Please click below to view Peñasco Valley Telephone Cooperative, Inc. (“PVT”) policies and disclaimers:

This Privacy Policy covers all web sites under the pvt.com domain (such as www.pvt.com) and applies to all customers of PVT’s services (the “Service”). We encourage you to read the entire Policy and check this page periodically for any changes or updates. By using the Service, you expressly consent to the terms of this Policy, as it may be changed from time to time.

PVT is committed to maintaining your privacy and believes that, as a subscriber to the Service, you are entitled to know PVT’s information practices. This includes the limitations which PVT observes in the collection and disclosure of personally identifiable subscriber information, the type of personally identifiable information we collect, how we use subscriber information, under what conditions we may disclose this information, the period during which we maintain it and the rights of subscribers concerning this information and its disclosure.

If you have questions or concerns regarding this Policy, you should contact PVT at the contact information near the end of this Policy.

Information Collection

PVT collects information from you at several different points on the Service. Some of this information is personally identifiable information, but much of it is not. Personally identifiable information is information that identifies a particular person. When you establish an account for the Service we collect information such as your name, address, telephone number, e-mail address, as well as information used for billing, and payment (including bank and credit card information), and other information we may need to establish and service an account. During the initial provisioning of the Service, and any subsequent changes or updates to that provisioning, PVT collects technical information about your computer hardware and software, modem and/or other service-related devices, and customization settings and preferences.

PVT also collects personally identifiable information about you when you communicate with us for, among other things, support, maintenance, and billing, send us e-mails, respond to our surveys or e-mails, engage in chat sessions with us, register for information, or participate in promotions or contests. In addition, PVT may combine personally identifiable information, which we collect as part of our regular business records, with personally identifiable information obtained from third parties for the purpose of creating an enhanced personal database to use in marketing and other activities related to the Service and our other services.

Information Use and Disclosure

PVT considers the personally identifiable information contained in our business records to be confidential. Applicable law authorizes PVT to disclose personally identifiable information concerning any subscriber if the disclosure is:

  • necessary to render, or conduct a legitimate business activity related to, the Service and Service features or other services provided to the subscriber; or
  • required by law or legal process (as described below in this Policy); or
  • limited to the names and addresses of subscribers for “mailing list” or other purposes (subject to each subscriber’s right to prohibit or limit this disclosure as described below in this Policy).

In addition, PVT may use and disclose personally identifiable information collected from you your use of the Service as provided for by applicable law in order to:

  • install, configure, operate, provide, support, and maintain the Service;
  • confirm that you are receiving the service requested and are properly billed for it;
  • identify you when changes are made to your Service account;
  • make you aware of new products or services that may be of interest to you;
  • understand the use of, and identify improvements to, our Service;
  • detect unauthorized reception, use, or abuse of the Service;
  • determine whether there are violations of any applicable policies and terms of Service;
  • configure modems and/or other service-related devices; and
  • comply with applicable law and take steps to prevent fraud.

PVT may also use and disclose personally identifiable information as provided for by applicable law in order to perform, for example:

  • billing and invoicing;
  • administration;
  • surveys;
  • collection of fees and charges;
  • marketing;
  • service delivery and customization;
  • maintenance and operations;
  • technical support;
  • procurement of services, hardware or software necessary to the Service or offered through the Service hardware and software upgrades; and
  • fraud prevention

In connection with the activities listed above, we sometimes disclose personally identifiable information about you to our affiliates or to others who work for us. We sometimes also disclose personally identifiable information about you to our employees for PVT’s internal business purposes, as well as to outside auditors, professional advisors and service providers, potential business transition partners, and regulators. Typically, we make these disclosures when the disclosure is necessary to render, or conduct a legitimate business activity related to the Service or other services we provide to you. We may be required by law or legal process to disclose certain personally identifiable information about you to lawyers and parties in connection with litigation and to law enforcement personnel. We may also disclose certain personally identifiable information about you to third parties such as, for example, charities, marketing organizations, or other businesses, in connection with disclosures made for “mailing list” or other purposes as described below in this Policy.

Legal Disclaimer

We make every reasonable effort to protect subscriber privacy as described in this Policy. Nevertheless, we may be required by law to disclose personally identifiable information about a subscriber without his or her consent and without notice in order to comply with a valid legal process such as a subpoena, court order, or search warrant. We may also use or disclose personally identifiable information about you without your consent to protect our customers, employees, or property, in emergency situations, to enforce our rights in court or elsewhere, or directly with you, and for violations of the Service’s terms of service and policies (including our Customer Agreement, Acceptable Use Policy and Fair Access Policy).

Transmission of Information

PVT transmits personally identifiable and non-personally identifiable information about you over the Service when you send and receive e-mail, chat, send instant messages, transfer and share files, make files accessible, visit Web sites, or otherwise use the Service and its features. Our transmission of this information is necessary to render the Service.

PVT uses third parties to deliver some features and functions of the Service, including customer and technical support, e-mail, instant messaging, and web hosting, and those third parties collect or transmit personally identifiable and non-personally identifiable information about you. These third parties are not permitted to use your personally identifiable information except for the purpose of providing their services. We will not read your outgoing or incoming e-mail, private chat, or instant messages, but we (or our third party providers) do store e-mail messages on computer systems for a period of time. We could be required to disclose these messages and communications along with other personally identifiable information about you to comply with law or to protect our Service as described in the Legal Disclaimer section of this Policy.

We also monitor the performance of our Service and your Service connection in order to manage, maintain, and improve the Service and your connection to it. We (or our third party providers) use tools to help prevent and block “spam” e-mails, viruses, spyware, and other harmful or unwanted communications and programs on the Service. These tools may automatically scan your e-mails, instant messages, file attachments, and other files and communications in order to help us protect you and the Service against these harmful or unwanted communications and programs. These tools do not collect or disclose personally identifiable information about you.

Service Providers

We contract with third parties to provide specific services and features for the Service. For example, our newsgroups are provided by a third party. When you use these particular services, generally you provide your name and specific Service-related information directly to the third party service provider. If you become a customer of these third parties directly, then you will be subject to their terms of service and privacy policies. You should carefully read their terms and policies to understand how they may use personally identifiable information about you.

Business Transitions

If PVT enters into a merger, acquisition, or sale transaction of all or a portion of its assets, subscribers’ personally identifiable information will, in most instances, be one of the items transferred as part of the transaction. If, as a result of the business transition this Policy will be changed, you should refer to the Notification of Changes to this Policy section. Aggregate information may also be transferred in connection with a business transition.

Preferences

We store information that you provide to personalize your settings on the Service so that you don’t have to change these settings each time you use the Service. We do not share your preferences with third parties except for service providers or other third parties who may provide certain components of the Service.

Cookies

Cookies are small files stored on a computer’s hard drive to simplify and improve a user’s Web experience. A Web site may store information in a cookie about your computer configuration so that it can more efficiently provide information to you the next time you visit the site. Or, your browser program might save a cookie with a reference key linking to your username and password on a remote server so that a Web site’s server will automatically recognize you the next time you access the site.

PVT uses cookies to remember your username and password, if you choose to store them, from the home page of the Service at www.PVT.com, as well as to remember some of your personalization preferences. PVT also uses cookies to determine when your current session on the Service’s Web site should be logged out after a period of no activity, as well as for efficient management of the servers providing our Web site including when you access the Personal Web Space services. In addition, PVT uses cookies to determine whether you are accessing the website at www.PVT.com or features of the Service from our Service or another Internet service provider. We do this in order to authenticate access to certain features of the Service, and to enable certain communications between Service subscribers. Aside from this reference by the cookie, PVT does not store your name or other personal information in cookies.

Some of our business relationships are with vendors who may use cookies (for example, search engines) or in connection with their own advertisers and other business partners. However, we have no access to or control over these third party cookies. For more information about how these vendors and their business partners use cookies, and how you may be able to “opt-out” of those cookies, read the privacy policy that applies to each vendor’s Web site. This Policy covers the use of cookies by PVT under the PVT.com domain; it does not cover the use of cookies by any other party or Web site unless stated otherwise.

Log Files and Web Site and E-mail Management

Like many Web sites, the Service’s Web site servers generate log files. These logs record aggregate (non­personally identifiable) information about site usage such as Internet protocol (IP) addresses, browser types, Internet service providers, referring/exit pages, pages accessed, platform types, date/time stamps, times of use, and page views, for example. This information is necessary to analyze trends, administer the Service’s Web site, balance web traffic, evaluate users’ electronic browsing in the aggregate, and gather broad demographic information for aggregate use.

Communications from PVT

Special Offers and Updates

We send all new subscribers to the Service a welcome e-mail and sometimes other information. Subscribers who would like to receive information from us about products, services, and special offers, promotions, and features may do so. See the Choice and Contact Preferences section of this Policy to learn how to opt in or opt out of receiving these types of promotional communications.

Service Announcements

We send subscribers Service-related announcements from time to time. For example, we may send you an e-mail announcement about a pricing change, a change in operating policies, or new features of the Service. You may not opt-out of these Service-related communications, though you can deactivate your Service account if you wish. If you fail to check your Service account and primary e-mail address for Service-related announcements, you may miss important information about the Service, including legal notices, for example.

Customer Service

We communicate with you to provide requested services and support for questions and issues relating to your Service account. We will reply to your requests for customer service by e-mail, phone, discussion forum, or through any other reasonable means.

Links

The Service’s Web site contains links to other sites. Some of these other sites may be co-branded with PVT and may look like Service features, but PVT is not responsible for the privacy practices of these other sites. We encourage you to be aware when you leave our Web site and to read the privacy policies of every Web site that collects personally identifiable information about you, whether the site is co-branded with PVT or not.

Security

PVT takes the security of our subscribers’ personally identifiable information seriously. We follow industry-standard practices to take such actions as are necessary to prevent unauthorized access to personally identifiable information by a person other than the subscriber or us. However, we cannot guarantee that these practices will prevent every unauthorized attempt to access, use, or disclose personally identifiable information.

Correcting and Accessing Information

If your personally identifiable information changes, if you wish to confirm the accuracy of your personally identifiable information, or if you no longer want to subscribe to the Service, we provide a way to correct that information and a way to deactivate a Service account.. You may contact us by telephone at the contact information listed below to correct information or deactivate your Service account. In addition, you may examine and copy any personally identifiable information we collect and maintain relating to you at your local PVT office upon reasonable notice and during regular business hours. If you wish to inspect those records, please contact us by telephone at 1-800-505-4844, giving us a reasonable period of time to locate and, if necessary, prepare the information for review, and to arrange an appointment during regular business hours. We will correct our records if you make a reasonable showing that any of the personally identifiable information we have collected about you is inaccurate. You will only be permitted to examine records that contain information about you and no one else. PVT reserves the right to charge you for the cost of photocopying any documents that you request.

Enforcement

You, as a subscriber to the Service, may enforce the limitations imposed on PVT by applicable federal law with respect to the collection and disclosure of personally identifiable information about you. You may do so through a civil action under federal law, in addition to other rights and remedies that may be available to you under federal or other applicable laws.

Retention of Information

PVT maintains personally identifiable information about you in our regular business records while you are a subscriber to the Service. We also maintain this information for a period of time after you are no longer a subscriber if the information is necessary for the purposes for which it was collected or to satisfy legal requirements. These purposes typically include business, legal, or tax purposes. If there are no pending requests, orders, or court orders for access to this personally identifiable information and the information is no longer necessary for the purposes for which it was collected, we will destroy the information within a reasonable time period or within a required timeframe established under applicable law, whichever is shorter.

Notification of Changes to this Policy

If we change this Policy (which we may do at any time), we will post those changes on the homepage of the Service Web site, or in other places we deem appropriate, so our subscribers are aware of what information we collect, how we use it, and under what circumstances, if any, we disclose it. We will use information in accordance with the Privacy Policy under which the information was collected. Your decision to continue receiving the Service after we make any changes to this Policy shall be deemed to be your express consent to the changes in the revised Policy.

Contact Information

If you have any questions or suggestions regarding this Policy, or wish to contact us about your personal information, please contact us at 1.800.505.4844.

Special Note about Children

The Service is not directed to children under the age of 13, and PVT does not knowingly collect personally identifiable information from anyone under the age of 18 on the Service unless expressly specified on the appropriate pages of the Service website. On those pages, PVT or its service providers will provide a special notice or other information describing any additional privacy protections that may apply. Children should always get permission from a parent or legal guardian before sending any information about themselves (such as their names, e-mail addresses, and telephone numbers) over the Internet, to us or to anyone else.

PVT’s FCC Public Inspection Files may be found at this link: https://publicfiles.fcc.gov/cable-system/002417-pvt-networks-inc

If you are a person with disabilities who needs assistance with issues related to the content of the public files, please contact Athena Valdez or Dale Laman, who can be reached at 575-748-1241.

PEÑASCO VALLEY TELEPHONE COOPERATIVE, INC. (“PVT”) ACCEPTABLE USE POLICY

THESE TERMS AND CONDITIONS STATE IMPORTANT REQUIREMENTS REGARDING YOUR USE OF PVT’S INTERNET ACCESS SERVICE AND YOUR RELATIONSHIP WITH PVT. YOU SHOULD READ THEM CAREFULLY AS THEY CONTAIN IMPORTANT INFORMATION REGARDING YOUR RIGHTS AND OURS.

IF YOU DO NOT AGREE TO THESE TERMS AND CONDITIONS, YOU MAY NOT USE THE SERVICE AND YOU MUST TERMINATE YOUR SERVICE IMMEDIATELY

PVT may revise this Acceptable Use Policy (the “Policy”) from time to time without notice by posting a new version of this document on PVT.com, or any successor URL(s). All revised copies of the Policy are effective immediately upon posting. Accordingly, customers and users of the PVT High­Speed Internet Service should regularly visit these web sites and review this Policy to ensure that their activities conform to the most recent version. In the event of a conflict between any subscriber or customer agreement and this Policy, the terms of this Policy will govern. Questions regarding this Policy and complaints of violations of it by PVT customers and users can be directed to PVT via “Help” email obtainable at PVT.com.

It is PVT’s intent to provide our customers with the best Internet service possible. In order to accomplish this task, we have adopted this Acceptable Use Policy (the “AUP” or “Policy”). This Policy outlines acceptable use of the PVT High­Speed Internet access service (the “Service”), as well as permissible and prohibited conduct for using the Service to access the Internet. This Policy, including its customer use restrictions, is in addition to the restrictions contained in the PVT High­Speed Internet Customer Agreement (the “Customer Agreement”). All capitalized terms used in this AUP that are not defined here have the meanings given to them in the Customer Agreement.

It is the responsibility of all PVT High­Speed Internet customers and all others who have access to PVT’s network (“customer,” “you,” or “your”), to comply with this AUP and all PVT policies. As a Service customer, it is your responsibility to secure your computer equipment so that it is not subject to external threats such as viruses, spam, and other methods of intrusion. Failure to comply with these or any other PVT policies could result in the suspension or termination of your Service. If you do not agree to comply with all of these policies including the AUP, you must immediately stop use of the Service and notify PVT so that your account may be closed.

Note: PVT reserves the right to immediately terminate the Service and the Customer Agreement if you engage in any of the prohibited activities listed in this AUP or if you use the PVT Equipment or Service in a way which is contrary to any PVT policies or any of PVT’s suppliers’ policies. You must strictly adhere to any policy set forth by another service provider accessed through the Service.

