Legal Information

Legal Information

Questions you might have, answered all in one place.

Etiquetas de Banda Ancha

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Elevate Privacy Policy

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As the name “Elevate” suggests, we believe internet service providers should be held to a higher standard. And that includes how we handle customer information and protect customer privacy.

Elevate’s policy is simple: Unless required by law, this Privacy Policy applies and customer data stays private. This includes information about how our customers use the Elevate network, the services they subscribe to, the numbers they dial, web browsing history, app usage information, and location data. Elevate will not share, rent, or sell customer information to any third party unaffiliated with the delivery of our services. Period.

We use customer account information for internal purposes only and to communicate with you about the services you receive and related products and services available. If you don’t want communications about these products or services, opting out is easy: just let us know.

We know that our customers have options when it comes to internet service providers. Protecting your privacy makes good common sense, but also good business sense. And our Privacy Policy is just one of the many reasons we’re your trusted internet provider. Thanks for choosing Elevate.

Elevate Privacy Policy

  • As an Elevate Customer, you acknowledge this Privacy Policy is governed by the terms and conditions you agreed to when becoming an Elevate residential or business customer. Keep in mind that those terms, which can be seen at elevateinternet.com/legal, still apply regardless of this Privacy Policy and may be revised from time to time.
  • Elevate collects and maintains personally identifiable information concerning customers. That information includes, among other things, your: name, address, and phone number; billing information and records; location information; performance and support data; service maintenance and repair records; device identifiers; network addresses; premium service subscription information; marketing information; and customer complaints. We will never sell or share your information with parties unaffiliated with the delivery of our services.
  • Personally identifiable information is generally used for the normal business purpose of offering our services to you. Third parties may have access to such information when necessary in connection with our services. These include affiliates offering services via Elevate-related applications (for example Calix, Plume, and SmartHub); system sales agents; businesses providing service to our system, such as our accountants, billing, and collection services; entities collecting outstanding debts on behalf of Elevate; and program services that periodically audit subscription information. Elevate’s system will not maintain such information after it is no longer necessary for carrying on our business.
  • For certain Elevate-provided equipment (including Calix in-home routers) and applications from Elevate-affiliated businesses (such as Plume, ElevateIQ, or SmartHub), customer-specific information is collected and processed. This information can include your name, address, location, phone number, and browser information and cookies related to your use of the equipment and applications. This information can be used to create data insights based on correlation and analytics of your collected information, which can be used in aggregated and dis-aggregated formats or to obtain trend analytics in order to, for example: provide you with the services; implement, improve, and update our services and the applications; and fulfill Elevate’s obligations under its terms of service to you and ensure your compliance with those terms.
  • As an Elevate customer, you may review any personal information held by us, which pertains to you if you give us a reasonable period of time to locate and, if necessary, prepare the information for review. Preparation is sometimes necessary to avoid disclosure of information relating to other customers. If you wish to review your personal information, please contact us by letter, email, or telephone to arrange for a review. The review will be at our Montrose office. You may request correction of any errors in personal information that we collect and maintain pertaining to you. To appeal a decision regarding a request, you may email getanswers@elevateinternet.com explaining the reasons for your appeal.
  • As an ElevateIQ user, you can request account deletion by contacting us at getanswers@elevateinternet.com. Please include "ElevateIQ Account Deletion Request" in the subject line to expedite processing. Upon receiving your request, we will delete your ElevateIQ account and all associated data. ElevateIQ collects and retains your name, email, and location data until your account is deleted. Once your deletion request is processed, all data will be permanently removed from our servers with no additional retention period. For any further inquiries or concerns regarding data safety and handling, please contact us at getanswers@elevateinternet.com.
  • Federal law prohibits collecting any personally identifiable information other than information necessary to carry on our business or to detect theft of service, unless you consent. To the extent that we are permitted to collect personally identifiable information, we are permitted to disclose such information only to the extent necessary to conduct our business.  
  • Except as indicated otherwise in this Privacy Policy, Elevate will not disclose personally identifiable information without your consent, unless we are required to do so by legal process, a governmental entity, or court order.
  • Please also keep in mind that you may be subject to terms of service, privacy policies, data collection, or other agreements when you use Elevate’s services to interact with third parties. Elevate has no responsibility for determining the right and obligations of its customers with respect to those third parties.  

