I. Service Contract - This is an Agreement for Internet service ("the Service") provided to the customer (“You"), subject to all applicable state and federal laws, rules and regulations. Any use by You of the Service shall be governed by the terms and conditions of this Agreement.
II. Agreement Terms - You acknowledge that this Agreement and the S&T service price list contain the entire Agreement between the parties and shall not be affected or altered by any other Agreement or representation, oral or otherwise, not contained herein. This instrument shall not be amended, altered or changed except by a written Agreement signed by the parties to this Agreement. You acknowledge that no S&T supplier, employee or agent is authorized to make any representation or warranty with respect to this Agreement, or to waive or alter any term or condition of this Agreement.
III. Governing Law - This Agreement shall be governed by applicable Federal law, the regulations of the Federal Communications Commission (FCC), by the laws of the State of Kansas, and by any tariff filed by S&T pursuant to such laws. This Agreement is subject to amendment, modification or termination if required by such regulation or laws. If any section of this contract is determined to be unenforceable, the contract shall be deemed to be amended so that the remaining provisions are enforceable. The parties agree that any dispute concerning the construction and/or validity of this Agreement shall be determined in the District Court of Thomas County, Kansas.
IV. Taxes and Surcharges - Except for the amount, if any, of state and local tax stated on the front page of this document, the prices set forth herein are exclusive of any amount of Federal, State and/or Local excise, sales, use, property, retailer's occupation or similar taxes. If any such excluded tax is determined to be applicable, then You shall pay to S&T the full amount of any such tax no later than Ten (10) days after receipt of an invoice therefore.
V. Limitations and Conditions of Liability/Indemnity - Service may be temporarily interrupted, delayed or otherwise limited due to: 1) transmission limitations; 2) system capacity limitations; 3) equipment modifications, upgrades, relocations, failures, repairs and/or similar activities; 4) failure of S&T suppliers; and 5) negligence of S&T. S&T therefore, assumes no duty to provide uninterrupted service to You or your authorized user. S&T and its suppliers shall not be in default nor shall they have any liability of any sort, including, but not limited to, direct, indirect, special, incidental, or consequential damages and no credits shall be given for interruptions, delays, or failures in transmission as a result of: 1) any of the above referenced conditions; 2) your negligent or willful act; 3) the failure of equipment or service not provided through S&T facilities; and 4) acts of God, fire, riots, government authorities or other causes beyond the control of S&T. You agree that the liability of S&T if any, for interruptions, delays, and failures in transmission of service (service problems) to You, whether caused by the negligence of S&T or otherwise, is hereby limited to the allowance of a credit in the form of an adjustment for no more than the charges billed by S&T to You for service for the period during which the service problem occurred, except that no credit shall be given for a service problem of less than 24 hours duration. No credit shall exceed the service charges billed for the period during which the service problem occurred. S&T has the right to require that credit be applied for upon written request and to deny any request for credit for an alleged service problem where the evidence of such problem is inconclusive or the request is otherwise unwarranted or insufficient. Except as provided above, You hereby agree that S&T shall not be liable for and shall be held harmless by You from and against any and all claims and damages arising out of the use of any service and/or equipment provided under this contract as well as any damages arising out of or attributed, directly or indirectly, to service problems. S&T makes no express or implied warranties except as specifically set forth on this contract and specifically disclaims any warranty of merchantability fitness for a particular purpose.
VI. Notices - Service of all notices under this Agreement shall be sufficient if given personally or mailed to the party involved at its respective address or at such other address as the party may provide in writing. Any notice mailed to such address shall be effective when deposited in the United States mail, properly addressed and with prepaid postage.
VII. Changes in Charges, Terms and Conditions - Charges, Terms, and Conditions are subject to change by S&T You will be notified of any rate increases 30 days in advance.
VIII. Use of Service - Service is provided for your use. You are responsible for ensuring that the unit is technically and operationally compatible with S&T's system and in conformance with applicable statutes, rules and regulations. You will not use the unit for any unlawful or abusive purposes either to the Company, its employees, to third parties or the general public. If your use of the unit adversely affects the service provided to other customers, S&T reserves the right to terminate this Agreement without notice. S&T reserves the right to disconnect if You use the Internet service in an "unacceptable" manner as determined by S&T "Unacceptable" includes, but is not limited to: 1) use in violation of any laws of U.S. or Kansas or in any other illegal manner; 2) use which violates "basic politeness," as defined by S&T, 3) use to communicate threats via the e-mail; and 4) use to send unsolicited electronic messages that constitute a "nuisance" as defined by S&T.
IX. Termination - Upon nonpayment of any sum due S&T hereunder for any service, repair, or equipment furnished in connection with your equipment, or upon a violation of any of the conditions of this contract, subject to any applicable regulation, S&T may, by notice in writing to You, without incurring any liability, either temporarily discontinue your service or terminate the contract. S&T may also terminate service in the event of your insolvency, receivership, voluntary or involuntary bankruptcy, assignment for the benefit of creditors or sale of substantially all of your assets. Service may be refused or discontinued without notice in the event that: 1) service is used in such a manner that will adversely affect S&T's service to others or is otherwise in violation of any statutes, rules or regulations; 2) services are not available from the network provider or its successor; 3) your credit information provided to S&T is inaccurate; 4) S&T becomes aware of facts indicating that your credit standing has deteriorated; or 5) any information provided is incorrect or incomplete. If your service(s) become(s) temporarily disconnected, whether voluntarily, or involuntarily, you will be subjected to a monthly fee.