Prohibited Uses and Activities

Prohibited uses include, but are not limited to, using the Service, Customer Equipment, or the PVT Equipment to:

(i) undertake or accomplish any unlawful purpose. This includes, but is not limited to, posting, storing, transmitting or disseminating information, data or material which is libelous, obscene, unlawful, threatening, defamatory, or which infringes the intellectual property rights of any person or entity, or which in any way constitutes or encourages conduct that would constitute a criminal offense, give rise to civil liability, or otherwise violate any local, state, federal or international law, order or regulation;

(ii) post, store, send, transmit, or disseminate any information or material which a reasonable person could deem to be objectionable, offensive, indecent, pornographic, harassing, threatening, embarrassing, distressing, vulgar, hateful, racially or ethnically offensive, or otherwise inappropriate, regardless of whether this material or its dissemination is unlawful;

(iii) access any other person’s computer or computer system, software, or data without their knowledge and consent; breach the security of another user; or attempt to circumvent the user authentication or security of any host, network, or account. This includes, but is not limited to, accessing data not intended for you, logging into or making use of a server or account you are not expressly authorized to access, or probing the security of other hosts, networks, or accounts;

(iv) use or distribute tools designed or used for compromising security, such as password guessing programs, decoders, password gatherers, analyzers, cracking tools, packet sniffers, encryption circumvention devices, or Trojan Horse programs. Network probing or port scanning tools are only permitted when used in conjunction with a residential home network, or if explicitly authorized by the destination host and/or network. Unauthorized port scanning, for any reason, is strictly prohibited;

(v) upload, post, publish, transmit, reproduce, create derivative works of, or distribute in any way information, software or other material obtained through the Service or otherwise that is protected by copyright or other proprietary right, without obtaining permission of the owner;

(vi) copy, distribute, or sublicense any software provided in connection with the Service by PVT or any third party, except that you may make one copy of each software program for back­up purposes only;

(vii) restrict, inhibit, or otherwise interfere with the ability of any other person, regardless of intent, purpose or knowledge, to use or enjoy the Service, including, without limitation, posting or transmitting any information or software which contains a worm, virus, or other harmful feature, or generating levels of traffic sufficient to impede others’ ability to send or retrieve information;

(viii) restrict, inhibit, interfere with, or otherwise disrupt or cause a performance degradation, regardless of intent, purpose or knowledge, to the Service or any PVT (or PVT supplier) host, server, backbone network, node or service, or otherwise cause a performance degradation to any PVT (or PVT supplier) facilities used to deliver the Service;

(ix) resell the Service or otherwise make available to anyone outside the Premises the ability to use the Service (i.e. wi­fi, or other methods of networking), in whole or in part, directly or indirectly, or on a bundled or unbundled basis. The Service is for personal and non­commercial use only and you agree not to use the Service for operation as an Internet service provider or for any business enterprise or purpose, or as an end­point on a non­PVT local area network or wide area network;

(x) connect multiple computers behind the cable modem to set up a LAN (Local Area Network) that in any manner would result in a violation of the terms of this Policy or an applicable Service plan;

(xi) transmit unsolicited bulk or commercial messages or “spam.” This includes, but is not limited to, unsolicited advertising, promotional materials or other solicitation material, bulk mailing of commercial advertising, chain mail, informational announcements, charity requests, and petitions for signatures;

(xii) send numerous copies of the same or substantially similar messages, empty messages, or messages which contain no substantive content, or send very large messages or files to a recipient that disrupts a server, account, newsgroup, or chat service;

(xiii) distribute programs that remove locks or time­outs built into software (cracks);

(xiv) run programs, equipment, or servers from the Premises that provide network content or any other services to anyone outside of your Premises LAN (Local Area Network), also commonly referred to as public services or servers. Examples of prohibited services and servers include, but are not limited to, e­mail, Web hosting, file sharing, and proxy services and servers;

(xv) initiate, perpetuate, or in any way participate in any pyramid or other illegal soliciting scheme;

(xvi) participate in the collection of e­mail addresses, screen names, or other identifiers of others (without their prior consent), a practice sometimes known as spidering or harvesting, or participate in the use of software (including “spyware”) designed to facilitate this activity;

(xvii) collect responses from unsolicited messages;

(xviii) impersonate any person or entity, engage in sender address falsification, forge anyone else’s digital or manual signature, forge any TCP/IP packet header (or any part of the header information in an email or a newsgroup posting) or gain access to any account or computer resource not belonging to you (e.g., “spoofing”) or otherwise hack, crack into, monitor, access, use, probe, or scan without authorization any system, network, data, traffic or security authentication measure or perform any other similar fraudulent activity;

(xix) service, alter, modify, or tamper with the PVT Equipment or Service or permit any other person to do the same who is not authorized by PVT;

(xx) connect the PVT Equipment to any computer outside of your Premises;

(xxi) collect, or attempt to collect, personal information about third parties without their consent;

(xxii) interfere with computer networking or telecommunications service to any user, host or network, including, without limitation, denial of service attacks, flooding of a network, overloading a service, improper seizing and abuse of operator privileges and attempts to “crash” a host; and

(xxiii) violate the rules, regulations, or policies applicable to any network, server, computer database, or Web site that you access.

Prohibited Activities (specifically related to Cable TV)

PVT will not authorize or permit the exhibition of any inDemand Pay­Per­View Program or any inDemand Pay­Per­View Channel(s) in non­residential establishments, including, without limitation: (i) any locations open to the public; (ii) locations where an admission fee, cover charge, minimum or like sum is charged; (iii) commercial establishments, such as restaurants and bars, (iv) other non­residential buildings, such as hospitals, police stations, nursing homes, prisons, penal institutions, schools, libraries, and (v) or any public or common area in a residential building (such as an apartment house lobby) or otherwise. inDemand Pay­Per­View is not available to any commercial establishment.

Security

You are responsible for any misuse of the Service, even if the misuse was committed by a friend, family member, or guest with access to your Service account. Therefore, you must take steps to ensure that others do not use your account to gain unauthorized access to the Service by, for example, strictly maintaining the confidentiality of your Service login and password. In all cases, you are solely responsible for the security of any device you choose to connect to the Service, including any data stored or shared on that device. Account functions such as verifying and maintaining the account, options and settings, must be performed by a person at least 18 years of age, without exception. PVT recommends against enabling file or printer sharing of any sort unless you do so in strict compliance with all security recommendations and features provided by PVT and the manufacturer of the applicable file or printer sharing devices. Any files or devices you choose to make available for shared access on a home LAN, for example, should be protected with a strong password or as otherwise appropriate.

Inappropriate Content and Transmissions

PVT reserves the right, but not the obligation, to refuse to transmit or post and to remove or block any information or materials, in whole or in part, that it, in its sole discretion, deems to be offensive, indecent, or otherwise inappropriate, regardless of whether this material or its dissemination is unlawful. Neither PVT nor any of its affiliates, suppliers, or agents have any obligation to monitor transmissions or postings (including, but not limited to, e­mail, newsgroup, and instant message transmissions as well as materials available on the Personal Web Pages and Online Storage features) made on the Service. However, PVT and its affiliates, suppliers, and agents have the right to monitor these transmissions and postings from time to time for violations of this Policy and to disclose, block, or remove them in accordance with the Subscriber Agreement and any other applicable agreements and policies.

Electronic Mail

The Service may not be used to send unsolicited bulk or commercial messages and may not be used to collect responses from unsolicited e­mail sent from accounts on other Internet hosts or e­mail services that violate this Policy or the acceptable use policy of any other Internet service provider. Moreover, unsolicited e­mail may not direct the recipient to any Web site or other resource that uses the Service. Activities that have the effect of facilitating unsolicited commercial e­mail or unsolicited bulk e­mail, whether or not the e­mail is commercial in nature, are prohibited. Forging, altering, or removing electronic mail headers is prohibited. You may not reference PVT or the PVT network (e.g. by including “Organization: PVT” in the header or by listing an IP address that belongs to PVT or the PVT network) in any unsolicited e­mail even if that e­mail is not sent through the PVT network or Service.

PVT is not responsible for forwarding e­mail sent to any account that has been suspended or terminated. This e­mail will be returned to the sender, ignored, deleted, or stored temporarily at PVT’s sole discretion. In the event that PVT believes in its sole discretion that any subscriber name, account name, or e­mail address (collectively, an “identifier”) on the Service may be used for, or is being used for, any misleading, fraudulent, or other improper or illegal purpose, PVT (i) reserves the right to block access to and prevent the use of any such identifier and (ii) may at any time require any customer to change his or her identifier. In addition, PVT may at any time reserve any identifiers on the Service for PVT’s own purposes. PVT reserves the right to deactivate email accounts that have not been accessed for a period of 180 consecutive days.

Newsgroups

Messages posted to newsgroups must comply with the written charters or FAQs for those newsgroups as well as any other terms and conditions applicable to any particular newsgroups or provider of newsgroups. Advertisements, solicitations, or other commercial messages should be posted only in those newsgroups whose charters or FAQs explicitly permit them. You are responsible for determining the policies of a given newsgroup before posting to it. PVT reserves the right to discontinue access to any newsgroup at any time for any reason. PVT permits users of the Service to download a maximum of one gigabyte (1GB) of newsgroup content in any one month, unless users are subject to a Service plan that permits downloading more newsgroup content.

Instant Messages

Users alone are responsible for the contents of their instant messages and the consequences of any instant messages. PVT assumes no responsibility for the timeliness, mis­delivery, deletion or failure to store instant messages.

Personal Web Page and File Storage

As part of the Service, PVT provides you with access to personal Web pages and storage space through the Personal Web Pages and Online Storage features (collectively, the “Personal Web Features”). You are solely responsible for any information that you or others publish or store on the Personal Web Features. You must ensure that the intended recipient of any content made available through the Personal Web Features is appropriate. For example, you must take appropriate precautions to prevent minors from receiving or accessing inappropriate content. PVT reserves the right to remove, block, or refuse to post or store any information or materials, in whole or in part, that it, in its sole discretion, deem to be offensive, indecent, or otherwise inappropriate regardless of whether this material or its dissemination is unlawful. This includes, but is not limited to: obscene material; defamatory, fraudulent or deceptive statements; threatening, intimidating or harassing statements, or material that violates the privacy rights or property rights of others (copyrights or trademarks, for example). For purposes of this Policy, “material” refers to all forms of communications including narrative descriptions, graphics (including photographs, illustrations, images, drawings, logos), executable programs and scripts, video recordings, and audio recordings. PVT may remove or block content contained on your Personal Web Features and terminate your Personal Web Features and/or your use of the Service if we determine that you have violated the terms of this Policy.

Network, Bandwidth, Data Storage and Other Limitations

You must comply with all current bandwidth, data storage, and other limitations on the Service established by PVT and its suppliers. In addition, you may only access and use the Service with a dynamic Internet Protocol (“IP”) address that adheres to the dynamic host configuration protocol (“DHCP”). You may not access or use the Service with a static IP address or using any protocol other than DHCP unless you are subject to a Service plan that expressly permits otherwise.

You must ensure that your activity (including, but not limited to, use made by you or others of any Personal Web Features) does not improperly restrict, inhibit, or degrade any other user’s use of the Service, nor represent (in the sole judgment of PVT) an unusually large burden on the network. In addition, you must ensure that your activities do not improperly restrict, inhibit, disrupt, degrade or impede PVT’s ability to deliver the Service and monitor the Service, backbone, network nodes, and/or other network Services.

PVT does not routinely monitor the activity of Service accounts for violation of this AUP. However, in our efforts to promote good citizenship within the Internet community, we will respond appropriately if we become aware of inappropriate use of our Service. Although PVT has no obligation to monitor the Service and/or the network, PVT and its suppliers reserve the right at any time to monitor bandwidth, usage, transmissions, and content from time to time to operate the Service; to identify violations of this Policy; and/or to protect the network, the Service and PVT users.

PVT prefers to advise customers of inappropriate behavior and any necessary corrective action. However, if the Service is used in a way that PVT or its suppliers, in their sole discretion, believe violate this AUP, PVT or its suppliers may take any responsive actions they deem appropriate. These actions include, but are not limited to, temporary or permanent removal of content, cancellation of newsgroup posts, filtering of Internet transmissions, and the immediate suspension or termination of all or any portion of the Service. Neither PVT nor its affiliates, suppliers, or agents will have any liability for any these responsive actions. These actions are not PVT’s exclusive remedies and PVT may take any other legal or technical action it deems appropriate.

PVT reserves the right to investigate suspected violations of this AUP, including the gathering of information from the user or users involved and the complaining party, if any, and examination of material on PVT’s servers and network. During an investigation, PVT may suspend the account or accounts involved and/or remove or block material that potentially violates this Policy. You expressly authorize PVT and its suppliers to cooperate with (i) law enforcement authorities in the investigation of suspected legal violations, and (ii) and system administrators at other Internet service providers or other network or computing facilities in order to enforce this Policy. This cooperation may include PVT providing available personally identifiable information about you to law enforcement or system administrators, including, but not limited to, username, subscriber name, and other account information. Upon termination of your account, PVT is authorized to delete any files, programs, data and e­mail messages associated with your account.

The failure of PVT or its suppliers to enforce this AUP, for whatever reason, shall not be construed as a waiver of any right to do so at any time. You agree that if any portion of this Policy is held invalid or unenforceable, that portion will be construed consistent with applicable law as nearly as possible, and the remaining portions will remain in full force and effect.

The provisions of this Policy are not meant to be exhaustive. Generally, conduct that violates law, regulation, or the accepted norms and ethics of the Internet community or the community at large, whether or not expressly mentioned in this Policy, is prohibited. We reserve the right at all times to prohibit activities that damage our commercial reputation and goodwill or affect the quality of our services or our ability to provide services.

You shall comply with all applicable local, state, national and international laws and regulations, including those related to data privacy, international communications, and exportation or technical or personal data. You represent that you are not a specifically designated individual or entity under any US embargo or otherwise the subject, either directly or indirectly (by affiliation, or any other connection with another party) to any order issued by any agency of the US Government limiting, barring, revoking or denying, in whole or in part your US export privileges. You agree to notify PVT if you become subject to any such order.

You agree to indemnify, defend and hold harmless PVT and its affiliates, suppliers, and agents against all claims and expenses (including reasonable attorney fees) resulting from you engaging in any of the prohibited activities listed in this AUP or resulting from your violation of the AUP or of any other posted PVT policy related to the Service. Your indemnification will survive any termination of the Subscriber Agreement.

Unlimited Long Distance (Telephone Customers)

PVT’S UNLIMITED LONG DISTANCE SERVICE IS A SERVICE OFFERED FOR REASONABLE VOICE USE ONLY.

All toll calls outside of the contiguous 48 states will be charged standard PVT long distance rates. Subscriber acknowledges use of this service for data, modem, VPN, or other non­voice services, other than standard facsimile are strictly prohibited. Any form of mass or junk faxing is prohibited. PVT reserves the right to suspend or terminate the Unlimited Long Distance Service to Subscriber for any violation of this Agreement or the Terms of Use.

WARRANTIES AND LIMITATION OF LIABILITY.

YOU ACKNOWLEDGE AND AGREE THAT THE SERVICE SUPPLIED HEREUNDER IS PROVIDED ON AN “AS IS” OR “AS AVAILABLE” BASIS, WITH ALL FAULTS. EXCEPT AS OTHERWISE SPECIFICALLY SET FORTH IN THIS AGREEMENT AND AS OTHERWISE SPECIFICALLY SET FORTH IN ANY MANUFACTURER WARRANTY FOR ANY EQUIPMENT PROVIDED BY PVT (BUT ONLY IF SUCH WARRANTY IS INCLUDED WITH SUCH EQUIPMENT), PVT (AND ITS OFFICERS, EMPLOYEES, PARENT, SUBSIDIARIES, AND AFFILIATES), ITS THIRD PARTY LICENSORS, PROVIDERS AND SUPPLIERS, INCLUDING GLOBAL SERVICE PROVIDERS (GSPS), DISCLAIM ANY AND ALL WARRANTIES FOR THE SERVICE, WHETHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE, ACCURACY, NON­INFRINGEMENT, NON­INTERFERENCE, TITLE, COMPATIBILITY OF COMPUTER SYSTEMS, INTEGRATION, AND THOSE ARISING FROM COURSE OF DEALING, COURSE OF TRADE, OR ARISING UNDER STATUTE. NO ADVICE OR INFORMATION GIVEN BY PVT OR ITS REPRESENTATIVES SHALL CREATE A WARRANTY. USE OF PVT TECHNICAL SUPPORT IS AT YOUR OWN RISK AND IS NOT WARRANTED.

PVT DOES NOT WARRANT OR GUARANTEE THAT SERVICE CAN BE PROVISIONED TO YOUR LOCATION OR THAT PROVISIONING WILL OCCUR ACCORDING TO A SPECIFIED SCHEDULE, EVEN IF PVT HAS ACCEPTED YOUR ORDER FOR SERVICE. THE PROVISIONING OF SERVICE IS SUBJECT TO SERVICE AVAILABILITY AND OTHER FACTORS, INCLUDING YOUR COMPUTER/DEVICE CONFIGURATION AND CAPABILITIES, AMONG OTHER FACTORS.

PVT DOES NOT WARRANT THAT THE SERVICE OR EQUIPMENT PROVIDED BY PVT WILL PERFORM AT A PARTICULAR SPEED, BANDWIDTH OR DATA THROUGHPUT RATE, OR WILL BE UNINTERRUPTED, ERROR­FREE, SECURE, OR FREE OF VIRUSES, WORMS, OR THE LIKE. PVT SHALL NOT BE LIABLE FOR LOSS OF YOUR DATA, OR IF CHANGES IN OPERATION, PROCEDURES, OR SERVICES REQUIRE MODIFICATION OR ALTERATION OF YOUR EQUIPMENT, RENDER THE SAME OBSOLETE OR OTHERWISE AFFECT ITS PERFORMANCE. PVT MAKES NO WARRANTY REGARDING ANY TRANSACTIONS EXECUTED USING THE SERVICE OR THE INTERNET. PVT MAKES NO WARRANTY REGARDING THE CONTENT AND INFORMATION ACCESSED BY USING THE SERVICE OR ANY LINKS DISPLAYED. YOU EXPRESSLY ASSUME ALL RISK AND RESPONSIBILITY FOR USE OF THE SERVICE AND THE INTERNET GENERALLY. DO NOT USE THE SERVICE IN ANY HIGH RISK ACTIVITIES WHERE DAMAGE OR INJURY TO PERSON, PROPERTY, ENVIRONMENT, OR BUSINESS MAY RESULT IF AN ERROR OCCURS.

IN NO EVENT SHALL PVT (OR ITS OFFICERS, EMPLOYEES, PARENT, SUBSIDIARIES, OR AFFILIATES), ITS THIRD PARTY LICENSORS, PROVIDERS OR SUPPLIERS BE LIABLE FOR: (A) ANY DIRECT, INDIRECT, SPECIAL, CONSEQUENTIAL OR INCIDENTAL DAMAGES, INCLUDING WITHOUT LIMITATION, LOST PROFITS OR LOSS OF REVENUE OR DAMAGE TO DATA ARISING OUT OF THE USE, PARTIAL USE OR INABILITY TO USE THE SERVICE, REGARDLESS OF THE TYPE OF CLAIM OR THE NATURE OF THE CAUSE OF ACTION, INCLUDING WITHOUT LIMITATION, THOSE ARISING UNDER CONTRACT, TORT, NEGLIGENCE OR STRICT LIABILITY, EVEN IF PVT HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH CLAIM OR DAMAGES, OR

(B) ANY CLAIMS AGAINST YOU BY ANY OTHER PARTY.

ALL LIMITATIONS AND DISCLAIMERS STATED IN THIS PARAGRAPH ALSO APPLY TO PVT’S THIRD PARTY LICENSORS, PROVIDERS AND SUPPLIERS, AS THIRD PARTY BENEFICIARIES OF THIS AGREEMENT.