Aviso para Clientes de Energía de Respaldo

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Energía de respaldo para servicios de teléfono en el hogar durante cortes de energía

Durante muchos años, tu teléfono de hogar te permitía mantenerte conectado a los servicios de emergencia durante un corte de energía. Sin embargo, muchos de los servicios de teléfono avanzados de hoy en día requieren energía de batería de respaldo para continuar funcionando durante un corte. Para evitar una interrupción del servicio de voz en el hogar durante un corte de energía y para mantener la capacidad de conectarse a los servicios de emergencia 911, en Elevate te ofrecemos la opción de arrendar energía de respaldo para tus teléfonos de hogar.

Lo que tu batería puede y no puede hacer por ti

Las baterías de respaldo de Elevate para teléfonos te permiten seguir utilizando tus servicios de voz en el hogar durante un corte de energía. Sin una batería de respaldo o una fuente de respaldo alternativa como un generador, los clientes no podrán hacer llamadas, incluidas las llamadas de emergencia al 911. La única manera de mantener la capacidad de usar tu teléfono es utilizando alguna forma de energía de respaldo.

La batería de respaldo de Elevate no proporciona energía a ninguno de tus dispositivos personales. Solo garantizará que los servicios de internet y voz de Elevate continúen funcionando durante el corte de energía. Los sistemas de seguridad en el hogar, los dispositivos de monitoreo médico, las computadoras personales y otros equipos no funcionarán con una batería de respaldo para teléfonos de hogar.

Opciones de compra y reemplazo

Si te preocupa poder contactar a los servicios de emergencia 911 durante un corte de energía, una batería de respaldo puede ser una buena opción para ti.

Puedes arrendar una batería de respaldo directamente a través de Elevate. Si tienes alguna pregunta o simplemente deseas arrendar una batería de respaldo con nosotros, llama al 844-386-8744 o visita nuestro sitio web en elevateinternet.com. El costo de nuestras baterías de respaldo de 8 horas es de $4.95/mes. El costo de nuestras opciones de respaldo de 24 horas comienza en $14.85/mes. Si no te sientes cómodo instalando tu propia batería, por favor llámanos para hacer una cita, y con gusto te ayudaremos. Sin embargo, ten en cuenta que puede haber un cargo por este servicio.

Un suscriptor también puede optar por comprar una solución de batería de respaldo a través de un minorista local o en línea. Elevate puede proporcionar al suscriptor información del modelo de nuestra solución de batería de respaldo que coincida con el tipo de equipo que se está instalando. Aunque un suscriptor puede instalar por sí mismo una solución alternativa de batería de respaldo, Elevate no instalará ni reemplazará equipos comprados a un proveedor alternativo. Si un suscriptor arrienda la solución de batería de respaldo de Elevate, instalaremos la solución sin cargo, siempre que la solución se adquiera ANTES de la instalación inicial del servicio. Después de la instalación inicial del servicio, nuestra solución de respaldo estará disponible para instalación propia O se puede solicitar que Elevate realice la instalación a las tarifas estándar de servicio por hora.

Cuando Elevate instala nuestra solución de batería de respaldo, Elevate no es responsable de probar, monitorear o reemplazar baterías defectuosas. Elevate no garantiza servicios telefónicos ininterrumpidos, incluso para los suscriptores que tienen baterías de respaldo en funcionamiento u otras fuentes de energía. En algunos casos, como durante un evento meteorológico, la red telefónica pública puede experimentar otros problemas que impedirían el funcionamiento normal de los servicios, incluso si hay energía de respaldo disponible.

Duración esperada de la energía de respaldo

Se espera que las baterías de respaldo duren al menos 8 horas en modo de espera. Si consideras que no es suficiente tiempo, puedes extender tu tiempo de respaldo arrendando una batería de 16 o 24 horas, por una tarifa adicional, o baterías adicionales de 8 horas.