X. Miscellaneous - Any failure of S&T to require strict performance by You or any waiver by S&T of any provision herein shall not be construed as consent or waiver of any other breach of the same or any other provision. In the event legal action is initiated by either party concerning this Agreement, the most prevailing party therein shall be entitled to costs and reasonable attorney's fees, including costs and fees on appeal, unless otherwise prohibited by law. S&T may assign all or part of this Agreement by giving You written notice of such assignment and You shall make all subsequent payments as instructed in such notice. You may not assign your rights or delegate your duties under this Agreement without S&T's prior written consent.
XI. Billing - You are responsible for paying the monthly service charges and feature charges. Prepaid charges will not be refunded for termination of service prior to the end of the billing cycle. All services that S&T performs on your equipment to make it compatible with S&T's service, will be billed to you at the current hourly rate.
Pursuant to the Federal Communications Commission’s (“FCC’s”) Open Internet Rules found in Part 8 of Title 47 of the Code of Federal Regulations, the policies of S&T Communications, LLC. (“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 Provider’s broadband Internet access services and the extent to which Provider’s network management practices may affect those services.
1. 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.
1.1 Blocking, Throttling, and Prioritization. Provider does not block or otherwise prevent customer access to lawful content, applications, services, or non-harmful devices. Provider does not degrade or impair customer access to lawful Internet traffic on the basis on content, application, services, user, or use of a non-harmful device. Provider does not directly or indirectly favor some traffic over other traffic to benefit an affiliate’s content, services, or applications. Provider does not directly or indirectly favor some traffic over other traffic in exchange for monetary consideration or other value.
1.2 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 will 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 Provider’s 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 do anything they want online, 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.
1.3 Application-Specific Behavior. Provider does not make use of any application- specific network management practices. Provider does not favor, modify, inhibit, rate control or block any specific protocols, protocol ports or fields, or any applications or classes of applications.
1.4 Device Attachment Rules. In order for a device to be approved for use on Provider’s network, the device must conform to lawfully publicly available industry standards and be non-harmful to Provider’s network.
General restrictions on types of devices to connect to network. Our broadband Internet service works with most PCs and laptops including Macs, and other Internet compatible devices like game systems and Internet-enabled TVs. If a password-protected wireless router is connected to our broadband Internet service, wireless Internet compatible devices properly connected to the router including computers, tablets, smartphones, and other devices can connect to our network. If a customer or potential customer believes they have an unusual configuration, our customer service department will help determine if there is a compatibility problem.
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.
1.5 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. Provider currently utilizes a custom built application for spam and virus filtering.
2. Performance Characteristics. Provider offers broadband Internet access service via Fiber-To-The-Premise (“FTTP”), Digital Subscriber Line (“DSL”), hybrid fiber-coax (cable modem), and fixed Wireless. The advertised speed of Provider’s Internet service are available at www.sttelcom.com. 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 business from Provider’s Central Office (e.g., the further the customer is from the Central Office, the slower the broadband speed); wireless interference; the end user’s computer, modem or router; activity during peak usage periods; and other Internet traffic. Customer Speed Test. We provide an online speed test for our customers, available at http://www.sttelcom.com/speedtest.
3. Commercial 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, bundled service choices and ala carte alternatives. To see Provider’s current promotions and pricing on broadband Internet access service, please visit our website at www.sttelcom.com or call 785-460-7300 to speak with a customer service representative.
3.1 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. Provider presently has an early termination fee.
3.2 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. For additional information on Provider’s fee schedule for additional network services, visit Provider’s website at www.sttelcom.com.
3.4 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:
S&T Communications, LLC.
Attn: Network Operations
PO Box 99
Brewster, KS 67732
Furthermore, if you believe Provider is in violation of the FCC’s Open Internet Rules, you may file either an informal or formal complaint with the FCC (http://esupport.fcc.gov/complaints.htm).
3.5 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.
Capital credits are allocated, based on a formula of several factors. The two primary factors each year that determine an individual's capital credits are the amount of profit the company generates and the amount that you, our customer, spends on our service.
You may be eligible to receive a discount of up to $17.02 off your monthly voice service through the Lifeline Program. For more information contact your local S&T office.
S&T Telephone Cooperative Association is an equal opportunity provider and employer.
If you wish to file a Civil Rights program complaint of discrimination, complete the USDA
Program Discrimination Complaint Form, found on line at http://www.ascr.usda.gov/complaint_filing_cust.html or at any USDA office, or call (866) 632-9992 to request the form. You may also write a letter containing all of the information requested in the form. Send your completed complaint form or letter to the USDA by mail at:
U.S. Department of Agriculture Director
Office of Adjudication
1400 Independence Avenue, S.W.
Washington, D.C. 20250-9410
or by fax (202) 690-7442 or email at firstname.lastname@example.org
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