ANY RIGHTS OR LIMITS STATED HEREIN ARE THE MAXIMUM FOR WHICH PVT (AND ITS OFFICERS, EMPLOYEES, PARENT, SUBSIDIARIES, AND AFFILIATES), PVT’S THIRD PARTY LICENSORS, PROVIDERS AND SUPPLIERS ARE COLLECTIVELY RESPONSIBLE.

THE REMEDIES EXPRESSLY SET FORTH IN THIS AGREEMENT ARE YOUR SOLE AND EXCLUSIVE REMEDIES. YOU MAY HAVE ADDITIONAL RIGHTS UNDER CERTAIN LAWS (SUCH AS CONSUMER LAWS), WHICH DO NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES, OR THE EXCLUSION OR LIMITATION OF CERTAIN DAMAGES. IF THESE LAWS APPLY, OUR EXCLUSIONS OR LIMITATIONS MAY NOT APPLY TO YOU.

PVT RESERVES THE RIGHT TO PURSUE ANY AND ALL LEGAL AND EQUITABLE CLAIMS AGAINST YOU PERTAINING TO YOUR USE OR MISUSE OF THE SERVICE OR FOR YOUR BREACH OF THE AGREEMENT (INCLUDING ANY POLICIES RELATING TO THE SERVICE.)

Internet Provisions

PVT does not endorse or in any way vouch for the accuracy, completeness, truthfulness or reliability of any service, opinion, advice, communication, information or other content on or made available through the Service. None of such content should be construed or understood to constitute or reflect the views or approval of PVT Communications, Inc. or any of its subsidiaries or affiliates. We do not recommend that such content be relied on for reaching important decisions or conclusions without appropriate verification and, as appropriate, professional advice.

You acknowledge that Internet sites, and use of the Internet, might consist of, include and/or provide access to images, sound, messages, text, services or other content and material that may be unsuitable for minors and that may be objectionable to many adults. You acknowledge that PVT is not responsible for any such content or material and agree that access to same through use of the Service is at your sole risk. The reliability, availability, legality, performance and other aspects of resources accessed through the Internet are beyond PVT’s reasonable control and are not in any way warranted or supported by PVT or its third party contractors. You acknowledge that safeguards relative to copyright, ownership, appropriateness, reliability, legality and integrity of content may be entirely lacking with respect to the Internet and content accessible through it. You confirm that you assume all risk and liability of any use of the Internet through your account.

Access and Upgrades

Please note that PVT may automatically check the version of the Customer Equipment and PVT software you are running and may provide upgrades to the system that will be automatically downloaded to your Customer Equipment. In addition, PVT may check the health and status of your system to ensure that the configuration of your computer is optimized for use with the Service. You hereby authorize all such access and upgrades.

DMCA

Owners of copyrighted works who believe that their rights under U.S. copyright law have been infringed may take advantage of certain provisions of the Digital Millennium Copyright Act of 1998 (the “DMCA”) to report alleged infringements. It is PVT’s policy in accordance with the DMCA and other applicable laws to reserve the right to terminate the service provided to any customer or user who is either found to infringe third party copyright or other intellectual property rights, including repeat infringers, or who PVT believes in its sole discretion is infringing these rights. PVT may terminate the service at any time with or without notice for any affected customer or user.

Designation of Agent to Receive Notification of Claimed Infringement
PVT Networks, Inc.
Rae Aaron
4011 W Main Street, Artesia, NM 88210
Phone: 575-748-1241
email: dmca@pvt.com

Peñasco Valley Telephone Cooperative, Inc. (“PVT”), it’s affiliates and or assignees, may, in its sole discretion, change, modify, add or remove portions of this Agreement, and the Service provided there under, at any time. PVT will notify Customer of such changes by electronic or other means. Customer’s continued use of the Service following notice of such change shall be deemed to be Customer’s acceptance of any such modification.

1. Computer Equipment Requirement. A listing of the current minimum computer requirements is available by contacting PVT during regular business hours. The minimum requirements may change and PVT will make reasonable efforts to support previously acceptable configurations; however, Customer acknowledges that PVT is not obligated to continue to provide such support.

2. Access Provided. The Equipment provided by PVT (the “Equipment”) may allow Customers to access the Internet, online services and other information. Customer acknowledges that Customer may incur charges while using the Service in addition to those billed by PVT. Customers agree and understand that all such charges, including all applicable taxes, are the sole responsibility of Customer.

3. Service Commitment.

Contract Term. If you terminate service prior to the expiration of the Contract Term, you will be responsible (and your credit card, debit card, or bank account may be charged) for all equipment, installation and set-up fees waived at the time of activation. You may not downgrade your service plan to a lower service package until 90 days after activation of your Service.

Term and Renewal. The Contract Term commences on the date your Service is activated and continues for the duration of the Contract Term or unless terminated earlier by you or us in accordance with this Agreement. After the Contract Term expires, the term of your agreement will automatically renew on a month-to-month basis until terminated by you or us in accordance with this Agreement.

Age and Account Set-up. You represent that you are at least 18 years of age. You agree that you are responsible for obtaining installation services and Equipment from PVT and for verifying and maintaining the account, options, settings and other parameters under which the Service is used, including (without limitation) all related passwords and user identification information.

4. Payment Terms

1. Agreement to Pay. Customer agrees to pay all monthly fees and installation charges, including applicable franchise fees, taxes, customer service fees and late fees. Monthly fees may vary. If payment is not received by the due date, late fees may be assessed and the Service may be disconnected. Customer may be required to pay a reconnect fee in addition to all past due charges before the Service is reconnected. Customer further acknowledges that PVT may require a security deposit.

2. Payment Methods. Customer agrees to pay PVT in accordance with the payment terms on the invoice received by Customer for the Service and agrees that PVT has the right to change the structure and amount of its fees at any time subject to applicable law.

5. Prohibited Uses of the Service; Indemnity. Customer shall not use the Equipment or the Service directly or indirectly to:

1. Perform any activity deemed illegal;

2. Post, transmit, or disseminate content with violates any proprietary rights of PVT or any third part or is unlawful;

3. Post, transmit or disseminate objectionable information, including, without limitation, any transmissions constituting or encouraging conduct that would constitute a criminal offence, give rise to civil liability, or otherwise violate any local, federal or international law, order or regulation;

4. Copy, distribute or sublicense any software provided by PVT;

5. Unlawfully promote or incite hatred;

6. Operate a Web, http, FTP, e-mail, chat, nntp, game, Gateway or proxy server from home;

7. Invade another person’s privacy;

8. Upload, post, publish, transmit, reproduce, create derivative works of, or distribute in any way, information, software or other material obtained through the Service which is protected by copyright of other proprietary right, without obtaining permission of the owner;

9. You may not reference PVT (e.g., by including “Organization: PVT” in the header or by listing an IP address that belongs to PVT) in the header of any unsolicited e-mails, even if that e-mail is not sent through PVT’s network;

10. Disrupt or attempt to disrupt PVT’s backbone network. Prohibited disruptions include, but are not limited to, sending unsolicited bulk or commercial e-mail messages (“spam”). Unsolicited e-mail may not direct the recipient to any web site or other resource which uses the PVT Service. In addition, “mail bombing,” the sending of numerous copies of the same or substantially similar messages or very large messages or files with intent to disrupt a server or account, is prohibited;

11. Use the Equipment or Services in a way which is contrary to any other PVT policy that may be posted by PVT from time to time.

12. Service, alter, modify or tamper with any PVT-owned Equipment or Service or permit any other person to do the same that is not authorized by PVT.

13. Use a VPN(virtual private network) or VPN tunneling protocol;

14. Use an IP address or client ID not assigned to Customer;

15. Restrict, inhibit or otherwise interfere with the ability of any other person to use or enjoy the Equipment or the Service, including, without limitation, posting or transmitting any information or software which contains a virus, lock, key, bomb, worm, or other harmful feature; or generating levels of traffic sufficient to impede others’ ability to send or retrieve information.

16. Resell the Service or otherwise charge others to use the Service. The Service is for personal use only and Customer agrees not to use the Service for operation as an Internet Service Provider or for any other business enterprise.

17. Breach or attempt to breach the security of another user or attempt to gain access to any other person’s computer, software or data without the knowledge and consent of such person. The Equipment and the Service may not be used in any attempt to circumvent the user authentication or security of any host, network or account. Use or distribution of tools designed for compromising security is also prohibited.

Engaging in any of the activities listed above may result in immediate termination of the Agreement. In addition, PVT reserves the right to disconnect or reclassify as commercial grade any Customers found in violation of Section 7 items m, l, or k. This Section 5 shall not in any way limit PVT’s rights of terminating the service.

Customer agrees to indemnify and hold harmless PVT, and each of their respective affiliates, subcontractors, employees and agents, from any claims arising from Customer’s use of the Service; this includes, but is not limited to, use of the Equipment or Service in any manner prohibited under this Section8.

1. PVT’s Content Rights. PVT has neither liability nor obligation to;

1 Monitor the content of the Service and expressly disclaims any responsibility for any offense or injury arising out of the Customer’s access to or dissemination of such content. However, Customer acknowledges and agrees that PVT has the right to monitor content electronically from time to time and to disclose any information as necessary to satisfy any law, regulation or other governmental request to operate the Service properly, or to protect itself or its subscribers. PVT reserves the right to refuse to post or to remove any information or materials that, in its sole discretion, are unacceptable, undesirable or in violation of this Agreement.

2 Assume responsibility for the content contained on the Internet or otherwise available through the Service. There may be some content on the internet or otherwise available through the Service with may be offensive to some individuals, or which may not be in compliance with all local laws, regulations and other rules. All content accessed by Customer through the Service is accessed and used by Customer at Customer’s own risk, and PVT and each of their respective affiliates, subcontractors, employees and agents, shall have no liability whatsoever for any claims, losses, actions, damages, suits or proceeding arising out of or otherwise relating to access to such content by Customer. PVT specifically disclaims any responsibility for the accuracy, quality and confidentially of information obtained through the Service.

2. Customer Information

1. Credit Inquiries. Customer authorizes PVT to make inquiries and to receive information about Customer’s credit history from others and to enter this information in Customer’s file

2. Information Collection and Disclosure. Customer agrees that PVT may, from time to time, collect information concerning Customer’s use of the Service. Customer agrees that such information may be shared with other third parties provided that PVT (1) does not disclose any personally identifiable Customer information to others, except as allowed by law, and

(2) otherwise complies with all applicable privacy laws. Should Customer not wish that Customer’s information be used in such a manner, Customer can notify PVT Customer Service in writing and send to 4011 W. Main Artesia, NM, 88210 (505-748-1241).

3. Customer expressly grants PVT permission to disclose personally identifiable information relating to Customer or Customer’s account in response to (a) a subpoena issued in a civil or criminal investigation or litigation; (b) a civil investigative demand issued by a government entity; or (c) a court order.

3. Termination and Expiration.

1. Termination Rights. In the event of a breach of Agreement by Customer, PVT may terminate this Agreement at any time by providing the other party with no less than twenty-four (24) hour notice of termination. In the event of egregious offense of Customer, PVT may terminate Service immediately. PVT may notify the Customer of such termination by electronic or other means.

2. Customer Obligations Upon Termination. Customer agrees that upon termination of the Agreement:

Customer will pay PVT in full for Customer’s use of any PVT –owned Equipment and Service up to the later of the effective date of termination of the Agreement or the date on which the Service an any PVT-owned Equipment have been disconnected and returned to PVT. Customer agrees to pay PVT on a pro-rated basis for any use by Customer of any PVT-owned Equipment or Services for a part of a month.

Customer will permit PVT to access Customer’s premises at an agreed time to remove any PVT-owned Equipment and other material provided by PVT.

Customer will ensure the immediate return of any PVT-owned Equipment to PVT. Customer will return or destroy all copies of any software provided to Customer pursuant to this Agreement.

1. PVT Retention Rights. Nothing contained in this Agreement shall be construed to limit PVT rights and remedies available at law or in equity.

2. PVT Performance and Reliability Rights. Although PVT will make every commercially reasonable effort to deliver a high quality residential Internet access service, unless otherwise specified by PVT in writing. Customer is purchasing a residential data service with no performance or reliability warranty either expressed or implied. PVT reserves the right to manage its network for the greatest benefit of the greatest number of subscribers including, but not limited to the following: rate limiting, traffic prioritization, and the protocol filtering. Customer expressly acknowledges and accepts that such action on the part of PVT may affect the performance of the Service. PVT reserves the right to enforce limits on specific feature of the Service, including, but not limited to, e-mail, storage and web-hosting maximums.

1. Viruses. PVT may run a third party virus check software on Customer’s computer prior to installing software on Customer’s computer. PVT does not represent, warrant or covenant that the virus check software will detect or correct any or all viruses. Moreover, if a virus is found, PVT may treat the virus using the third arty virus check software, and this may result in damage to Customer’s software, files, and data. Software or other content downloaded from the Service may contain viruses and it is Customer’s sole responsibility to take appropriate precautions to protect Customer’s computer from damage to its software, files and data. PVT, nor any of its respective affiliates, subcontractors, employees or agents, shall have any liability whatsoever for any damage to or loss of destruction of any software, files or data resulting from any virus, lock, key, bomb, worm or other harmful feature.

1. No PVT Liability For:

1 Eavesdropping. Other Service subscribers may be able to access and/or monitor Customer’s use of the Service. This risk of eavesdropping exists not only with cable transmission facilities, but also on the Internet and other services to which access is provided by PVT as part of the Service. Any sensitive or confidential information (such as credit card numbers or other financial information, medical information or trade secrets) sent by or to Customer is sent at Customer’s sole risk, and PVT, nor any of its respective affiliates, subcontractors, employees or agents, shall not have any liability whatsoever for any claims, losses, actions, damages, suits or proceedings arising out of or otherwise relating to such actions by Customer.

2 FTP/HTTP/Proxy/Gateway Server Setup. Customer should be aware that when using the Service to access the Internet or any other online service, there are certain applications, such as FTP, HTTP, proxy, or gateway server applications, which may be used to allow other Service users and Internet users to gain access to Customer’s computer. PVT, nor any of its respective affiliates, subcontractors, employees or agents, shall have any liability whatsoever for any claims, losses, actions, damages, suits or proceedings resulting from, arising out of or otherwise relating to the sue of such applications by Customer, including, without limitation, damages resulting from others accessing Customer’s computer or from any loss of data maintained on the Network.

2. Limitations of Liability. Unless otherwise specifically provided in the Agreement, PVT, nor any of its respective affiliates, subcontractors, employees or agents, will be liable to Customer or to any third party for:

1. Any direct, indirect, incidental, special, punitive or consequential losses or damages, including loss of profits, loss of earnings, loss of business opportunities and personal injuries (including death), resulting directly or indirectly from or otherwise arising in connection with, the use of the Service by Customer or any other use of the Equipment, including, without limitation , any damage resulting from or arising out of Customer’s reliance on or use of the Equipment or Service, or the mistakes, omissions, interruptions, deletion of files, errors, defects, delays in operation, non-deliveries, mis-deliveries, transmission, or any failure of performance of the Equipment or Service;

2. Any direct, indirect, incidental, special, punitive or consequential losses or damages, including loss of profits, loss of earnings, loss of business opportunities and personal injuries (including death), resulting directly or indirectly from or otherwise arising in connection with, the termination o reclassification of Customer’s account by PVT pursuant to the Agreement; and

3. Any losses, claims, damages, expenses, liabilities or costs (including legal fees) resulting directly or indirectly out of, or otherwise arising in connection with, any allegation, claim, suit or other proceeding based upon a contention that the use of the Equipment or Service by Customer or a third party infringes the copyright, paten, trademark, trade secret, confidentiality, privacy, or other intellectual property right or contractual rights of any third party.

4. Customer’s sole and exclusive remedies under this Agreement are as expressly set out in the Agreement. Some states do not allow the limitation or exclusion of incidental or consequential damages, so such limitation or exclusions may not apply to you.

3. Installation/End User Software Licenses.

1 If the installation of an Ethernet card is required, it will be necessary to open Customer’s computer. System files on Customer’s computer may be modified as part of the installation process. PVT neither represents, warrants, nor covenants that such modifications will not disrupt the normal operations of Customer’s computer. PVT shall have no liability whatsoever for any damage resulting from the above or other file modifications. PVT is not responsible for returning Customer’s PC to its original configuration prior to installation.

2 PVT or its agents will supply and install certain software, and if required an extra cable outlet, a cable modem and an Ethernet card for a fee determined by PVT. PVT shall use reasonable efforts to install the Service to full operational status, provided that Customer’s computer fulfills the minimum computer requirements set out above in Section 1.

3 Customer agrees to comply with the terms and conditions of all end user license agreements accompanying any software of plug-ins to such software distributed by PVT in connection with the Service. All end-user software licenses shall terminate upon termination of this Agreement.

4 Customer may transfer the software provided by PVT to additional computers within the home, but service and support for these additional machines is limited and/or may incur an additional fee. However, Customer acknowledges that PVT has no responsibility to provide service and support for in-home networks. If Customer intends to transfer the software, Customer much give PVT prior notice of such transfer.

4. Multiple Users. Customer acknowledges that Customer is executing this Agreement of behalf of all persons who use the Equipment and/or Service through Customer’s computer. Customer shall have sole responsibility for ensuring that all such other users understand and comply with the terms and conditions of this Agreement. Customer further acknowledges and agrees that Customer is solely responsible and liable for any and all breaches of the terms and conditions of the Agreement, whether such breach is the result of use of Service and/r Equipment by Customer or by any other user of Customer’s computer.

5. Governing Law. This Agreement shall be exclusively governed by, and construed in accordance with, the laws of the state of New Mexico. Customer may not bring any claim, suit or proceeding more than one (1) year after the date the cause of action arose.