Instrucciones para el cuidado y uso adecuado de tu batería

Sigue las instrucciones más detalladas incluidas con tu batería para su uso, almacenamiento y cuidado adecuados, para asegurarte de que funcione como se necesita durante un corte de energía. Si no almacenas tu batería correctamente, esto podría acortar su vida útil. Factores ambientales como la temperatura pueden acortar la vida útil de tu batería. Recomendamos que almacenes tu batería por encima de 41°F y por debajo de 104°F.

Estas baterías [no] son recargables. No durarán para siempre y deben reemplazarse cada 1 a 2 años, o cuando tu dispositivo comience a emitir un sonido de pitido fuerte. Ese sonido significa que la batería está agotada y debe ser reemplazada.

Garantía de la batería

Si un dispositivo de respaldo falla sin que sea culpa del suscriptor, Elevate proporcionará un dispositivo de reemplazo sin cargo, sin embargo, se aplican tarifas de servicio. Si un dispositivo de respaldo falla debido a la culpa del suscriptor que está cubierto por el plan de protección de equipos, Elevate proporcionará un dispositivo de reemplazo sin cargo, pero se aplican tarifas de servicio. Si un dispositivo de respaldo falla debido a la culpa del suscriptor que no está cubierto por el plan de protección de equipos, el suscriptor pagará por el dispositivo y las tarifas de servicio.

Residential Terms of Service and Acceptable Use Policy

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TERMS OF SERVICE: ACCEPTABLE RESIDENTIAL USE POLICY

FOR

DMEA UTILITIES SERVICES, LLC (“ELEVATE”)

Effective September 7, 2016

BACKGROUND

To ensure the quality, security, and reliability of its fiber optic broadband service (the “Service”), Elevate has adopted this Acceptable Residential Use Policy (the “Residential Use Policy”). The Residential Use Policy applies to each residential customer’s (“Customer”) use of the Service, and forms a part of the Terms of Service referenced in the Residential Fiber Optic Broadband Service Application and Agreement (“Agreement”). This Residential Use Policy supersedes previous residential use policies, and governs each Customer’s access to and use of the Service.

RESIDENTIAL USE POLICY

1. Binding Nature of this Policy. By using the Service, Customer agrees to abide by the binding terms of this Residential Use Policy. Elevate may modify this Residential Use Policy at any point in the future, and all such modifications are also binding. Any Customer who does not agree to be bound by the terms of the Residential Use Policy must immediately stop using the Service and notify Elevate to terminate the account.

2. Elevate’s Right to Suspend or Terminate Service. Elevate reserves the right to immediately suspend, terminate, or restrict use of the Service without notice if such use—in Elevate’s sole discretion—violates this Residential Use Policy or interferes with Elevate’s Service or network.

3. Permitted Use. The residential Service is designed only for personal and family use within a single household. Customer agrees that only Customer and Customer’s authorized guests in the same household will use the Service. Customer will not use, or enable others to use, the Service for a business or commercial enterprise. Reselling or otherwise redistributing the Service—including by wireless means—is strictly prohibited.

4. Customer’s Responsibility for Use of the Service. Customer is responsible for any transmission sent, received, posted, accessed, or stored via the Service through Customer’s account, including the content of any communication. Customer is also responsible for any misuse of the Service, violation of law, violation of this Residential Use Policy, or violation of the other Terms of Service that occurs through Customer’s account—whether by Customer, or by an authorized or unauthorized third party.

5. Illegal or Harmful Use Prohibited. Customer may use the Service only for lawful purposes. Any use of the Service to transmit, receive, or store material that violates any law or which is harmful is prohibited. By way of example only, the following illegal and/or harmful conduct is prohibited:

a. Offensive Materials: Disseminating or posting material that is unlawful, libelous, defamatory, obscene, indecent, explicit, lewd, harassing, threatening, harmful, invasive of privacy or publicity rights, abusive, inflammatory or otherwise objectionable.

b. Infringement: Infringement of intellectual property rights such as copyright, trademark, patent, trade secret or other intellectual property right.

