyright laws, obscenity laws, defamation laws, etc. You are reminded that conduct that is illegal in other media (for example, violations of copyright laws, etc.) is also illegal on the Internet, and you are fully and solely responsible for the consequences of engaging in any illegal conduct by use of the Service.
Users are personally responsible for all use of the Service under their login, even if someone else uses their login. Illegal, fraudulent or abusive use of any login on the Service will result in immediate termination of your right to use the Service, and may be referred to law enforcement authorities. Use of any login under a name other than your own is prohibited.
You must immediately inform West River Cooperative Telephone Company, Inc. if you suspect any breach of security, such as loss, theft, or unauthorized disclosure or use of your login or password. Until West River Cooperative Telephone Company, Inc. is notified of a breach of security, you will remain responsible for any unauthorized use of the Service occurring under your login.
A user login is for the use by one person only. You may not sell, assign, transfer or give away your login. Under no circumstances will you resell your connect time.
West River Cooperative Telephone Company, Inc. is not responsible in any way for any computer programs or devices used or intended for use in connection with the Service, even if such programs are made available on the Service. Most of the programs used on the Service are third-party programs beyond the control of West River Cooperative Telephone Company, Inc.
You hereby agree to indemnify and hold West River Cooperative Telephone Company, Inc. harmless from all claims, awards, judgments, costs, expenses (including costs of defense) and damages to which West River Cooperative Telephone Company, Inc. is made subject as a result of any illegal, unethical or other improper use by you of the Service and/or a breach by you of this Agreement.
[toggle title=”Section Seven – Time Limit”]
The monthly service fee entitles you to unmetered access to West River Cooperative Telephone Company, Inc.’s Gateway and use of West River Cooperative Telephone Company, Inc.’s service.
[toggle title=”Section Eight – Fees and Payment”]
You are responsible for paying all fees and charges (plus applicable taxes) associated with use of the Service. West River Cooperative Telephone Company, Inc. reserves the right to change the amount of, or basis for determining, any fee or charge, and to institute new fees or charges, effective upon 30 days e-mail notice to the member.
Please call 244-5213 (local) or dial 611 (toll free)for current access pricing.
* Additional E-mail Licenses – $3.00 each
Fees shall be payable in advance, and will be due by the 15th day of the month in which the Service is rendered. A $10.00 fee will be charged to your account if payment, whether by check or automatic withdrawal from your bank account, is returned as unpayable for any reason. Applicable federal, state, and local sales and excise taxes, if any, applicable to your use of the Service will be added to the basic fees described herein above.
You understand and agree that the fees and charges described in this section are solely for the use of the Service as described above in Section Three. Various products and services other than those described in this Agreement are offered by vendors and providers other than West River Cooperative Telephone Company, Inc. on or over the Internet, for which separate fees or charges are levied by those vendors. You are solely responsible for payment of all fees charged for products and services incurred by your use or purchase thereof.
Late fees equal to one and a half percent(1 ½) or $3.00, whichever is greater of the monthly fee will be assessed to overdue accounts. Failure to make timely payment of monthly fee shall make your access to the Service terminable at the option and discretion of West River Cooperative Telephone Company, Inc. Reactivation of an account before the end of the month in which access was suspended will result in assessment of a processing fee of $10.00. Accounts not reactivated by the end of the month will be terminated.
[toggle title=”Section Nine – Use of the Internet”]
West River Cooperative Telephone Company, Inc. has no control over opinions, advice or statements given or made by anyone other than authorized West River Cooperative Telephone Company, Inc. spokespersons in any manner on or through the Service.
Opinions, advice and all other information expressed by users or service providers on the Internet represent their own views and not necessarily those of West River Cooperative Telephone Company, Inc. West River Cooperative Telephone Company, Inc. does not endorse, support or vouch for the accuracy of any such information. The Internet lets you share information and communicate with other individuals accessing the Internet all around the world. You agree not to use your access to the Internet through the Service to engage in unsolicited advertising to other individuals accessing the Internet to buy or sell any products or services. This does not apply where a forum exists on the Internet for the purpose of trading/selling equipment or services. You are responsible for material sent through or displayed on the Internet under your login, even if a claim should arise after termination of the membership.
SDPlains does not guarantee confidentiality or security with respect to transmissions over the Service, or the internet generally, or transactions (such as purchases by credit card, etc.). Accordingly, you assume sole and complete risk and responsibility for the consequences of such actions, and West River Cooperative Telephone Company, Inc. assumes no such responsibility.
[toggle title=”Section Ten – SDPlains System”]
West River Cooperative Telephone Company, Inc. will comply in all respects with the Electronic Communications Privacy Act of 1986, as amended, relating to private electronic messages on the Service. West River Cooperative Telephone Company, Inc. will not view the contents of private electronic messages, or show their contents to anyone other than the writer or an intended recipient, without the approval of either the writer or an intended recipient, except as permitted or required by law. It is your responsibility to delete messages that are no longer needed. Keeping an excess of messages could result in operational problems on the home computer system. You are hereby notified that West River Cooperative Telephone Company, Inc. will delete private electronic messages on a thirty (30) day rotational basis (i.e., a message will be deleted automatically thirty (30) days after the date it is received).