6. General. This Agreement constitutes the entire agreement and understanding between parties with respect to the subject matter of this Agreement and supersedes and replaces any and all prior written or verbal agreements. In the event that any portion of this Agreement is held to be unenforceable, the unenforceable portion shall be construed in accordance with applicable law as nearly as possible to reflect the original intentions of the parties and the remainder of the provisions shall remain in full force and effect. PVT’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 the parties nor trade practice shall act to modify any provision of this Agreement.

1. Customer Premises Equipment. Customers may have the option of purchasing equipment either from PVT or from a third party provider. PVT reserves the right to provide service only to users who have PVT approved equipment. Subscribers are strongly urged to check with PVT Customer Support at 4011 W. Main, Artesia, NM (505-748-1241) before purchasing non PVT equipment.

2. Access to Customer’s Premises. Customer authorizes PVT, and its employees, agents, contractors, and representatives to enter Customer’s premises (the “Premises”) in order to install, maintain, inspect, repair and remove the Equipment and/or the Service. If Customer is not the owner of the Premises, upon request, Customer will supply PVT with the owner’s name and address, evidence that Customer is authorized to grant access to the Premises on the owner’s behalf, and (if needed) written consent from the owner of the Premises.

3. Relocating/Removing Equipment. Customer will not remove the Equipment from the Premises or connect the Equipment to any outlet other than the outlet to which the Equipment was initially connected by PVT installer without prior consent from PVT. PVT may relocate the Equipment for Customer within the Premises at the Customer’s request. If Customer relocates to a new address, Customer will be required to enter into a new Subscriber Agreement to initiate Service. In all cases, Customer shall notify PVT. Customer acknowledges that Customer may incur additional charges for any Equipment relocation. Customer will not connect any other device to the internet modem outlet without prior consent from PVT. Customer understands that doing so may cause damage to PVT’s network and subject Customer to reasonable damages and may further be prosecuted for damages.

4. Customer Service. PVT expressly reserves the right to institute fees for providing certain customer support services if, at its sole discretion, it determines such fees are warranted. Customer acknowledges that PVT shall not be liable for any damage to Customer’s Equipment resulting from or arising in connection with its provision of technical service and support for the PVT Service, even if such damage results from the negligence of the PVT installer, technician or customer service representative.

5. Limited Warranty. Any PVT-owned Equipment and Service are provided by PVT “as is” without warranty of any kind. PVT does not warrant uninterrupted use of the Equipment or the Service. PVT does not warrant that any data or any files sent by or to Customer will be transmitted in uncorrupted form or within a reasonable period of time. All representation and warranties of any kind express or implied, including, without limitation, any warranties of non-infringement, fitness for a particular purpose and merchantability are hereby excluded and disclaimed.

6. Back-Up Requirements. Customer acknowledges and represents that he/she understands that the installation, use, inspection, maintenance, repair and removal of the Equipment may result in Service outages or potential damage to Customer’s computer. Customer therefore agrees to back­up all existing computer files by copying them to another storage medium prior to such activities involving the Equipment. Customer expressly releases PVT and each of their respective affiliates, subcontractors, employees and agents, from any liability whatsoever for any damage to or loss or destruction of any of Customer’s software, files, data or peripherals. Customer acknowledges that the sole responsibility for carrying out the back-up described in this Paragraph 22 resides with Customer and that PVT bears no responsibility for insuring that Customer has performed such back-up.

7. Damage to and Encumbrances on Equipment, Computer, Software.

? Ownership of Equipment. All Equipment, except for Equipment purchased and paid for by Customer, will at all times remain the property of PVT. Customer may not sell, transfer, lease, encumber or assign all or part of the Equipment to any third party. Customer shall pay the full retail cost for the repair of replacement of any lost, stolen, unreturned, damaged, sold, transferred, leased, encumbered or assigned Equipment or part thereof, together with any costs incurred by PVT in obtaining or attempting to obtain possession of any such Equipment. Customer hereby authorizes PVT to charge Customers’ Visa, Master Card, other credit card or other payment method authorized by Customer for any outstanding Service and Equipment charges. PVT may, as its option, install new or reconditioned Equipment, including swapping existing Customer Equipment for Replacement Equipment, for which the Customer may incur a fee.

Customer’s Hardware and Software. Should the hardware of Customer’s computer be damaged as a result of the gross negligence of PVT or the

Customer Purchased Equipment. Customer agrees to only connect PVT-approved Equipment to the PVT network. PVT bears no responsibility for the operation or maintenance of customer equipment.

8. Contact Address. For any inquiries or notices required in connection with this Agreement, Customer should contact PVT in writing at PVT, Customer Service, 4011 W. Main, Artesia NM, 88210

Thank you for choosing PVT to provide your entertainment services. We look forward to servicing you!

PEÑASCO VALLEY TELEPHONE COOPERATIVE, INC. 
Broadband Internet Access Service
Network Management Practices, Performance Characteristics, and Commercial Terms and Conditions for Fixed Services

Peñasco Valley Telephone Cooperative, Inc. (“PVT”) has adopted the following network management practices, performance characteristics, and commercial terms and conditions for its broadband Internet access services in compliance with the Federal Communications Commission’s (“FCC’s) Open Internet Framework requirements (GN Docket No. 09-191 and WC Docket No. 07-52).

These practices, characteristics, terms and conditions are intended to help preserve the Internet as an open framework that enables consumer choice, freedom of expression, end-user control, competition, and freedom to innovate without permission, while permitting the Company to manage its network reasonably.

These practices, characteristics, terms and conditions are effective as of November 20, 2011.

PVT may add, delete, or modify certain practices, performance characteristics, terms and conditions from time to time at its discretion.  It will provide clear written notice of these changes on this website, but will not notify customers, content providers, applications providers, service providers or device providers individually of such changes by bill inserts, e-mails, tweets, telephone calls or other direct communications unless specifically required to do so by federal or state authorities.  PVT will provide as much advance notice as practicable of such changes.  It will normally endeavor to furnish written notice on this website thirty (30) days before changes become effective, but reserves the right to use a shorter notice period when regulatory, operational, technical or other circumstances warrant.

I.  Network Management Practices

PVT manages its network with the goal of providing the best practicable broadband Internet experience to all of its customers.  Within the scope of its resources, it attempts to deploy and maintain adequate capacity and facilities within its own network, and to acquire sufficient Middle Mile capacity or facilities outside its service area to connect with the Internet.  PVT and its staff use their best efforts to monitor, address and minimize (but do not guarantee that they can prevent) the effects of spam, viruses, security attacks, network congestion, and other phenomena that can degrade the service of affected customers.

A. Congestion Management Practices

Congestion is an Internet access service problem that can slow web browsing, downloading, and other activities of the customers during certain peak usage periods.   Congestion may be caused by capacity limits and bottlenecks in a service provider’s own network, or by limitations in the capacity of the Middle Mile transport facilities and services that many rural service providers must purchase from unrelated entities to carry the traffic of their customers between their service areas and the closest Internet nodes.

As of October 2011, PVT has experienced occasional problems with congestion.

If significant congestion problems arise in the future, PVT’s most desired approach is to determine the source of the problem, and to increase the capacity of the affected portions of its network and/or of its Middle Mile routes where warranted.  However, network and Middle Mile upgrades often cannot be accomplished instantaneously because they require negotiations, authorizations and agreements with multiple unrelated entities such as lenders, government agencies, equipment vendors, property owners and other carriers.

If or when network and/or Middle Mile upgrades are not able to be deployed on a timely or reasonable basis, PVT reserves the right to monitor and identify which customer accounts are using the greatest amount of bandwidth during periods of heavy congestion, and to contact those “high-volume customers” to work out a solution to the problem.  PVT’s preferred solution will be to help such “high-volume customers” find acceptable times during non-peak periods to engage in the same activities.

If that preferred solution is not possible, PVT reserves the right to manage temporarily the Internet traffic of “high-volume customers” during periods of significant congestion until such periods of congestion pass.  This temporary traffic management will be accomplished by technically and commercially feasible methods that are available or that become available in the future.  Affected “high-volume customers” will still be able to access the Internet and engage in any and all online activities they desire.  However, during periods of congestion they may experience conditions such as longer times to download or upload files, slower Web surfing, and/or slower movements during online game playing.

Customers should note that any temporary traffic management practices employed by PVT will impact only identified and notified “high-volume customers” during periods when congestion problems are experienced, and will not be based upon the types of content, applications, services, or devices such customers use.  On the basis of its knowledge and experience as of November 2011, PVT expects that periods of temporary traffic management, if any, will be brief and infrequent.

For purposes of its congestion management practices, PVT is in the process of selecting equipment and functionalities to regulate congestion and measure individual customer usage, and  expects to acquire and install such facilities during 2012.  When such facilities are installed, PVT will consider a period in which a “congestion problem” arises and exists to be one where any segment of the network reaches saturation, and will consider a “high-volume customer” as one that uses more than 3 Gigabytes of bandwidth per day for more than one half of the billing cycle.

B.  Application-Specific Behavior Practices

PVT does not favor or inhibit certain applications or classes of applications.   Customers may use any lawful and commercially available application which they desire on PVT’s network.

PVT does not normally monitor the contents of the traffic or applications of its customers.  It undertakes no obligation to monitor or investigate the lawfulness of the applications used by its customers.  If any party contacts PVT with a substantial allegation that an application being used by a customer is unlawful, PVT will investigate the matter (including consultation, as it deems appropriate, with attorneys, consultants, federal or state regulators, and/or federal, state or local law enforcement agencies), and will take appropriate actions to deal with the use of applications that are demonstrated to be unlawful.

Customers may occasionally develop their own applications, or modify commercially available applications.  PVT will not prohibit the use of customer-developed or modified applications unless there is a reasonable belief that such applications will cause harm to its network.

PVT does not block or rate-control specific protocols or protocol ports.

PVT does not modify protocol fields in ways that are not prescribed by the applicable protocol standards.

C. Device Attachment Rules

PVT does not have any approval procedures that must be satisfied before a device can be connected to its network.  Customers may use any lawful, compatible, type-accepted (if necessary) and commercially available device which they desire on PVT’s network, as long as such device does not harm the network.

In order to ensure good quality and reliable service, PVT requires customers to use the modems that PVT connects to its lines at the edge of its network.  On the customer’s side of the modem, PVT does not monitor or regulate the devices used by its customers.

PVT undertakes no obligation to monitor or investigate the lawfulness of the devices used by its customers on their side of its modems.  For example, in addition to purchasing devices from third-party vendors, customers may occasionally develop their own devices, or modify commercially available devices.  PVT will not prohibit the use of lawful third party, customer-developed or customer-modified devices unless there is a reasonable belief that such devices will cause harm to its network.  If any party contacts PVT with a substantial allegation that a device being used by a customer is unlawful, PVT will investigate the matter (including consultation, as it deems appropriate, with attorneys, consultants, federal or state regulators, and/or federal, state or local law enforcement agencies), and will take appropriate actions to deal with the use of a device that is demonstrated to be unlawful.

D. Security Practices

PVT does not normally monitor the traffic of its customers.  It undertakes no obligation to monitor or protect such customer traffic from spam, viruses, denial-of-service attacks, or other malicious, unlawful or unwanted activities.

PVT recognizes that customers can purchase spam filtering and anti-virus software from commercial vendors to meet their needs.  PVT may from time to time offer anti-spam and/or anti-virus software or services to customers who desire to purchase them from PVT.  When offered, these software or services will be described and priced in other sections of this website and in PVT’s sales and marketing materials.  Customers are free to obtain anti-spam and/or anti-virus software or services from any source they desire, as long as such software or services do not disrupt or degrade the traffic of other customers of PVT or harm the network.

A customer that is subjected to a denial-of-service attack, or similar malicious, unlawful or unwanted activity, is urged to notify PVT as soon as possible.  PVT will work with the customer, other service providers, federal and state regulators, and/or law enforcement to determine the source of such activity, and to take appropriate, and technically and economically reasonable efforts to address the matter.

PVT employs commercially appropriate security procedures to protect its network and its customer records from unauthorized access by third parties.  PVT does not guarantee that it can protect customers from any and/or all security breaches.

E. Traffic Blocking

PVT does not block any lawful content, applications, devices, and/or non-harmful devices.

The only potential exceptions where blocking may occur entail the unlawful or harmful circumstances set forth in Sections I.A through I.D above.  For example, PVT employs certain mainstream devices at the edge of its network to recognize malicious traffic associated with certain known and/or current threats, and to drop such traffic at such network edge. PVT believes that all such circumstances constitute reasonable network management practices.

PVT does not knowingly and intentionally impair, degrade or delay the traffic on its network so as to render effectively unusable certain content, applications, services and/or non-harmful devices.  However, PVT notes that congestion may from time to time impair, degrade, or delay some traffic.

PVT does not charge edge service providers of content, applications, services and/or devices any fees simply for transporting traffic between them and its customers.

II. Performance Characteristics

Many of the service and performance characteristics of PVT’s broadband Internet access services are contained in the service offering portions of this website.  PVT offers different tiers of service at different prices, and changes these from time to time.

A. General Service Description

PVT uses a hybrid fiber optic coaxial (“HFC”) Data Over Cable Service Interface Specification (“DOCSIS”); a fixed point wireless; a copper digital subscriber line (“DSL”); and a fiber-to-the-premise (“FTTP”) network.  The expected access speeds in the DSL portions of the network range from 1.5 megabits per second (“Mbps”) to 10 Mbps download and 768 kbps to 1.5 Mbps upload, depending upon the actual lengths of the respective fiber trunks and copper lines.  The expected access speeds in the FTTP/DOCSIS portion of the network range from 512 kbps to 6 Mbps download and from 256 kbps to 3 Mbps upload, depending upon the electronics installed.  The expected access speeds in the fixed point wireless portion of the network range from 768 kbps to 6 Mbps download and from 256 kbps to 3 Mbps upload.

Actual access speeds and time delays (latency) are impacted by the length, capacity and congestion of Middle Mile transport facilities (between PVT’s service area and Internet nodes) as well as the characteristic of PVT’s own network.  Because conditions on these facilities and routes can change frequently, PVT cannot currently provide actual access speeds and latency information.

PVT’s service is suitable for real-time applications, except when the network is experiencing congestion.

B. Impact of Specialized Services

PVT offers facilities-based VoIP services to end-users.

As of November 2011, this specialized service has not adversely affected the last-mile capacity available for PVT’s broadband Internet access services, or the performance of such services.  Customer should note that significantly heavier use of specialized services (particularly IP video services) may impact the available capacity for and/or the performance of its broadband Internet access services. PVT will monitor this situation, and appreciates feedback from its customers.

C. Impact of Middle Mile Capacity Constraints

PVT must purchase Middle Mile capacity from other entities for routes approximately 200 to 550 miles long between PVT’s service area and the closest Internet nodes.

PVT has no ownership interest in its Middle Mile providers.  PVT cannot guarantee that it will be able to obtain additional Middle Mile capacity at commercially reasonable prices if and when needs for additional Middle Mile capacity arise.

III. Commercial Terms and Conditions

The commercial terms and conditions of PVT’s broadband Internet access services are contained in greater detail in the Subscriber Privacy Policy, Acceptable Use Policy, and Equipment Disclaimer portions of this website.   This section provides a brief overview or reference to terms and conditions detailed elsewhere, plus discussions of other terms and conditions required by the FCC’s Open Internet Framework.

A. Pricing Terms and Conditions

PVT offers different tiers and levels of service at different prices, and changes these from time to time.  These service tiers and prices are detailed in the service offering portion of this website.

PVT does not impose usage-based fees upon certain tiers or levels of its service.

PVT imposes fees for early termination with respect to certain of its service arrangements.  These early termination fees are imposed upon the service arrangements specifically identified on the signed contract in the manner and under the conditions set forth therein.

B. No Unreasonable Discrimination

PVT does not unreasonably discriminate in its transmission of traffic over the broadband Internet access services of its customers.  It endeavors to give its customers as much choice and control as practicable among its different service offerings and among the content, application, service and device offerings of edge service providers.  When reasonable network management practices entail differential treatment of traffic, PVT does not discriminate among specific uses, or classes of uses, of its network.

PVT does not impair, degrade or delay VoIP applications or services that compete with its voice services and those of its affiliates.

PVT does not impair, degrade, delay or otherwise inhibit access by its customers to lawful content, applications, services or non-harmful devices.

PVT does not impair free expression by actions such as slowing traffic from particular websites or blogs.

PVT does not use or demand “pay-for-priority” or similar arrangements that directly or indirectly favor some traffic over other traffic.

PVT does not prioritize its own content, application, services, or devices, or those of its affiliates.

C. Privacy Policies

As indicated above, PVT’s network management practices do not generally entail inspection of network traffic.

PVT retains and stores certain traffic information (such as the identity of the customer using a particular IP address during a specific period) for time periods required by federal or state law.

PVT retains, stores and provides to law enforcement any traffic information requested pursuant to the procedures of the Communications Assistance for Law Enforcement Act (“CALEA”), the Foreign Intelligence Surveillance Act (“FISA”) or other applicable national security or criminal statutes.

PVT does not collect, store or use traffic information to profile its customers in order to sell additional services to them, or for similar non-network management purposes

PVT’s other privacy policies and procedures are listed in the Subscriber Privacy Policy section of this website.

D. Redress Options

Questions and complaints regarding the foregoing matters should be addressed to PVT’s Customer Service Department at 575-748-1241/800-505-4844 or PVTCSRs@pvt.com.

PVT strongly desires to resolve questions, complaints and other problems of its customers and edge service providers in an informal and direct manner that satisfies all interested parties to the greatest extent practicable.