c. Fraudulent Conduct: Offering or disseminating fraudulent goods, services, schemes, or promotions (e.g., pyramid schemes, chain letters, “pump and dump” stock fraud, make-money-fast schemes).

d. Failure to Abide by Third-Party Policies: Violating the rules, regulations, or policies that apply to any third-party network, server, or computer database that you access.

e. Harmful Content: Disseminating or posting harmful content including viruses, Trojan horses, worms, or any other computer or other programming routines that may damage, interfere with, secretly intercept or seize any system, program, data or personal information.

f. Abuse of Newsgroups or Internet Chatrooms: Customer may not spam newsgroups or chat rooms and must comply with the written charters, rules, or terms of service for those forums. In addition, Customer may not cross-post the same or substantially similar message excessively, post binary files to non-binary groups, or flood or disrupt a group.

6. Electronic Communications. Customer may not use the Service to distribute, publish, or send unsolicited advertisements, solicitations, commercial e-mail messages or promotional messages of any kind (commonly known as “spam”). Nor may Customer use the Service to distribute, publish, or send unsolicited informational announcements, empty messages (or messages containing no substantive content), or very large messages that may disrupt a server. Collecting or harvesting email addresses from the Internet for the purpose of sending unsolicited bulk email (or to provide collected addresses to others for that purpose) is also prohibited.

7. Other Prohibited Activities. Any use of the Service that violates this Residential Use Policy or that negatively impacts network security, quality, or integrity is prohibited. Such violations include, without limitation:

a. Unauthorized access to or use of data, systems, or networks, including any attempt to probe, scan, or test the vulnerability of a system or network, or to breach security or authentication measures without express authorization of the owner of the system or network.

b. Unauthorized monitoring of data or traffic on any network or system without express authorization of the owner or network.

c. Interference with Internet service to any user, host, or network, including but not limited to: mail bombing, flooding, or denial of service attacks.

d. Failing to abide by the acceptable use policies of any networks, machines, or services that are accessed through the Service.

e. Forging the header of any transmitted information packet, email, or Usenet posting.

f. Modifying or tampering with any hardware, software, or configuration provided by Elevate including but not limited to routers, switches, and cable modem configuration files.

g. Using manual or electronic means to avoid any limitations established by Elevate or attempting to gain unauthorized access to, alter, or destroy any information relating to any Elevate customer or end-user.

h. Storing any program, utility or file on Elevate servers the use of which would constitute a violation of this policy. (For example, it is a violation to store hacker scripts, IRC bots, or spamming software on Elevate servers.)

i. Disrupting, degrading or otherwise adversely affecting Elevate’s network or computer equipment owned by Elevate or other Elevate Customers.

j. Excessive use of bandwidth that, in Elevate’s sole opinion, places an unusually large burden on the Elevate Service or exceeds normal usage. Elevate has the right to impose limits on excessive bandwidth consumption via any means.

k. Assuming or assigning an Elevate IP address that was not allocated to the user by Elevate.

l. Any use of the service for non-residential purposes.

8. Security. User is solely responsible for the security of any device connected to the Service, including any data stored on that device. Users shall take all necessary steps to avoid actions that result in the abuse of a resource on their network. Examples of abuse of resources include open news servers, open SMTP servers, unsecure wireless routers, and unsecure proxy servers. If Customer is using a wireless router, Elevate requires that any wireless network be secure and encrypted. Users must take appropriate action to prevent their systems from becoming infected with and/or distributing computer viruses such as but not limited to worms, “Trojan horses,” denial-of-service attacks, and bots.

9. Network Management. Elevate uses a variety of reasonable network management tools and practices consistent with industry standards. In the event that periods of congestion necessitate such management, Elevate has available the following tools and practices (without limitation and as may be adjusted over time): (i) use of an upper limit of bandwidth allocated for uploading of files during congested periods; (ii) Subscriber Traffic Management (STM) technology to temporarily lower the priority of traffic with the greatest impact on peak congestion; (iii) spam filtering and detection techniques; and (iv) measures to protect the security and integrity of its network, resources and Customers. In limited instances if employed, these techniques may affect the throughput rate at which Customers may send and receive data, the ability of users to establish session connections within the network, or result in the delay of certain traffic during times of peak congestion.