Anonymous mail will not be tolerated and will result in immediate termination of access to the West River Cooperative Telephone Company, Inc. service.
Public Posting Areas:
Public posting areas exist on the Internet where users may submit material for viewing by other persons accessing the Internet, and view submissions by others. Submissions include the name, login and other information that would be displayed with the submitted material. You agree to use public postings areas only in accordance with this Agreement and any specific policies and guidelines for the area that are displayed on the Internet.
Anonymous postings to public areas will not be tolerated and will result in immediate termination of your right to use the Service.
By submitting material to a public postings area, you agree to indemnify West River Cooperative Telephone Company, Inc. and hold it harmless from claims arising from the submission.
Remember: You are responsible for all submissions under your login. West River Cooperative Telephone Company, Inc. is not responsible, and shall have no liability for material displayed in a public postings area.
By submitting material to a public postings area, you are irrevocably granting everyone accessing that area permission to reproduce and/or redistribute all or parts of your submission in any form for non-commercial purposes. In addition, anyone is free to use information contained in a submission for any purpose, at their own risk.
West River Cooperative Telephone Company, Inc. will give most notices to members by e-mail. Other notices may be given by a general posting, or by conventional mail.
Notices by members to West River Cooperative Telephone Company, Inc. must be given by e-mail or conventional mail.
Notices by e-mail must be addressed to West River Cooperative Telephone Company, Inc. at: firstname.lastname@example.org.
Notices to West River Cooperative Telephone Company, Inc. by conventional mail must be sent to:West River Cooperative Telephone Company, Inc. P.O. Box 39 Bison, SD 57620
Warranty and Limitation of Liability:
West River Cooperative Telephone Company, Inc. warrants only that the SDPlains System, when used in accordance with provided operating instructions, will provide access to the Internet. YOUR SOLE REMEDY FOR FAILURE OF THE SDPlains SYSTEM TO PROVIDE SUCH ACCESS SHALL BE A PRO-RATA REFUND OF THE MONTHLY USER FEE FOR THE MONTH IN WHICH A FAILURE OF THE SYSTEM TO PROVIDE SUCH ACCESS. IN NO EVENT WILL WEST RIVER COOPERATIVE TELEPHONE COMPANY, INC. BE LIABLE TO YOU FOR ANY DAMAGES, INCLUDING, BUT NOT LIMITED TO, INCIDENTAL OR CONSEQUENTIAL DAMAGES ARISING OUT OF (OR ATTRIBUTABLE TO) THE USE OR INABILITY TO USE THE SDPlains SYSTEM.
Either you or West River Cooperative Telephone Company, Inc. may terminate the Service at any time and without cause. The only recourse of a user with respect to dissatisfaction with any policies, guidelines or practices, changes in fees or service content is for the user to terminate his use of the Service.
West River Cooperative Telephone Company, Inc. shall terminate your access to all or any part of the Service, without notice, for conduct that West River Cooperative Telephone Company, Inc. believes is a violation of this Agreement or any policies or guidelines posted by West River Cooperative Telephone Company, Inc. on the Service, or for other conduct that West River Cooperative Telephone Company, Inc. believes harmful to others (hereafter referred to as termination for cause).
Upon termination of the Service without cause, West River Cooperative Telephone Company, Inc. will refund any unused portion of prepaid fees after satisfying any outstanding balances owed West River Cooperative Telephone Company, Inc. Termination for cause shall not entitle the terminated party to any refund or reimbursement whatsoever.
West River Cooperative Telephone Company, Inc. is not responsible for notifying anyone other than the you of a termination of your access to the Service. Upon termination of access, any banking, brokerage, or other third-party relationships will no longer be accessible through the Service. West River Cooperative Telephone Company, Inc. will not have any responsibility for consequences of such lack of access.
This Agreement, and all policies and guidelines referred to herein, which you accept by accepting and using the Service, constitutes the entire agreement between you and West River Cooperative Telephone Company, Inc. regarding use of the Service, and may be amended at any time and in any fashion by West River Cooperative Telephone Company, Inc. upon notice from West River Cooperative Telephone Company, Inc. to you. The provisions of this Agreement will continue in effect even after termination of your access. You can reach West River Cooperative Telephone Company, Inc. by calling (800)592-1803, sending e-mail to West River Cooperative Telephone Company, Inc. at: email@example.com, or by writing to:West River Cooperative Telephone Company, Inc. P.O. Box 39 Bison, SD 57620
Warranty and Limitation of Liability:
You agree that the laws of the State of South Dakota shall be applied in all matters pertaining to the construction and/or application of the terms of this Agreement. Your acceptance of this Agreement constitutes your consent and submission to personal jurisdiction of the courts of the State of South Dakota, with respect to any matter relating to your use of the Service.
[toggle title=”Section Eleven – Representation”]
You represent that you are of full age of legal majority and are not under any disability or restriction, and are in all respects fully authorized and empowered to enter into this Agreement and be bound by and perform in accordance with its terms. This document, when accepted by you, will impose certain legally enforceable obligations upon you. If you have any questions pertaining to the content or effect of this Agreement, it is your responsibility to contact your own legal advisor.