Customers and edge service providers that are not able to obtain satisfaction from PVT have the option of invoking the FCC’s informal and formal complaint procedures regarding Open Internet Framework disputes.

Please click below to view PVT Networks, Inc. (“PVT”) policies and disclaimers:

PVT NETWORKS, INC. (“PVT”) SUBSCRIBER PRIVACY POLICY

This Privacy Policy covers all web sites under the pvt.com domain (such as www.pvt.com) and applies to all customers of PVT’s services (the “Service”). We encourage you to read the entire Policy and check this page periodically for any changes or updates. By using the Service, you expressly consent to the terms of this Policy, as it may be changed from time to time.

PVT is committed to maintaining your privacy and believes that, as a subscriber to the Service, you are entitled to know PVT’s information practices. This includes the limitations which PVT observes in the collection and disclosure of personally identifiable subscriber information, the type of personally identifiable information we collect, how we use subscriber information, under what conditions we may disclose this information, the period during which we maintain it and the rights of subscribers concerning this information and its disclosure.

If you have questions or concerns regarding this Policy, you should contact PVT at the contact information near the end of this Policy.

Information Collection

PVT collects information from you at several different points on the Service. Some of this information is personally identifiable information, but much of it is not. Personally identifiable information is information that identifies a particular person. When you establish an account for the Service we collect information such as your name, address, telephone number, e-mail address, as well as information used for billing, and payment (including bank and credit card information), and other information we may need to establish and service an account. During the initial provisioning of the Service, and any subsequent changes or updates to that provisioning, PVT collects technical information about your computer hardware and software, modem and/or other service-related devices, and customization settings and preferences.

PVT also collects personally identifiable information about you when you communicate with us for, among other things, support, maintenance, and billing, send us e-mails, respond to our surveys or e-mails, engage in chat sessions with us, register for information, or participate in promotions or contests. In addition, PVT may combine personally identifiable information, which we collect as part of our regular business records, with personally identifiable information obtained from third parties for the purpose of creating an enhanced personal database to use in marketing and other activities related to the Service and our other services.

Information Use and Disclosure

PVT considers the personally identifiable information contained in our business records to be confidential. Applicable law authorizes PVT to disclose personally identifiable information concerning any subscriber if the disclosure is:

  • necessary to render, or conduct a legitimate business activity related to, the Service and Service features or other services provided to the subscriber; or
  • required by law or legal process (as described below in this Policy); or
  • limited to the names and addresses of subscribers for “mailing list” or other purposes (subject to each subscriber’s right to prohibit or limit this disclosure as described below in this Policy).

In addition, PVT may use and disclose personally identifiable information collected from you your use of the Service as provided for by applicable law in order to:

  • install, configure, operate, provide, support, and maintain the Service;
  • confirm that you are receiving the service requested and are properly billed for it;
  • identify you when changes are made to your Service account;
  • make you aware of new products or services that may be of interest to you;
  • understand the use of, and identify improvements to, our Service;
  • detect unauthorized reception, use, or abuse of the Service;
  • determine whether there are violations of any applicable policies and terms of Service;
  • configure modems and/or other service-related devices; and
  • comply with applicable law and take steps to prevent fraud.

PVT may also use and disclose personally identifiable information as provided for by applicable law in order to perform, for example:

  • billing and invoicing;
  • administration;
  • surveys;
  • collection of fees and charges;
  • marketing;
  • service delivery and customization;
  • maintenance and operations;
  • technical support;
  • procurement of services, hardware or software necessary to the Service or offered through the Service
  • hardware and software upgrades; and
  • fraud prevention

In connection with the activities listed above, we sometimes disclose personally identifiable information about you to our affiliates or to others who work for us. We sometimes also disclose personally identifiable information about you to our employees for PVT’s internal business purposes, as well as to outside auditors, professional advisors and service providers, potential business transition partners, and regulators. Typically, we make these disclosures when the disclosure is necessary to render, or conduct a legitimate business activity related to the Service or other services we provide to you. We may be required by law or legal process to disclose certain personally identifiable information about you to lawyers and parties in connection with litigation and to law enforcement personnel. We may also disclose certain personally identifiable information about you to third parties such as, for example, charities, marketing organizations, or other businesses, in connection with disclosures made for “mailing list” or other purposes as described below in this Policy.

Legal Disclaimer

We make every reasonable effort to protect subscriber privacy as described in this Policy. Nevertheless, we may be required by law to disclose personally identifiable information about a subscriber without his or her consent and without notice in order to comply with a valid legal process such as a subpoena, court order, or search warrant. We may also use or disclose personally identifiable information about you without your consent to protect our customers, employees, or property, in emergency situations, to enforce our rights in court or elsewhere, or directly with you, and for violations of the Service’s terms of service and policies (including our Customer Agreement, Acceptable Use Policy and Fair Access Policy).

Transmission of Information

PVT transmits personally identifiable and non-personally identifiable information about you over the Service when you send and receive e-mail, chat, send instant messages, transfer and share files, make files accessible, visit Web sites, or otherwise use the Service and its features. Our transmission of this information is necessary to render the Service.

PVT uses third parties to deliver some features and functions of the Service, including customer and technical support, e-mail, instant messaging, and web hosting, and those third parties collect or transmit personally identifiable and non-personally identifiable information about you. These third parties are not permitted to use your personally identifiable information except for the purpose of providing their services. We will not read your outgoing or incoming e-mail, private chat, or instant messages, but we (or our third party providers) do store e-mail messages on computer systems for a period of time. We could be required to disclose these messages and communications along with other personally identifiable information about you to comply with law or to protect our Service as described in the Legal Disclaimer section of this Policy.

We also monitor the performance of our Service and your Service connection in order to manage, maintain, and improve the Service and your connection to it. We (or our third party providers) use tools to help prevent and block “spam” e-mails, viruses, spyware, and other harmful or unwanted communications and programs on the Service. These tools may automatically scan your e-mails, instant messages, file attachments, and other files and communications in order to help us protect you and the Service against these harmful or unwanted communications and programs. These tools do not collect or disclose personally identifiable information about you.

Service Providers

We contract with third parties to provide specific services and features for the Service. For example, our newsgroups are provided by a third party. When you use these particular services, generally you provide your name and specific Service-related information directly to the third party service provider. If you become a customer of these third parties directly, then you will be subject to their terms of service and privacy policies. You should carefully read their terms and policies to understand how they may use personally identifiable information about you.

Business Transitions

If PVT enters into a merger, acquisition, or sale transaction of all or a portion of its assets, subscribers’ personally identifiable information will, in most instances, be one of the items transferred as part of the transaction. If, as a result of the business transition this Policy will be changed, you should refer to the Notification of Changes to this Policy section. Aggregate information may also be transferred in connection with a business transition.

Preferences

We store information that you provide to personalize your settings on the Service so that you don’t have to change these settings each time you use the Service. We do not share your preferences with third parties except for service providers or other third parties who may provide certain components of the Service.

Cookies

Cookies are small files stored on a computer’s hard drive to simplify and improve a user’s Web experience. A Web site may store information in a cookie about your computer configuration so that it can more efficiently provide information to you the next time you visit the site. Or, your browser program might save a cookie with a reference key linking to your username and password on a remote server so that a Web site’s server will automatically recognize you the next time you access the site.

PVT uses cookies to remember your username and password, if you choose to store them, from the home page of the Service at www.PVT.com, as well as to remember some of your personalization preferences. PVT also uses cookies to determine when your current session on the Service’s Web site should be logged out after a period of no activity, as well as for efficient management of the servers providing our Web site including when you access the Personal Web Space services. In addition, PVT uses cookies to determine whether you are accessing the website at www.PVT.com or features of the Service from our Service or another Internet service provider. We do this in order to authenticate access to certain features of the Service, and to enable certain communications between Service subscribers. Aside from this reference by the cookie, PVT does not store your name or other personal information in cookies.

Some of our business relationships are with vendors who may use cookies (for example, search engines) or in connection with their own advertisers and other business partners. However, we have no access to or control over these third party cookies. For more information about how these vendors and their business partners use cookies, and how you may be able to “opt-out” of those cookies, read the privacy policy that applies to each vendor’s Web site. This Policy covers the use of cookies by PVT under the PVT.com domain; it does not cover the use of cookies by any other party or Web site unless stated otherwise.

Log Files and Web Site and E-mail Management

Like many Web sites, the Service’s Web site servers generate log files. These logs record aggregate (non­personally identifiable) information about site usage such as Internet protocol (IP) addresses, browser types, Internet service providers, referring/exit pages, pages accessed, platform types, date/time stamps, times of use, and page views, for example. This information is necessary to analyze trends, administer the Service’s Web site, balance web traffic, evaluate users’ electronic browsing in the aggregate, and gather broad demographic information for aggregate use.

Communications from PVT

Special Offers and Updates

We send all new subscribers to the Service a welcome e-mail and sometimes other information. Subscribers who would like to receive information from us about products, services, and special offers, promotions, and features may do so. See the Choice and Contact Preferences section of this Policy to learn how to opt in or opt out of receiving these types of promotional communications.

Service Announcements

We send subscribers Service-related announcements from time to time. For example, we may send you an e-mail announcement about a pricing change, a change in operating policies, or new features of the Service. You may not opt-out of these Service-related communications, though you can deactivate your Service account if you wish. If you fail to check your Service account and primary e-mail address for Service-related announcements, you may miss important information about the Service, including legal notices, for example.

Customer Service

We communicate with you to provide requested services and support for questions and issues relating to your Service account. We will reply to your requests for customer service by e-mail, phone, discussion forum, or through any other reasonable means.

Links

The Service’s Web site contains links to other sites. Some of these other sites may be co-branded with PVT and may look like Service features, but PVT is not responsible for the privacy practices of these other sites. We encourage you to be aware when you leave our Web site and to read the privacy policies of every Web site that collects personally identifiable information about you, whether the site is co-branded with PVT or not.

Security

PVT takes the security of our subscribers’ personally identifiable information seriously. We follow industry-standard practices to take such actions as are necessary to prevent unauthorized access to personally identifiable information by a person other than the subscriber or us. However, we cannot guarantee that these practices will prevent every unauthorized attempt to access, use, or disclose personally identifiable information.

Correcting and Accessing Information

If your personally identifiable information changes, if you wish to confirm the accuracy of your personally identifiable information, or if you no longer want to subscribe to the Service, we provide a way to correct that information and a way to deactivate a Service account.. You may contact us by telephone at the contact information listed below to correct information or deactivate your Service account. In addition, you may examine and copy any personally identifiable information we collect and maintain relating to you at your local PVT office upon reasonable notice and during regular business hours. If you wish to inspect those records, please contact us by telephone at 1-800-505-4844, giving us a reasonable period of time to locate and, if necessary, prepare the information for review, and to arrange an appointment during regular business hours. We will correct our records if you make a reasonable showing that any of the personally identifiable information we have collected about you is inaccurate. You will only be permitted to examine records that contain information about you and no one else. PVT reserves the right to charge you for the cost of photocopying any documents that you request.

Enforcement

You, as a subscriber to the Service, may enforce the limitations imposed on PVT by applicable federal law with respect to the collection and disclosure of personally identifiable information about you. You may do so through a civil action under federal law, in addition to other rights and remedies that may be available to you under federal or other applicable laws.

Retention of Information

PVT maintains personally identifiable information about you in our regular business records while you are a subscriber to the Service. We also maintain this information for a period of time after you are no longer a subscriber if the information is necessary for the purposes for which it was collected or to satisfy legal requirements. These purposes typically include business, legal, or tax purposes. If there are no pending requests, orders, or court orders for access to this personally identifiable information and the information is no longer necessary for the purposes for which it was collected, we will destroy the information within a reasonable time period or within a required timeframe established under applicable law, whichever is shorter.

Notification of Changes to this Policy

If we change this Policy (which we may do at any time), we will post those changes on the homepage of the Service Web site, or in other places we deem appropriate, so our subscribers are aware of what information we collect, how we use it, and under what circumstances, if any, we disclose it. We will use information in accordance with the Privacy Policy under which the information was collected. Your decision to continue receiving the Service after we make any changes to this Policy shall be deemed to be your express consent to the changes in the revised Policy.

Contact Information

If you have any questions or suggestions regarding this Policy, or wish to contact us about your personal information, please contact us at 1.800.505.4844.

Special Note about Children

The Service is not directed to children under the age of 13, and PVT does not knowingly collect personally identifiable information from anyone under the age of 18 on the Service unless expressly specified on the appropriate pages of the Service website. On those pages, PVT or its service providers will provide a special notice or other information describing any additional privacy protections that may apply. Children should always get permission from a parent or legal guardian before sending any information about themselves (such as their names, e-mail addresses, and telephone numbers) over the Internet, to us or to anyone else.

PVT NETWORKS, INC. (“PVT”) ACCEPTABLE USE POLICY

THESE TERMS AND CONDITIONS STATE IMPORTANT REQUIREMENTS REGARDING YOUR USE OF PVT’S INTERNET ACCESS SERVICE AND YOUR RELATIONSHIP WITH PVT. YOU SHOULD READ THEM CAREFULLY AS THEY CONTAIN IMPORTANT INFORMATION REGARDING YOUR RIGHTS AND OURS.

IF YOU DO NOT AGREE TO THESE TERMS AND CONDITIONS, YOU MAY NOT USE THE SERVICE AND YOU MUST TERMINATE YOUR SERVICE IMMEDIATELY

PVT may revise this Acceptable Use Policy (the “Policy”) from time to time without notice by posting a new version of this document on PVT.com, or any successor URL(s). All revised copies of the Policy are effective immediately upon posting. Accordingly, customers and users of the PVT High­Speed Internet Service should regularly visit these web sites and review this Policy to ensure that their activities conform to the most recent version. In the event of a conflict between any subscriber or customer agreement and this Policy, the terms of this Policy will govern. Questions regarding this Policy and complaints of violations of it by PVT customers and users can be directed to PVT via “Help” email obtainable at PVT.com.

It is PVT’s intent to provide our customers with the best Internet service possible. In order to accomplish this task, we have adopted this Acceptable Use Policy (the “AUP” or “Policy”). This Policy outlines acceptable use of the PVT High­Speed Internet access service (the “Service”), as well as permissible and prohibited conduct for using the Service to access the Internet. This Policy, including its customer use restrictions, is in addition to the restrictions contained in the PVT High­Speed Internet Customer Agreement (the “Customer Agreement”). All capitalized terms used in this AUP that are not defined here have the meanings given to them in the Customer Agreement.

It is the responsibility of all PVT High­Speed Internet customers and all others who have access to PVT’s network (“customer,” “you,” or “your”), to comply with this AUP and all PVT policies. As a Service customer, it is your responsibility to secure your computer equipment so that it is not subject to external threats such as viruses, spam, and other methods of intrusion. Failure to comply with these or any other PVT policies could result in the suspension or termination of your Service. If you do not agree to comply with all of these policies including the AUP, you must immediately stop use of the Service and notify PVT so that your account may be closed.

Note: PVT reserves the right to immediately terminate the Service and the Customer Agreement if you engage in any of the prohibited activities listed in this AUP or if you use the PVT Equipment or Service in a way which is contrary to any PVT policies or any of PVT’s suppliers’ policies. You must strictly adhere to any policy set forth by another service provider accessed through the Service.