10. Monitoring. Elevate reserves the right at any time to monitor bandwidth, usage, transmissions, and/or content on the Service. Elevate need not proactively or routinely monitor a Customer account’s use of the Service for violations of this Residential Use Policy, though it reserves the right to do so. If Elevate is alerted to violations or potential violations of this Residential Use Policy, Elevate may take whatever measures it deems necessary and appropriate to investigate, stop, and/or prevent those violations.

11. Law Enforcement and Compliance with Applicable Laws. Elevate may refer potential violations of laws to the proper authorities, may cooperate in the investigation of any suspected criminal or civil wrong, and will cooperate with authorities when required to do so by law, subpoena, or when the public safety is at stake. Elevate assumes no obligation to inform Customer that information has been provided pursuant to law enforcement, court order, or by other legal obligation. In the event that Elevate becomes aware that Customer’s use of the Service may violate a law or this Residential Use Policy, Elevate reserves the right to take all such actions appropriate to address that violation. Such action includes but is not limited to suspension of service, reduction of service resources, and termination of service. Elevate is not liable for any such responsive action and these actions are not exclusive. Elevate may take any other legal or technical action it deems appropriate.

12. Limitation of Liability; No Warranty; Indemnity. Nothing in this Residential Use Policy impairs or modifies those portions of the Agreement addressing limitation of liability, no warranty, or indemnity.

13. No Waiver. The failure by Elevate to enforce any provision of Residential Use Policy at any point in time shall not be construed as a waiver of any right to do so at any future time thereafter.

14. Revisions to Policy. Customers should regularly visit Elevate’s website and review this Residential Use Policy to ensure that their activities conform to the most recent version of the policy. In the event of a conflict between the Agreement and this Residential Use Policy, the terms of this policy will govern. Questions or concerns about this Residential Use Policy should be addressed to questions@elevatefiber.com

10-Digit Dialing Requirements

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Telephone Dialing Changes in Effect

Starting October 24, 2021, all Colorado phone users, Elevate phone customers included, with the 970 and 719 area code must dial all 10 digits when making a local phone call. The 10-digit phone number includes the area code, plus the telephone number. Calls will not be completed if all 10 digits are not dialed.

This change was implemented by the Federal Communication Commission after authorizing 988 as the universal abbreviated dialing code for the National Suicide Prevention Lifeline. The 988 code will NOT go into effect until July 2022, however, for it to work, consumers in the 970 and 719 area codes must now transition to 10-digit dialing. People must still dial 1-800-273-8255 to reach the Lifeline until July 2022 and can continue to reach the Lifeline on that number even after the 988 dialing code is in effect.

Timeline

  • April 24 – October 23, 2021 – You should begin getting in the habit of dialing the full 10-digit number when making a local call.
  • October 24, 2021, and forward – You must dial the full 10-digit number when making a local call or your call will not be completed.
  • July 2022 – 988 will become the universal dialing code for the National Suicide Prevention Lifeline.

Important Reminders

You may need to update documentation and reprogram your phone equipment or software, including but not limited to the following:

  • Fax machines
  • Voicemail
  • Speed dialers
  • Contact lists
  • Call forwarding
  • Documentation

For more information on the change, visit fcc.gov/suicide-prevention-hotline. For a full list of affected area codes, visit nationalnanpa.com.