Prohibited Uses and Activities

Prohibited uses include, but are not limited to, using the Service, Customer Equipment, or the PVT Equipment to:

(i) undertake or accomplish any unlawful purpose. This includes, but is not limited to, posting, storing, transmitting or disseminating information, data or material which is libelous, obscene, unlawful, threatening, defamatory, or which infringes the intellectual property rights of any person or entity, or which in any way constitutes or encourages conduct that would constitute a criminal offense, give rise to civil liability, or otherwise violate any local, state, federal or international law, order or regulation;

(ii) post, store, send, transmit, or disseminate any information or material which a reasonable person could deem to be objectionable, offensive, indecent, pornographic, harassing, threatening, embarrassing, distressing, vulgar, hateful, racially or ethnically offensive, or otherwise inappropriate, regardless of whether this material or its dissemination is unlawful;

(iii) access any other person’s computer or computer system, software, or data without their knowledge and consent; breach the security of another user; or attempt to circumvent the user authentication or security of any host, network, or account. This includes, but is not limited to, accessing data not intended for you, logging into or making use of a server or account you are not expressly authorized to access, or probing the security of other hosts, networks, or accounts;

(iv) use or distribute tools designed or used for compromising security, such as password guessing programs, decoders, password gatherers, analyzers, cracking tools, packet sniffers, encryption circumvention devices, or Trojan Horse programs. Network probing or port scanning tools are only permitted when used in conjunction with a residential home network, or if explicitly authorized by the destination host and/or network. Unauthorized port scanning, for any reason, is strictly prohibited;

(v) upload, post, publish, transmit, reproduce, create derivative works of, or distribute in any way information, software or other material obtained through the Service or otherwise that is protected by copyright or other proprietary right, without obtaining permission of the owner;

(vi) copy, distribute, or sublicense any software provided in connection with the Service by PVT or any third party, except that you may make one copy of each software program for back­up purposes only;

(vii) restrict, inhibit, or otherwise interfere with the ability of any other person, regardless of intent, purpose or knowledge, to use or enjoy the Service, including, without limitation, posting or transmitting any information or software which contains a worm, virus, or other harmful feature, or generating levels of traffic sufficient to impede others’ ability to send or retrieve information;

(viii) restrict, inhibit, interfere with, or otherwise disrupt or cause a performance degradation, regardless of intent, purpose or knowledge, to the Service or any PVT (or PVT supplier) host, server, backbone network, node or service, or otherwise cause a performance degradation to any PVT (or PVT supplier) facilities used to deliver the Service;

(ix) resell the Service or otherwise make available to anyone outside the Premises the ability to use the Service (i.e. wi­fi, or other methods of networking), in whole or in part, directly or indirectly, or on a bundled or unbundled basis. The Service is for personal and non­commercial use only and you agree not to use the Service for operation as an Internet service provider or for any business enterprise or purpose, or as an end­point on a non­PVT local area network or wide area network;

(x) connect multiple computers behind the cable modem to set up a LAN (Local Area Network) that in any manner would result in a violation of the terms of this Policy or an applicable Service plan;

(xi) transmit unsolicited bulk or commercial messages or “spam.” This includes, but is not limited to, unsolicited advertising, promotional materials or other solicitation material, bulk mailing of commercial advertising, chain mail, informational announcements, charity requests, and petitions for signatures;

(xii) send numerous copies of the same or substantially similar messages, empty messages, or messages which contain no substantive content, or send very large messages or files to a recipient that disrupts a server, account, newsgroup, or chat service;

(xiii) distribute programs that remove locks or time­outs built into software (cracks);

(xiv) run programs, equipment, or servers from the Premises that provide network content or any other services to anyone outside of your Premises LAN (Local Area Network), also commonly referred to as public services or servers. Examples of prohibited services and servers include, but are not limited to, e­mail, Web hosting, file sharing, and proxy services and servers;

(xv) initiate, perpetuate, or in any way participate in any pyramid or other illegal soliciting scheme;

(xvi) participate in the collection of e­mail addresses, screen names, or other identifiers of others (without their prior consent), a practice sometimes known as spidering or harvesting, or participate in the use of software (including “spyware”) designed to facilitate this activity;

(xvii) collect responses from unsolicited messages;

(xviii) impersonate any person or entity, engage in sender address falsification, forge anyone else’s digital or manual signature, forge any TCP/IP packet header (or any part of the header information in an email or a newsgroup posting) or gain access to any account or computer resource not belonging to you (e.g., “spoofing”) or otherwise hack, crack into, monitor, access, use, probe, or scan without authorization any system, network, data, traffic or security authentication measure or perform any other similar fraudulent activity;

(xix) service, alter, modify, or tamper with the PVT Equipment or Service or permit any other person to do the same who is not authorized

by PVT;

(xx) connect the PVT Equipment to any computer outside of your Premises;

(xxi) collect, or attempt to collect, personal information about third parties without their consent;

(xxii) interfere with computer networking or telecommunications service to any user, host or network, including, without limitation, denial of service attacks, flooding of a network, overloading a service, improper seizing and abuse of operator privileges and attempts to “crash” a host; and

(xxiii) violate the rules, regulations, or policies applicable to any network, server, computer database, or Web site that you access.

Prohibited Activities (specifically related to Cable TV)

PVT will not authorize or permit the exhibition of any inDemand Pay­Per­View Program or any inDemand Pay­Per­View Channel(s) in non­residential establishments, including, without limitation: (i) any locations open to the public; (ii) locations where an admission fee, cover charge, minimum or like sum is charged; (iii) commercial establishments, such as restaurants and bars, (iv) other non­residential buildings, such as hospitals, police stations, nursing homes, prisons, penal institutions, schools, libraries, and (v) or any public or common area in a residential building (such as an apartment house lobby) or otherwise. inDemand Pay­Per­View is not available to any commercial establishment.

Security

You are responsible for any misuse of the Service, even if the misuse was committed by a friend, family member, or guest with access to your Service account. Therefore, you must take steps to ensure that others do not use your account to gain unauthorized access to the Service by, for example, strictly maintaining the confidentiality of your Service login and password. In all cases, you are solely responsible for the security of any device you choose to connect to the Service, including any data stored or shared on that device. Account functions such as verifying and maintaining the account, options and settings, must be performed by a person at least 18 years of age, without exception. PVT recommends against enabling file or printer sharing of any sort unless you do so in strict compliance with all security recommendations and features provided by PVT and the manufacturer of the applicable file or printer sharing devices. Any files or devices you choose to make available for shared access on a home LAN, for example, should be protected with a strong password or as otherwise appropriate.

Inappropriate Content and Transmissions

PVT reserves the right, but not the obligation, to refuse to transmit or post and to remove or block any information or materials, in whole or in part, that it, in its sole discretion, deems to be offensive, indecent, or otherwise inappropriate, regardless of whether this material or its dissemination is unlawful. Neither PVT nor any of its affiliates, suppliers, or agents have any obligation to monitor transmissions or postings (including, but not limited to, e­mail, newsgroup, and instant message transmissions as well as materials available on the Personal Web Pages and Online Storage features) made on the Service. However, PVT and its affiliates, suppliers, and agents have the right to monitor these transmissions and postings from time to time for violations of this Policy and to disclose, block, or remove them in accordance with the Subscriber Agreement and any other applicable agreements and policies.

Electronic Mail

The Service may not be used to send unsolicited bulk or commercial messages and may not be used to collect responses from unsolicited e­mail sent from accounts on other Internet hosts or e­mail services that violate this Policy or the acceptable use policy of any other Internet service provider. Moreover, unsolicited e­mail may not direct the recipient to any Web site or other resource that uses the Service. Activities that have the effect of facilitating unsolicited commercial e­mail or unsolicited bulk e­mail, whether or not the e­mail is commercial in nature, are prohibited. Forging, altering, or removing electronic mail headers is prohibited. You may not reference PVT or the PVT network (e.g. by including “Organization: PVT” in the header or by listing an IP address that belongs to PVT or the PVT network) in any unsolicited e­mail even if that e­mail is not sent through the PVT network or Service.

PVT is not responsible for forwarding e­mail sent to any account that has been suspended or terminated. This e­mail will be returned to the sender, ignored, deleted, or stored temporarily at PVT’s sole discretion. In the event that PVT believes in its sole discretion that any subscriber name, account name, or e­mail address (collectively, an “identifier”) on the Service may be used for, or is being used for, any misleading, fraudulent, or other improper or illegal purpose, PVT (i) reserves the right to block access to and prevent the use of any such identifier and (ii) may at any time require any customer to change his or her identifier. In addition, PVT may at any time reserve any identifiers on the Service for PVT’s own purposes. PVT reserves the right to deactivate email accounts that have not been accessed for a period of 180 consecutive days.

Newsgroups

Messages posted to newsgroups must comply with the written charters or FAQs for those newsgroups as well as any other terms and conditions applicable to any particular newsgroups or provider of newsgroups. Advertisements, solicitations, or other commercial messages should be posted only in those newsgroups whose charters or FAQs explicitly permit them. You are responsible for determining the policies of a given newsgroup before posting to it. PVT reserves the right to discontinue access to any newsgroup at any time for any reason. PVT permits users of the Service to download a maximum of one gigabyte (1GB) of newsgroup content in any one month, unless users are subject to a Service plan that permits downloading more newsgroup content.

Instant Messages

Users alone are responsible for the contents of their instant messages and the consequences of any instant messages. PVT assumes no responsibility for the timeliness, mis­delivery, deletion or failure to store instant messages.

Personal Web Page and File Storage

As part of the Service, PVT provides you with access to personal Web pages and storage space through the Personal Web Pages and Online Storage features (collectively, the “Personal Web Features”). You are solely responsible for any information that you or others publish or store on the Personal Web Features. You must ensure that the intended recipient of any content made available through the Personal Web Features is appropriate. For example, you must take appropriate precautions to prevent minors from receiving or accessing inappropriate content. PVT reserves the right to remove, block, or refuse to post or store any information or materials, in whole or in part, that it, in its sole discretion, deem to be offensive, indecent, or otherwise inappropriate regardless of whether this material or its dissemination is unlawful. This includes, but is not limited to: obscene material; defamatory, fraudulent or deceptive statements; threatening, intimidating or harassing statements, or material that violates the privacy rights or property rights of others (copyrights or trademarks, for example). For purposes of this Policy, “material” refers to all forms of communications including narrative descriptions, graphics (including photographs, illustrations, images, drawings, logos), executable programs and scripts, video recordings, and audio recordings. PVT may remove or block content contained on your Personal Web Features and terminate your Personal Web Features and/or your use of the Service if we determine that you have violated the terms of this Policy.

Network, Bandwidth, Data Storage and Other Limitations

You must comply with all current bandwidth, data storage, and other limitations on the Service established by PVT and its suppliers. In addition, you may only access and use the Service with a dynamic Internet Protocol (“IP”) address that adheres to the dynamic host configuration protocol (“DHCP”). You may not access or use the Service with a static IP address or using any protocol other than DHCP unless you are subject to a Service plan that expressly permits otherwise.

You must ensure that your activity (including, but not limited to, use made by you or others of any Personal Web Features) does not improperly restrict, inhibit, or degrade any other user’s use of the Service, nor represent (in the sole judgment of PVT) an unusually large burden on the network. In addition, you must ensure that your activities do not improperly restrict, inhibit, disrupt, degrade or impede PVT’s ability to deliver the Service and monitor the Service, backbone, network nodes, and/or other network Services.

PVT does not routinely monitor the activity of Service accounts for violation of this AUP. However, in our efforts to promote good citizenship within the Internet community, we will respond appropriately if we become aware of inappropriate use of our Service. Although PVT has no obligation to monitor the Service and/or the network, PVT and its suppliers reserve the right at any time to monitor bandwidth, usage, transmissions, and content from time to time to operate the Service; to identify violations of this Policy; and/or to protect the network, the Service and PVT users.

PVT prefers to advise customers of inappropriate behavior and any necessary corrective action. However, if the Service is used in a way that PVT or its suppliers, in their sole discretion, believe violate this AUP, PVT or its suppliers may take any responsive actions they deem appropriate. These actions include, but are not limited to, temporary or permanent removal of content, cancellation of newsgroup posts, filtering of Internet transmissions, and the immediate suspension or termination of all or any portion of the Service. Neither PVT nor its affiliates, suppliers, or agents will have any liability for any these responsive actions. These actions are not PVT’s exclusive remedies and PVT may take any other legal or technical action it deems appropriate.

PVT reserves the right to investigate suspected violations of this AUP, including the gathering of information from the user or users involved and the complaining party, if any, and examination of material on PVT’s servers and network. During an investigation, PVT may suspend the account or accounts involved and/or remove or block material that potentially violates this Policy. You expressly authorize PVT and its suppliers to cooperate with (i) law enforcement authorities in the investigation of suspected legal violations, and (ii) and system administrators at other Internet service providers or other network or computing facilities in order to enforce this Policy. This cooperation may include PVT providing available personally identifiable information about you to law enforcement or system administrators, including, but not limited to, username, subscriber name, and other account information. Upon termination of your account, PVT is authorized to delete any files, programs, data and e­mail messages associated with your account.

The failure of PVT or its suppliers to enforce this AUP, for whatever reason, shall not be construed as a waiver of any right to do so at any time. You agree that if any portion of this Policy is held invalid or unenforceable, that portion will be construed consistent with applicable law as nearly as possible, and the remaining portions will remain in full force and effect.

The provisions of this Policy are not meant to be exhaustive. Generally, conduct that violates law, regulation, or the accepted norms and ethics of the Internet community or the community at large, whether or not expressly mentioned in this Policy, is prohibited. We reserve the right at all times to prohibit activities that damage our commercial reputation and goodwill or affect the quality of our services or our ability to provide services.

You shall comply with all applicable local, state, national and international laws and regulations, including those related to data privacy, international communications, and exportation or technical or personal data. You represent that you are not a specifically designated individual or entity under any US embargo or otherwise the subject, either directly or indirectly (by affiliation, or any other connection with another party) to any order issued by any agency of the US Government limiting, barring, revoking or denying, in whole or in part your US export privileges. You agree to notify PVT if you become subject to any such order.

You agree to indemnify, defend and hold harmless PVT and its affiliates, suppliers, and agents against all claims and expenses (including reasonable attorney fees) resulting from you engaging in any of the prohibited activities listed in this AUP or resulting from your violation of the AUP or of any other posted PVT policy related to the Service. Your indemnification will survive any termination of the Subscriber Agreement.

Unlimited Long Distance (Telephone Customers)

PVT’S UNLIMITED LONG DISTANCE SERVICE IS A SERVICE OFFERED FOR REASONABLE VOICE USE ONLY.

All toll calls outside of the contiguous 48 states will be charged standard PVT long distance rates. Subscriber acknowledges use of this service for data, modem, VPN, or other non­voice services, other than standard facsimile are strictly prohibited. Any form of mass or junk faxing is prohibited. PVT reserves the right to suspend or terminate the Unlimited Long Distance Service to Subscriber for any violation of this Agreement or the Terms of Use.

WARRANTIES AND LIMITATION OF LIABILITY.

YOU ACKNOWLEDGE AND AGREE THAT THE SERVICE SUPPLIED HEREUNDER IS PROVIDED ON AN “AS IS” OR “AS AVAILABLE” BASIS, WITH ALL FAULTS. EXCEPT AS OTHERWISE SPECIFICALLY SET FORTH IN THIS AGREEMENT AND AS OTHERWISE SPECIFICALLY SET FORTH IN ANY MANUFACTURER WARRANTY FOR ANY EQUIPMENT PROVIDED BY PVT (BUT ONLY IF SUCH WARRANTY IS INCLUDED WITH SUCH EQUIPMENT), PVT (AND ITS OFFICERS, EMPLOYEES, PARENT, SUBSIDIARIES, AND AFFILIATES), ITS THIRD PARTY LICENSORS, PROVIDERS AND SUPPLIERS, INCLUDING GLOBAL SERVICE PROVIDERS (GSPS), DISCLAIM ANY AND ALL WARRANTIES FOR THE SERVICE, WHETHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE, ACCURACY, NON­INFRINGEMENT, NON­INTERFERENCE, TITLE, COMPATIBILITY OF COMPUTER SYSTEMS, INTEGRATION, AND THOSE ARISING FROM COURSE OF DEALING, COURSE OF TRADE, OR ARISING UNDER STATUTE. NO ADVICE OR INFORMATION GIVEN BY PVT OR ITS REPRESENTATIVES SHALL CREATE A WARRANTY. USE OF PVT TECHNICAL SUPPORT IS AT YOUR OWN RISK AND IS NOT WARRANTED.

PVT DOES NOT WARRANT OR GUARANTEE THAT SERVICE CAN BE PROVISIONED TO YOUR LOCATION OR THAT PROVISIONING WILL OCCUR ACCORDING TO A SPECIFIED SCHEDULE, EVEN IF PVT HAS ACCEPTED YOUR ORDER FOR SERVICE. THE PROVISIONING OF SERVICE IS SUBJECT TO SERVICE AVAILABILITY AND OTHER FACTORS, INCLUDING YOUR COMPUTER/DEVICE CONFIGURATION AND CAPABILITIES, AMONG OTHER FACTORS.

PVT DOES NOT WARRANT THAT THE SERVICE OR EQUIPMENT PROVIDED BY PVT WILL PERFORM AT A PARTICULAR SPEED, BANDWIDTH OR DATA THROUGHPUT RATE, OR WILL BE UNINTERRUPTED, ERROR­FREE, SECURE, OR FREE OF VIRUSES, WORMS, OR THE LIKE. PVT SHALL NOT BE LIABLE FOR LOSS OF YOUR DATA, OR IF CHANGES IN OPERATION, PROCEDURES, OR SERVICES REQUIRE MODIFICATION OR ALTERATION OF YOUR EQUIPMENT, RENDER THE SAME OBSOLETE OR OTHERWISE AFFECT ITS PERFORMANCE. PVT MAKES NO WARRANTY REGARDING ANY TRANSACTIONS EXECUTED USING THE SERVICE OR THE INTERNET. PVT MAKES NO WARRANTY REGARDING THE CONTENT AND INFORMATION ACCESSED BY USING THE SERVICE OR ANY LINKS DISPLAYED. YOU EXPRESSLY ASSUME ALL RISK AND RESPONSIBILITY FOR USE OF THE SERVICE AND THE INTERNET GENERALLY. DO NOT USE THE SERVICE IN ANY HIGH RISK ACTIVITIES WHERE DAMAGE OR INJURY TO PERSON, PROPERTY, ENVIRONMENT, OR BUSINESS MAY RESULT IF AN ERROR OCCURS.

IN NO EVENT SHALL PVT (OR ITS OFFICERS, EMPLOYEES, PARENT, SUBSIDIARIES, OR AFFILIATES), ITS THIRD PARTY LICENSORS, PROVIDERS OR SUPPLIERS BE LIABLE FOR: (A) ANY DIRECT, INDIRECT, SPECIAL, CONSEQUENTIAL OR INCIDENTAL DAMAGES, INCLUDING WITHOUT LIMITATION, LOST PROFITS OR LOSS OF REVENUE OR DAMAGE TO DATA ARISING OUT OF THE USE, PARTIAL USE OR INABILITY TO USE THE SERVICE, REGARDLESS OF THE TYPE OF CLAIM OR THE NATURE OF THE CAUSE OF ACTION, INCLUDING WITHOUT LIMITATION, THOSE ARISING UNDER CONTRACT, TORT, NEGLIGENCE OR STRICT LIABILITY, EVEN IF PVT HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH CLAIM OR DAMAGES, OR

(B) ANY CLAIMS AGAINST YOU BY ANY OTHER PARTY.

ALL LIMITATIONS AND DISCLAIMERS STATED IN THIS PARAGRAPH ALSO APPLY TO PVT’S THIRD PARTY LICENSORS, PROVIDERS AND SUPPLIERS, AS THIRD PARTY BENEFICIARIES OF THIS AGREEMENT.