Elevate TV Complaint Resolution Procedure

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  • Customers with billing questions or complaints in regards to billing, can contact Elevate by calling 844-386-8744 during normal business hours, by emailing getanswers@elevateinternet.com, or by processing a written complaint. Billing questions and complaints will receive a response within two (2) business days.
  • Customers with questions or complaints in regards to signal quality can contact Elevate by calling 844-386-8744 during normal business hours, by emailing getanswers@elevateinternet.com, or by processing a written complaint.
  • You may file a written complaint with us or with the franchising authority. All complaints concerning the technical quality of the television signals we provide or billing issues should be put in writing and sent to:
    • TV Trouble Regulatory Affairs
      Elevate Fiber
      PO Box 1648
      Montrose, CO 81402
  • All complaints received concerning the technical quality of television signals will be logged in on the same day of receipt, and will include the date, time and nature of the complaint, as well as the name, address, and telephone number of the complaining subscriber.
  • A system engineer will analyze the complaint and make an initial assessment of its probable cause. A service technician will investigate complaints concerning the technical quality of television signals within 24 hours of receipt, consistent with our ability to access your premises if such access is deemed necessary to resolve the complaint. If the problem can be resolved without a service call to your premises, you will be advised of this.
  • All efforts will be made by our service technicians and other employees to resolve any complaints concerning the TV signal quality promptly and efficiently. If we are not able to resolve the problem, we will inform you of our determination and the reasons we cannot correct the problem. If you believe our investigation and handling of a complaint is deficient in some manner, you may contact your local franchising authority.

Elevate TV Notifications

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The FCC requires that as TV provider, Elevate Fiber (Elevate) must notify customers of the following.

  • Elevate provides TV service to customers in the communities where Elevate Fiber has fully been built and is available today. To verify if service is available to you please visit oin.elevatefiber.com/front_end/zones.
  • To have access to TV one must subscribe to internet from Elevate. The TV service is an app-based solution that requires an internet connection powered by Elevate.
  • TV packages available include: Locals for $45.95/mo., Expanded for $118.95/mo., and Extreme for $138.95/mo. An internet connection is needed to receive all packages. Local channel selection (Denver or Grand Junction DMA) is based on your location and cannot be swapped from one to the other due to federal regulations. A web browser, smart TV with applicable app, or a streaming device is needed to view content. Content can be viewed on up to 3 devices as the same time, if additional devices are needed you can add that at $2/device/mo. All channels are broadcast in HD. Each package comes with 100 hours of cloud DVR storage and replay TV, so you can view content from the past 72 hours. Prices and fees are subject to change.
  • TV activation is free of charge for self-install. If assistance is required, an Elevate technician can come out and install for the standard service fee – additional equipment fees are not included.
  • A contract is not required for TV service and service can be cancelled at any time without fees, except the prorated fees for when service was active.
  • Instructions on how to use our TV service is provided to customers by an Elevate technician at the time of installation (if installation is requested) or is emailed after activation. The full user guide can also be found at elevateinternet.com/tv. Additional information about the equipment can be found online at the link above.
  • Channel line-ups are available on the Elevate website at elevateinternet.com/tv.
  • Equipment compatibility. Elevate delivers TV service to your home with the Elevate internet signal and with an app-based program over the internet signal. This technology requires a special application or by accessing the web platform. Certain equipment may deliver a better experience, please contact us for more information or review the user guide online elevateinternet.com/tv.

Elevate Transparency Disclosure

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Open Internet Disclosure

The following policies apply to mass market broadband Internet services offered by Elevate  (“Elevate” or “we”). Elevate also offers services for large businesses that are tailored to these customer needs.  

elevateinternet.com/legal

It is Elevate’s policy to provide robust and reliable access to the Internet for all of its mass market end user customers. Because network resources are shared by all users, Elevate discloses and identifies the following policies govern its Internet services. These policies are designed to:

  • ensure that shared network resources are allocated fairly among all users;
  • allow users and prospective users to understand service policies and any significant limitations on the service; and
  • provide a foundation that assures customers they can rely on consistently receiving the level and quality of service to which they subscribe.

Elevate does not block access to, nor discriminate against, any lawful website or Internet application.

Customers are encouraged to familiarize themselves with the following policies which are deemed part of their Service Agreement. By using Elevate’s Internet service, the customer accepts, agrees to be bound by and to strictly adhere to, these policies. The customer also agrees to be responsible for compliance with these policies by third parties, such as friends, family members or guests that make use of the customer’s service accounts or equipment to access the network for any purpose, with or without the permission of the customer.