ANY RIGHTS OR LIMITS STATED HEREIN ARE THE MAXIMUM FOR WHICH PVT (AND ITS OFFICERS, EMPLOYEES, PARENT, SUBSIDIARIES, AND AFFILIATES), PVT’S THIRD PARTY LICENSORS, PROVIDERS AND SUPPLIERS ARE COLLECTIVELY RESPONSIBLE.

THE REMEDIES EXPRESSLY SET FORTH IN THIS AGREEMENT ARE YOUR SOLE AND EXCLUSIVE REMEDIES. YOU MAY HAVE ADDITIONAL RIGHTS UNDER CERTAIN LAWS (SUCH AS CONSUMER LAWS), WHICH DO NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES, OR THE EXCLUSION OR LIMITATION OF CERTAIN DAMAGES. IF THESE LAWS APPLY, OUR EXCLUSIONS OR LIMITATIONS MAY NOT APPLY TO YOU.

PVT RESERVES THE RIGHT TO PURSUE ANY AND ALL LEGAL AND EQUITABLE CLAIMS AGAINST YOU PERTAINING TO YOUR USE OR MISUSE OF THE SERVICE OR FOR YOUR BREACH OF THE AGREEMENT (INCLUDING ANY POLICIES RELATING TO THE SERVICE.)

Internet Provisions

PVT does not endorse or in any way vouch for the accuracy, completeness, truthfulness or reliability of any service, opinion, advice, communication, information or other content on or made available through the Service. None of such content should be construed or understood to constitute or reflect the views or approval of PVT Communications, Inc. or any of its subsidiaries or affiliates. We do not recommend that such content be relied on for reaching important decisions or conclusions without appropriate verification and, as appropriate, professional advice.

You acknowledge that Internet sites, and use of the Internet, might consist of, include and/or provide access to images, sound, messages, text, services or other content and material that may be unsuitable for minors and that may be objectionable to many adults. You acknowledge that PVT is not responsible for any such content or material and agree that access to same through use of the Service is at your sole risk. The reliability, availability, legality, performance and other aspects of resources accessed through the Internet are beyond PVT’s reasonable control and are not in any way warranted or supported by PVT or its third party contractors. You acknowledge that safeguards relative to copyright, ownership, appropriateness, reliability, legality and integrity of content may be entirely lacking with respect to the Internet and content accessible through it. You confirm that you assume all risk and liability of any use of the Internet through your account.

Access and Upgrades

Finally, please note that PVT may automatically check the version of the Customer Equipment and PVT software you are running and may provide upgrades to the system that will be automatically downloaded to your Customer Equipment. In addition, PVT may check the health and status of your system to ensure that the configuration of your computer is optimized for use with the Service. You hereby authorize all such access and upgrades.

DMCA

Owners of copyrighted works who believe that their rights under U.S. copyright law have been infringed may take advantage of certain provisions of the Digital Millennium Copyright Act of 1998 (the “DMCA”) to report alleged infringements. It is PVT’s policy in accordance with the DMCA and other applicable laws to reserve the right to terminate the service provided to any customer or user who is either found to infringe third party copyright or other intellectual property rights, including repeat infringers, or who PVT believes in its sole discretion is infringing these rights. PVT may terminate the service at any time with or without notice for any affected customer or user.

Designation of Agent to Receive Notification of Claimed Infringement
PVT Networks, Inc.
Rae Aaron
4011 W Main Street, Artesia, NM 88210
Phone: 575-748-1241
email: dmca@pvt.com

PVT Networks, Inc. (“PVT”), it’s affiliates and or assignees, may, in its sole discretion, change, modify, add or remove portions of this Agreement, and the Service provided there under, at any time. PVT will notify Customer of such changes by electronic or other means. Customer’s continued use of the Service following notice of such change shall be deemed to be Customer’s acceptance of any such modification.

1. Computer Equipment Requirement. A listing of the current minimum computer requirements is available by contacting PVT during regular business hours. The minimum requirements may change and PVT will make reasonable efforts to support previously acceptable configurations; however, Customer acknowledges that PVT is not obligated to continue to provide such support.

2. Access Provided. The Equipment provided by PVT (the “Equipment”) may allow Customers to access the Internet, online services and other information. Customer acknowledges that Customer may incur charges while using the Service in addition to those billed by PVT. Customers agree and understand that all such charges, including all applicable taxes, are the sole responsibility of Customer.

3. Service Commitment.

Contract Term. If you terminate service prior to the expiration of the Contract Term, you will be responsible (and your credit card, debit card, or bank account may be charged) for all equipment, installation and set-up fees waived at the time of activation. You may not downgrade your service plan to a lower service package until 90 days after activation of your Service.

Term and Renewal. The Contract Term commences on the date your Service is activated and continues for the duration of the Contract Term or unless terminated earlier by you or us in accordance with this Agreement. After the Contract Term expires, the term of your agreement will automatically renew on a month-to-month basis until terminated by you or us in accordance with this Agreement.

Age and Account Set-up. You represent that you are at least 18 years of age. You agree that you are responsible for obtaining installation services and Equipment from PVT and for verifying and maintaining the account, options, settings and other parameters under which the Service is used, including (without limitation) all related passwords and user identification information.

4. Payment Terms

1. Agreement to Pay. Customer agrees to pay all monthly fees and installation charges, including applicable franchise fees, taxes, customer service fees and late fees. Monthly fees may vary. If payment is not received by the due date, late fees may be assessed and the Service may be disconnected. Customer may be required to pay a reconnect fee in addition to all past due charges before the Service is reconnected. Customer further acknowledges that PVT may require a security deposit.

2. Payment Methods. Customer agrees to pay PVT in accordance with the payment terms on the invoice received by Customer for the Service and agrees that PVT has the right to change the structure and amount of its fees at any time subject to applicable law.

5. Prohibited Uses of the Service; Indemnity. Customer shall not use the Equipment or the Service directly or indirectly to:

1. Perform any activity deemed illegal;

2. Post, transmit, or disseminate content with violates any proprietary rights of PVT or any third part or is unlawful;

3. Post, transmit or disseminate objectionable information, including, without limitation, any transmissions constituting or encouraging conduct that would constitute a criminal offence, give rise to civil liability, or otherwise violate any local, federal or international law, order or regulation;

4. Copy, distribute or sublicense any software provided by PVT;

5. Unlawfully promote or incite hatred;

6. Operate a Web, http, FTP, e-mail, chat, nntp, game, Gateway or proxy server from home;

7. Invade another person’s privacy;

8. Upload, post, publish, transmit, reproduce, create derivative works of, or distribute in any way, information, software or other material obtained through the Service which is protected by copyright of other proprietary right, without obtaining permission of the owner;

9. You may not reference PVT (e.g., by including “Organization: PVT” in the header or by listing an IP address that belongs to PVT) in the header of any unsolicited e-mails, even if that e-mail is not sent through PVT’s network;

10. Disrupt or attempt to disrupt PVT’s backbone network. Prohibited disruptions include, but are not limited to, sending unsolicited bulk or commercial e-mail messages (“spam”). Unsolicited e-mail may not direct the recipient to any web site or other resource which uses the PVT Service. In addition, “mail bombing,” the sending of numerous copies of the same or substantially similar messages or very large messages or files with intent to disrupt a server or account, is prohibited;

11. Use the Equipment or Services in a way which is contrary to any other PVT policy that may be posted by PVT from time to time.

12. Service, alter, modify or tamper with any PVT-owned Equipment or Service or permit any other person to do the same that is not authorized by PVT.

13. Use a VPN(virtual private network) or VPN tunneling protocol;

14. Use an IP address or client ID not assigned to Customer;

15. Restrict, inhibit or otherwise interfere with the ability of any other person to use or enjoy the Equipment or the Service, including, without limitation, posting or transmitting any information or software which contains a virus, lock, key, bomb, worm, or other harmful feature; or generating levels of traffic sufficient to impede others’ ability to send or retrieve information.

16. Resell the Service or otherwise charge others to use the Service. The Service is for personal use only and Customer agrees not to use the Service for operation as an Internet Service Provider or for any other business enterprise.

17. Breach or attempt to breach the security of another user or attempt to gain access to any other person’s computer, software or data without the knowledge and consent of such person. The Equipment and the Service may not be used in any attempt to circumvent the user authentication or security of any host, network or account. Use or distribution of tools designed for compromising security is also prohibited.

Engaging in any of the activities listed above may result in immediate termination of the Agreement. In addition, PVT reserves the right to disconnect or reclassify as commercial grade any Customers found in violation of Section 7 items m, l, or k. This Section 5 shall not in any way limit PVT’s rights of terminating the service.

Customer agrees to indemnify and hold harmless PVT, and each of their respective affiliates, subcontractors, employees and agents, from any claims arising from Customer’s use of the Service; this includes, but is not limited to, use of the Equipment or Service in any manner prohibited under this Section8.

1. PVT’s Content Rights. PVT has neither liability nor obligation to;

1 Monitor the content of the Service and expressly disclaims any responsibility for any offense or injury arising out of the Customer’s access to or dissemination of such content. However, Customer acknowledges and agrees that PVT has the right to monitor content electronically from time to time and to disclose any information as necessary to satisfy any law, regulation or other governmental request to operate the Service properly, or to protect itself or its subscribers. PVT reserves the right to refuse to post or to remove any information or materials that, in its sole discretion, are unacceptable, undesirable or in violation of this Agreement.

2 Assume responsibility for the content contained on the Internet or otherwise available through the Service. There may be some content on the internet or otherwise available through the Service with may be offensive to some individuals, or which may not be in compliance with all local laws, regulations and other rules. All content accessed by Customer through the Service is accessed and used by Customer at Customer’s own risk, and PVT and each of their respective affiliates, subcontractors, employees and agents, shall have no liability whatsoever for any claims, losses, actions, damages, suits or proceeding arising out of or otherwise relating to access to such content by Customer. PVT specifically disclaims any responsibility for the accuracy, quality and confidentially of information obtained through the Service.

2. Customer Information

1. Credit Inquiries. Customer authorizes PVT to make inquiries and to receive information about Customer’s credit history from others and to enter this information in Customer’s file

2. Information Collection and Disclosure. Customer agrees that PVT may, from time to time, collect information concerning Customer’s use of the Service. Customer agrees that such information may be shared with other third parties provided that PVT (1) does not disclose any personally identifiable Customer information to others, except as allowed by law, and

(2) otherwise complies with all applicable privacy laws. Should Customer not wish that Customer’s information be used in such a manner, Customer can notify PVT Customer Service in writing and send to 4011 W. Main Artesia, NM, 88210 (505-748-1241).

3. Customer expressly grants PVT permission to disclose personally identifiable information relating to Customer or Customer’s account in response to (a) a subpoena issued in a civil or criminal investigation or litigation; (b) a civil investigative demand issued by a government entity; or (c) a court order.

3. Termination and Expiration.

1. Termination Rights. In the event of a breach of Agreement by Customer, PVT may terminate this Agreement at any time by providing the other party with no less than twenty-four (24) hour notice of termination. In the event of egregious offense of Customer, PVT may terminate Service immediately. PVT may notify the Customer of such termination by electronic or other means.

2. Customer Obligations Upon Termination. Customer agrees that upon termination of the Agreement:

Customer will pay PVT in full for Customer’s use of any PVT –owned Equipment and Service up to the later of the effective date of termination of the Agreement or the date on which the Service an any PVT-owned Equipment have been disconnected and returned to PVT. Customer agrees to pay PVT on a pro-rated basis for any use by Customer of any PVT-owned Equipment or Services for a part of a month.

Customer will permit PVT to access Customer’s premises at an agreed time to remove any PVT-owned Equipment and other material provided by PVT.

Customer will ensure the immediate return of any PVT-owned Equipment to PVT. Customer will return or destroy all copies of any software provided to Customer pursuant to this Agreement.

1. PVT Retention Rights. Nothing contained in this Agreement shall be construed to limit PVT rights and remedies available at law or in equity.

2. PVT Performance and Reliability Rights. Although PVT will make every commercially reasonable effort to deliver a high quality residential Internet access service, unless otherwise specified by PVT in writing. Customer is purchasing a residential data service with no performance or reliability warranty either expressed or implied. PVT reserves the right to manage its network for the greatest benefit of the greatest number of subscribers including, but not limited to the following: rate limiting, traffic prioritization, and the protocol filtering. Customer expressly acknowledges and accepts that such action on the part of PVT may affect the performance of the Service. PVT reserves the right to enforce limits on specific feature of the Service, including, but not limited to, e-mail, storage and web-hosting maximums.

1. Viruses. PVT may run a third party virus check software on Customer’s computer prior to installing software on Customer’s computer. PVT does not represent, warrant or covenant that the virus check software will detect or correct any or all viruses. Moreover, if a virus is found, PVT may treat the virus using the third arty virus check software, and this may result in damage to Customer’s software, files, and data. Software or other content downloaded from the Service may contain viruses and it is Customer’s sole responsibility to take appropriate precautions to protect Customer’s computer from damage to its software, files and data. PVT, nor any of its respective affiliates, subcontractors, employees or agents, shall have any liability whatsoever for any damage to or loss of destruction of any software, files or data resulting from any virus, lock, key, bomb, worm or other harmful feature.

1. No PVT Liability For:

1 Eavesdropping. Other Service subscribers may be able to access and/or monitor Customer’s use of the Service. This risk of eavesdropping exists not only with cable transmission facilities, but also on the Internet and other services to which access is provided by PVT as part of the Service. Any sensitive or confidential information (such as credit card numbers or other financial information, medical information or trade secrets) sent by or to Customer is sent at Customer’s sole risk, and PVT, nor any of its respective affiliates, subcontractors, employees or agents, shall not have any liability whatsoever for any claims, losses, actions, damages, suits or proceedings arising out of or otherwise relating to such actions by Customer.

2 FTP/HTTP/Proxy/Gateway Server Setup. Customer should be aware that when using the Service to access the Internet or any other online service, there are certain applications, such as FTP, HTTP, proxy, or gateway server applications, which may be used to allow other Service users and Internet users to gain access to Customer’s computer. PVT, nor any of its respective affiliates, subcontractors, employees or agents, shall have any liability whatsoever for any claims, losses, actions, damages, suits or proceedings resulting from, arising out of or otherwise relating to the sue of such applications by Customer, including, without limitation, damages resulting from others accessing Customer’s computer or from any loss of data maintained on the Network.

2. Limitations of Liability. Unless otherwise specifically provided in the Agreement, PVT, nor any of its respective affiliates, subcontractors, employees or agents, will be liable to Customer or to any third party for:

1. Any direct, indirect, incidental, special, punitive or consequential losses or damages, including loss of profits, loss of earnings, loss of business opportunities and personal injuries (including death), resulting directly or indirectly from or otherwise arising in connection with, the use of the Service by Customer or any other use of the Equipment, including, without limitation , any damage resulting from or arising out of Customer’s reliance on or use of the Equipment or Service, or the mistakes, omissions, interruptions, deletion of files, errors, defects, delays in operation, non-deliveries, mis-deliveries, transmission, or any failure of performance of the Equipment or Service;

2. Any direct, indirect, incidental, special, punitive or consequential losses or damages, including loss of profits, loss of earnings, loss of business opportunities and personal injuries (including death), resulting directly or indirectly from or otherwise arising in connection with, the termination o reclassification of Customer’s account by PVT pursuant to the Agreement; and

3. Any losses, claims, damages, expenses, liabilities or costs (including legal fees) resulting directly or indirectly out of, or otherwise arising in connection with, any allegation, claim, suit or other proceeding based upon a contention that the use of the Equipment or Service by Customer or a third party infringes the copyright, paten, trademark, trade secret, confidentiality, privacy, or other intellectual property right or contractual rights of any third party.

4. Customer’s sole and exclusive remedies under this Agreement are as expressly set out in the Agreement. Some states do not allow the limitation or exclusion of incidental or consequential damages, so such limitation or exclusions may not apply to you.

3. Installation/End User Software Licenses.

1 If the installation of an Ethernet card is required, it will be necessary to open Customer’s computer. System files on Customer’s computer may be modified as part of the installation process. PVT neither represents, warrants, nor covenants that such modifications will not disrupt the normal operations of Customer’s computer. PVT shall have no liability whatsoever for any damage resulting from the above or other file modifications. PVT is not responsible for returning Customer’s PC to its original configuration prior to installation.

2 PVT or its agents will supply and install certain software, and if required an extra cable outlet, a cable modem and an Ethernet card for a fee determined by PVT. PVT shall use reasonable efforts to install the Service to full operational status, provided that Customer’s computer fulfills the minimum computer requirements set out above in Section 1.

3 Customer agrees to comply with the terms and conditions of all end user license agreements accompanying any software of plug-ins to such software distributed by PVT in connection with the Service. All end-user software licenses shall terminate upon termination of this Agreement.

4 Customer may transfer the software provided by PVT to additional computers within the home, but service and support for these additional machines is limited and/or may incur an additional fee. However, Customer acknowledges that PVT has no responsibility to provide service and support for in-home networks. If Customer intends to transfer the software, Customer much give PVT prior notice of such transfer.

4. Multiple Users. Customer acknowledges that Customer is executing this Agreement of behalf of all persons who use the Equipment and/or Service through Customer’s computer. Customer shall have sole responsibility for ensuring that all such other users understand and comply with the terms and conditions of this Agreement. Customer further acknowledges and agrees that Customer is solely responsible and liable for any and all breaches of the terms and conditions of the Agreement, whether such breach is the result of use of Service and/r Equipment by Customer or by any other user of Customer’s computer.

5. Governing Law. This Agreement shall be exclusively governed by, and construed in accordance with, the laws of the state of New Mexico. Customer may not bring any claim, suit or proceeding more than one (1) year after the date the cause of action arose.

6. General. This Agreement constitutes the entire agreement and understanding between parties with respect to the subject matter of this Agreement and supersedes and replaces any and all prior written or verbal agreements. In the event that any portion of this Agreement is held to be unenforceable, the unenforceable portion shall be construed in accordance with applicable law as nearly as possible to reflect the original intentions of the parties and the remainder of the provisions shall remain in full force and effect. PVT’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 the parties nor trade practice shall act to modify any provision of this Agreement.

1. Customer Premises Equipment. Customers may have the option of purchasing equipment either from PVT or from a third party provider. PVT reserves the right to provide service only to users who have PVT approved equipment. Subscribers are strongly urged to check with PVT Customer Support at 4011 W. Main, Artesia, NM (505-748-1241) before purchasing non PVT equipment.

2. Access to Customer’s Premises. Customer authorizes PVT, and its employees, agents, contractors, and representatives to enter Customer’s premises (the “Premises”) in order to install, maintain, inspect, repair and remove the Equipment and/or the Service. If Customer is not the owner of the Premises, upon request, Customer will supply PVT with the owner’s name and address, evidence that Customer is authorized to grant access to the Premises on the owner’s behalf, and (if needed) written consent from the owner of the Premises.

3. Relocating/Removing Equipment. Customer will not remove the Equipment from the Premises or connect the Equipment to any outlet other than the outlet to which the Equipment was initially connected by PVT installer without prior consent from PVT. PVT may relocate the Equipment for Customer within the Premises at the Customer’s request. If Customer relocates to a new address, Customer will be required to enter into a new Subscriber Agreement to initiate Service. In all cases, Customer shall notify PVT. Customer acknowledges that Customer may incur additional charges for any Equipment relocation. Customer will not connect any other device to the internet modem outlet without prior consent from PVT. Customer understands that doing so may cause damage to PVT’s network and subject Customer to reasonable damages and may further be prosecuted for damages.

4. Customer Service. PVT expressly reserves the right to institute fees for providing certain customer support services if, at its sole discretion, it determines such fees are warranted. Customer acknowledges that PVT shall not be liable for any damage to Customer’s Equipment resulting from or arising in connection with its provision of technical service and support for the PVT Service, even if such damage results from the negligence of the PVT installer, technician or customer service representative.

5. Limited Warranty. Any PVT-owned Equipment and Service are provided by PVT “as is” without warranty of any kind. PVT does not warrant uninterrupted use of the Equipment or the Service. PVT does not warrant that any data or any files sent by or to Customer will be transmitted in uncorrupted form or within a reasonable period of time. All representation and warranties of any kind express or implied, including, without limitation, any warranties of non-infringement, fitness for a particular purpose and merchantability are hereby excluded and disclaimed.

6. Back-Up Requirements. Customer acknowledges and represents that he/she understands that the installation, use, inspection, maintenance, repair and removal of the Equipment may result in Service outages or potential damage to Customer’s computer. Customer therefore agrees to back­up all existing computer files by copying them to another storage medium prior to such activities involving the Equipment. Customer expressly releases PVT and each of their respective affiliates, subcontractors, employees and agents, from any liability whatsoever for any damage to or loss or destruction of any of Customer’s software, files, data or peripherals. Customer acknowledges that the sole responsibility for carrying out the back-up described in this Paragraph 22 resides with Customer and that PVT bears no responsibility for insuring that Customer has performed such back-up.

7. Damage to and Encumbrances on Equipment, Computer, Software.

? Ownership of Equipment. All Equipment, except for Equipment purchased and paid for by Customer, will at all times remain the property of PVT. Customer may not sell, transfer, lease, encumber or assign all or part of the Equipment to any third party. Customer shall pay the full retail cost for the repair of replacement of any lost, stolen, unreturned, damaged, sold, transferred, leased, encumbered or assigned Equipment or part thereof, together with any costs incurred by PVT in obtaining or attempting to obtain possession of any such Equipment. Customer hereby authorizes PVT to charge Customers’ Visa, Master Card, other credit card or other payment method authorized by Customer for any outstanding Service and Equipment charges. PVT may, as its option, install new or reconditioned Equipment, including swapping existing Customer Equipment for Replacement Equipment, for which the Customer may incur a fee.

Customer’s Hardware and Software. Should the hardware of Customer’s computer be damaged as a result of the gross negligence of PVT or the

Customer Purchased Equipment. Customer agrees to only connect PVT-approved Equipment to the PVT network. PVT bears no responsibility for the operation or maintenance of customer equipment.

8. Contact Address. For any inquiries or notices required in connection with this Agreement, Customer should contact PVT in writing at PVT, Customer Service, 4011 W. Main, Artesia NM, 88210

Thank you for choosing PVT to provide your entertainment services. We look forward to servicing you!

PVT NETWORKS, INC. 
Broadband Internet Access Service
Network Management Practices, Performance Characteristics, and Commercial Terms and Conditions for Fixed Services

Peñasco Valley Telephone Cooperative, Inc. (“PVT”) has adopted the following network management practices, performance characteristics, and commercial terms and conditions for its broadband Internet access services in compliance with the Federal Communications Commission’s (“FCC’s) Open Internet Framework requirements (GN Docket No. 09-191 and WC Docket No. 07-52).

These practices, characteristics, terms and conditions are intended to help preserve the Internet as an open framework that enables consumer choice, freedom of expression, end-user control, competition, and freedom to innovate without permission, while permitting the Company to manage its network reasonably.

These practices, characteristics, terms and conditions are effective as of November 20, 2011.

PVT may add, delete, or modify certain practices, performance characteristics, terms and conditions from time to time at its discretion.  It will provide clear written notice of these changes on this website, but will not notify customers, content providers, applications providers, service providers or device providers individually of such changes by bill inserts, e-mails, tweets, telephone calls or other direct communications unless specifically required to do so by federal or state authorities.  PVT will provide as much advance notice as practicable of such changes.  It will normally endeavor to furnish written notice on this website thirty (30) days before changes become effective, but reserves the right to use a shorter notice period when regulatory, operational, technical or other circumstances warrant.

I.  Network Management Practices

PVT manages its network with the goal of providing the best practicable broadband Internet experience to all of its customers.  Within the scope of its resources, it attempts to deploy and maintain adequate capacity and facilities within its own network, and to acquire sufficient Middle Mile capacity or facilities outside its service area to connect with the Internet.  PVT and its staff use their best efforts to monitor, address and minimize (but do not guarantee that they can prevent) the effects of spam, viruses, security attacks, network congestion, and other phenomena that can degrade the service of affected customers.

A. Congestion Management Practices

Congestion is an Internet access service problem that can slow web browsing, downloading, and other activities of the customers during certain peak usage periods.   Congestion may be caused by capacity limits and bottlenecks in a service provider’s own network, or by limitations in the capacity of the Middle Mile transport facilities and services that many rural service providers must purchase from unrelated entities to carry the traffic of their customers between their service areas and the closest Internet nodes.

As of October 2011, PVT has experienced occasional problems with congestion.

If significant congestion problems arise in the future, PVT’s most desired approach is to determine the source of the problem, and to increase the capacity of the affected portions of its network and/or of its Middle Mile routes where warranted.  However, network and Middle Mile upgrades often cannot be accomplished instantaneously because they require negotiations, authorizations and agreements with multiple unrelated entities such as lenders, government agencies, equipment vendors, property owners and other carriers.

If or when network and/or Middle Mile upgrades are not able to be deployed on a timely or reasonable basis, PVT reserves the right to monitor and identify which customer accounts are using the greatest amount of bandwidth during periods of heavy congestion, and to contact those “high-volume customers” to work out a solution to the problem.  PVT’s preferred solution will be to help such “high-volume customers” find acceptable times during non-peak periods to engage in the same activities.

If that preferred solution is not possible, PVT reserves the right to manage temporarily the Internet traffic of “high-volume customers” during periods of significant congestion until such periods of congestion pass.  This temporary traffic management will be accomplished by technically and commercially feasible methods that are available or that become available in the future.  Affected “high-volume customers” will still be able to access the Internet and engage in any and all online activities they desire.  However, during periods of congestion they may experience conditions such as longer times to download or upload files, slower Web surfing, and/or slower movements during online game playing.

Customers should note that any temporary traffic management practices employed by PVT will impact only identified and notified “high-volume customers” during periods when congestion problems are experienced, and will not be based upon the types of content, applications, services, or devices such customers use.  On the basis of its knowledge and experience as of November 2011, PVT expects that periods of temporary traffic management, if any, will be brief and infrequent.

For purposes of its congestion management practices, PVT is in the process of selecting equipment and functionalities to regulate congestion and measure individual customer usage, and  expects to acquire and install such facilities during 2012.  When such facilities are installed, PVT will consider a period in which a “congestion problem” arises and exists to be one where any segment of the network reaches saturation, and will consider a “high-volume customer” as one that uses more than 3 Gigabytes of bandwidth per day for more than one half of the billing cycle.

B.  Application-Specific Behavior Practices

PVT does not favor or inhibit certain applications or classes of applications.   Customers may use any lawful and commercially available application which they desire on PVT’s network.

PVT does not normally monitor the contents of the traffic or applications of its customers.  It undertakes no obligation to monitor or investigate the lawfulness of the applications used by its customers.  If any party contacts PVT with a substantial allegation that an application being used by a customer is unlawful, PVT will investigate the matter (including consultation, as it deems appropriate, with attorneys, consultants, federal or state regulators, and/or federal, state or local law enforcement agencies), and will take appropriate actions to deal with the use of applications that are demonstrated to be unlawful.

Customers may occasionally develop their own applications, or modify commercially available applications.  PVT will not prohibit the use of customer-developed or modified applications unless there is a reasonable belief that such applications will cause harm to its network.

PVT does not block or rate-control specific protocols or protocol ports.

PVT does not modify protocol fields in ways that are not prescribed by the applicable protocol standards.

C. Device Attachment Rules

PVT does not have any approval procedures that must be satisfied before a device can be connected to its network.  Customers may use any lawful, compatible, type-accepted (if necessary) and commercially available device which they desire on PVT’s network, as long as such device does not harm the network.

In order to ensure good quality and reliable service, PVT requires customers to use the modems that PVT connects to its lines at the edge of its network.  On the customer’s side of the modem, PVT does not monitor or regulate the devices used by its customers.

PVT undertakes no obligation to monitor or investigate the lawfulness of the devices used by its customers on their side of its modems.  For example, in addition to purchasing devices from third-party vendors, customers may occasionally develop their own devices, or modify commercially available devices.  PVT will not prohibit the use of lawful third party, customer-developed or customer-modified devices unless there is a reasonable belief that such devices will cause harm to its network.  If any party contacts PVT with a substantial allegation that a device being used by a customer is unlawful, PVT will investigate the matter (including consultation, as it deems appropriate, with attorneys, consultants, federal or state regulators, and/or federal, state or local law enforcement agencies), and will take appropriate actions to deal with the use of a device that is demonstrated to be unlawful.

D. Security Practices

PVT does not normally monitor the traffic of its customers.  It undertakes no obligation to monitor or protect such customer traffic from spam, viruses, denial-of-service attacks, or other malicious, unlawful or unwanted activities.

PVT recognizes that customers can purchase spam filtering and anti-virus software from commercial vendors to meet their needs.  PVT may from time to time offer anti-spam and/or anti-virus software or services to customers who desire to purchase them from PVT.  When offered, these software or services will be described and priced in other sections of this website and in PVT’s sales and marketing materials.  Customers are free to obtain anti-spam and/or anti-virus software or services from any source they desire, as long as such software or services do not disrupt or degrade the traffic of other customers of PVT or harm the network.

A customer that is subjected to a denial-of-service attack, or similar malicious, unlawful or unwanted activity, is urged to notify PVT as soon as possible.  PVT will work with the customer, other service providers, federal and state regulators, and/or law enforcement to determine the source of such activity, and to take appropriate, and technically and economically reasonable efforts to address the matter.

PVT employs commercially appropriate security procedures to protect its network and its customer records from unauthorized access by third parties.  PVT does not guarantee that it can protect customers from any and/or all security breaches.

E. Traffic Blocking

PVT does not block any lawful content, applications, devices, and/or non-harmful devices.

The only potential exceptions where blocking may occur entail the unlawful or harmful circumstances set forth in Sections I.A through I.D above.  For example, PVT employs certain mainstream devices at the edge of its network to recognize malicious traffic associated with certain known and/or current threats, and to drop such traffic at such network edge. PVT believes that all such circumstances constitute reasonable network management practices.

PVT does not knowingly and intentionally impair, degrade or delay the traffic on its network so as to render effectively unusable certain content, applications, services and/or non-harmful devices.  However, PVT notes that congestion may from time to time impair, degrade, or delay some traffic.

PVT does not charge edge service providers of content, applications, services and/or devices any fees simply for transporting traffic between them and its customers.

II. Performance Characteristics

Many of the service and performance characteristics of PVT’s broadband Internet access services are contained in the service offering portions of this website.  PVT offers different tiers of service at different prices, and changes these from time to time.

A. General Service Description

PVT uses a hybrid fiber optic coaxial (“HFC”) Data Over Cable Service Interface Specification (“DOCSIS”); a fixed point wireless; a copper digital subscriber line (“DSL”); and a fiber-to-the-premise (“FTTP”) network. The expected access speeds in the DSL portions of the network range from 1.5 megabits per second (“Mbps”) to 10 Mbps download and 768 kbps to 1.5 Mbps upload, depending upon the actual lengths of the respective fiber trunks and copper lines. The expected access speeds in the FTTP/DOCSIS portion of the network range from 512 kbps to 6 Mbps download and from 256 kbps to 3 Mbps upload, depending upon the electronics installed.  The expected access speeds in the fixed point wireless portion of the network range from 768 kbps to 6 Mbps download and from 256 kbps to 3 Mbps upload.

Actual access speeds and time delays (latency) are impacted by the length, capacity and congestion of Middle Mile transport facilities (between PVT’s service area and Internet nodes) as well as the characteristic of PVT’s own network.  Because conditions on these facilities and routes can change frequently, PVT cannot currently provide actual access speeds and latency information.

PVT’s service is suitable for real-time applications, except when the network is experiencing congestion.

B. Impact of Specialized Services

PVT offers facilities-based VoIP services to end-users.

As of November 2011, this specialized service has not adversely affected the last-mile capacity available for PVT’s broadband Internet access services, or the performance of such services.  Customer should note that significantly heavier use of specialized services (particularly IP video services) may impact the available capacity for and/or the performance of its broadband Internet access services. PVT will monitor this situation, and appreciates feedback from its customers.

C. Impact of Middle Mile Capacity Constraints

PVT must purchase Middle Mile capacity from other entities for routes approximately 200 to 550 miles long between PVT’s service area and the closest Internet nodes.

PVT has no ownership interest in its Middle Mile providers.  PVT cannot guarantee that it will be able to obtain additional Middle Mile capacity at commercially reasonable prices if and when needs for additional Middle Mile capacity arise.

III. Commercial Terms and Conditions

The commercial terms and conditions of PVT’s broadband Internet access services are contained in greater detail in the Subscriber Privacy Policy,Acceptable Use Policy, and Equipment Disclaimer portions of this website.   This section provides a brief overview or reference to terms and conditions detailed elsewhere, plus discussions of other terms and conditions required by the FCC’s Open Internet Framework.

A. Pricing Terms and Conditions

PVT offers different tiers and levels of service at different prices, and changes these from time to time.  These service tiers and prices are detailed in the service offering portion of this website.

PVT does not impose usage-based fees upon certain tiers or levels of its service.

PVT imposes fees for early termination with respect to certain of its service arrangements.  These early termination fees are imposed upon the service arrangements specifically identified on the signed contract in the manner and under the conditions set forth therein.

B. No Unreasonable Discrimination

PVT does not unreasonably discriminate in its transmission of traffic over the broadband Internet access services of its customers.  It endeavors to give its customers as much choice and control as practicable among its different service offerings and among the content, application, service and device offerings of edge service providers.  When reasonable network management practices entail differential treatment of traffic, PVT does not discriminate among specific uses, or classes of uses, of its network.

PVT does not impair, degrade or delay VoIP applications or services that compete with its voice services and those of its affiliates.

PVT does not impair, degrade, delay or otherwise inhibit access by its customers to lawful content, applications, services or non-harmful devices.

PVT does not impair free expression by actions such as slowing traffic from particular websites or blogs.

PVT does not use or demand “pay-for-priority” or similar arrangements that directly or indirectly favor some traffic over other traffic.

PVT does not prioritize its own content, application, services, or devices, or those of its affiliates.

C. Privacy Policies

As indicated above, PVT’s network management practices do not generally entail inspection of network traffic.

PVT retains and stores certain traffic information (such as the identity of the customer using a particular IP address during a specific period) for time periods required by federal or state law.

PVT retains, stores and provides to law enforcement any traffic information requested pursuant to the procedures of the Communications Assistance for Law Enforcement Act (“CALEA”), the Foreign Intelligence Surveillance Act (“FISA”) or other applicable national security or criminal statutes.

PVT does not collect, store or use traffic information to profile its customers in order to sell additional services to them, or for similar non-network management purposes

PVT’s other privacy policies and procedures are listed in the Subscriber Privacy Policy section of this website.

D. Redress Options

Questions and complaints regarding the foregoing matters should be addressed to PVT’s Customer Service Department at 575-748-1241/800-505-4844 or PVTCSRs@pvt.com.

PVT strongly desires to resolve questions, complaints and other problems of its customers and edge service providers in an informal and direct manner that satisfies all interested parties to the greatest extent practicable.

Customers and edge service providers that are not able to obtain satisfaction from PVT have the option of invoking the FCC’s informal and formal complaint procedures regarding Open Internet Framework disputes.