I. INTERNET TERMS OF SERVICE/ACCEPTABLE USE POLICIES (“AUP”) for Internet services are available at:

elevateinternet.com/legal

II. NETWORK MANAGEMENT; RELATED DEVICE AND PRIVACY POLICIES

Device Attachment Rules. With respect to Elevate’s broadband services, users may generally attach to the devices of their choice and run the applications of their choice, subject to the limitations of the terms of their service agreement and AUP. Elevate is not responsible for the compatibility, suitability or functionality of any equipment that is provided by the customer or any third party, and the customer remains fully responsible for ensuring that any such equipment does not cause any harm to the network or degrade the service of other users. All users are fully responsible for securing their equipment, including wireless routers, to prevent unauthorized access to the network by third parties and will be held fully responsible for the Actions of such third parties that gain unauthorized access to the network through unsecured end user equipment

Privacy Policy. Elevate collects personally identifiable information in order to proactively monitor network health, to troubleshoot fixed broadband service issues, and to bill for these services.  Elevate does not collect any information concerning the customer’s visited websites, application usage or other Internet activity, for any other purpose in the normal course of business.

Elevate’s customer privacy policy can be found at:

elevateinternet.com/legal

Elevate’s network management practices aim to provide maximum uptime performance and minimal service interruption and only entail inspection of network traffic as may be required to identify problematic performance of the network.  The Company 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.  The Company 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.

The Company does not collect, store or use traffic information to profile its customers with the intent of selling or monetizing such information.

III. COMMERCIAL TERMS

Pricing. Please see elevateinternet.com/internet and elevateinternet.com/business-internet for detailed information regarding the range of broadband products offered by the company. These plans and pricing are subject to change without notice, and do not include special assemblies that may be necessary to meet unique customer situations.

Redress Options. All end users and edge providers that have questions or complaints regarding broadband service should contact the Elevate business office at (877) 687-3632 or getanswers@elevateinternet.com. (“Edge Provider” refers to any content, application, service, and device provider, which generally operates at the edge rather than the core of the network.)

If a customer believes that these open Internet rules are not being met, we encourage contact to our business office, but realize a customer has a right to file an informal complaint at the Federal Communications Commission. The FCC urges customers to submit any complaints via its website at the following address: consumercomplaints.fcc.gov/hc/en-us . Customers may also file a formal complaint at the FCC using Part 76 of the Commission’s rules.

IV. ISP Disclosure

The Federal Communications Commission (FCC) issued rules requiring ISPs to disclose network management practices, performance, and commercial terms of their broadband Internet access services.  Elevate’s disclosure includes information required by paragraphs 218-223 of the Restoring Internet Freedom Order.

No blocking. Elevate does not block lawful content, applications, services, or non-harmful devices.

Throttling. Elevate does not degrade or impair access to lawful Internet traffic on the basis of content, application, service, user, or use of a non-harmful device.

Affiliated Prioritization.  Elevate does not directly or indirectly favor some traffic over other traffic, including through use of techniques such as traffic shaping, prioritization, or resource reservation, to benefit an affiliate.

Paid Prioritization.  Elevate does not directly or indirectly favor some traffic over other traffic, including through use of techniques such as traffic shaping, prioritization, or resource reservation, in exchange for consideration, monetary or otherwise.

Congestion Management. Elevate utilizes a redundant network architecture that is designed to provide users with true broadband speeds and reliability even during times of peak usage demand. The network has been constructed to meet projected traffic demands and is fully scalable to allow for capacity to be added to meet customer needs and to support newly developing and increasingly sophisticated applications well into the future. While it is unlikely, congestion can occur on any IP network, and when it does, packets can be delayed or dropped, leading to service degradation and delays. Because core network resources are shared by all end users, Elevate has implemented a traffic management policy that is designed to ensure that all users are able to utilize their fair share of network resources during periods of high demand.

Elevate has not implemented any network congestion management practices related to its customers’ bandwidth use. However, Elevate reserves the right to implement such practices in order to deliver the best possible Internet service to its customers and to be able to otherwise reasonably manage its network. In the event such network management practices are implemented, Elevate will update this Disclosure Statement.

Application-Specific Behavior. Prioritization of packets can be used for other purposes as well, such as to ensure the reliability of applications that demand real time or near real time communications such as public safety communications and, in the context of telephone services, E-911 communications. Generally, provisioned data speeds for Elevate’s mass market services are sufficient to support such applications as Voice over IP (VoIP), gaming, web surfing, or most streaming video. However, because Elevate’s residential, mass market broadband service generally does not prioritize such traffic; it is possible that certain applications requiring real time communications may perform at less than optimal levels, especially during periods of Elevate network demand.

Elevate operates secure data networks protected by industry standard firewall and password protection systems. Our security and privacy policies are periodically reviewed and enhanced as necessary and only authorized individuals have access to the information provided by our customers. In addition, Elevate may identify spam and prevent its delivery to customer email accounts, detect malicious Internet traffic and prevent the distribution of viruses or other harmful code or content and use other tools and techniques that OC may be required to implement in order to meet its goal of delivering the best possible broadband Internet experience to all of its customers.

Specialized Services.  Elevate currently does not provide any services that could impact its Internet access service in terms of bandwidth or service quality. If, at some point in the future Elevate begins providing such services, an update to this Disclosure Statement will be posted.

Security. We employ remote administration address filtering & Network address translation on most Elevate-owned Customer premise equipment to create a layer of network routing security  as a small layer of customer protection. No other end-user security measures are taken and all security related measures are the responsibility of the end-user. Public IP addresses may be requested and users of such are responsible for all anti-hacking security.

The company’s Privacy policy statements are included within its AUP, shown above.

Performance Characteristics. Elevate provides residential and commercial mass market customers with a choice of data plans to meet their needs.  Elevate also provides enterprise level Internet services that are custom tailored to the specific customer’s needs and individually priced based on the needs and criteria established by the Enterprise customer.   Elevate’s Internet speeds were calculated based upon speed tests conducted within the Elevate network and cannot take into account latencies to reach any specific site beyond the network Elevate owns and controls.

Broadband Service is provided using multiple access mediums and not all service providers will perform the same.

  • On Digital Subscriber Loop (DSL) copper broadband connections that are typically provided by an incumbent telephone service provider, customer realized service performance speeds are dependent on packages taken by customer. Latencies of 10ms - 50ms can be expected and realized speeds can vary greatly over the advertised speed.
  • On Fiber Optic broadband connections, observed speeds are dependent on packages taken by customer. Latencies of 10ms or less can be expected and achieved speeds of 100% of advertised speed are expected when testing from an Ethernet wired connection at the service demark.
  • On fixed wireless broadband connections, observed speeds are dependent on packages taken by customer. Latencies of 50ms-100ms can be expected and achieved speeds that vary widely from advertised speed.  These performance characteristics may be negatively influenced by geography, intervening buildings or vegetation, the weather, or distance.  

Internet speeds within the Elevate network may be measured by performing speed tests at any of the following URLs: www.speedtest.net   elevateinternet.com/internet-speed-test

While Elevate provisions its network and equipment to ensure that its customers can enjoy the speeds to which they subscribe, Internet speeds generally result from a “best effort” service and are dependent on a number of variables, many of which are outside the control of an Internet Service Provider.  Due to these variables, Elevate is not responsible for Internet speeds beyond its own network.  Such variables include: the age and processing capability of the user’s terminal device or computer;  the number of applications running simultaneously;  the presence of viruses or malware; whether the terminal equipment is connected to the network by wire or by wireless; the distance the data packets must travel between the user and the destination-website; the presence of congestion on and technical configuration of any intervening networks; any gating or congestion management schemes employed by destination-websites to limit download or upload speeds in cases where multiple users are served simultaneously.  Elevate does not guarantee that a customer will achieve the speeds set forth above at all times. Rather, the foregoing data speeds represent the best information available to Elevate of the typical speeds a customer can expect to experience under normal operating conditions.

Speed tests that allow customers to test the upload, download and latency performance of their broadband data services are available free of charge from a number of sources. Generally, these tests are influenced by the same variables that affect Internet speed set forth above.  Elevate hosts an internet speed test server that can be found at elevateinternet.com/internet-speed-test

to which the speed results will best represent a test of Elevate’s network performance.

Updated July 22, 2020