TERMS OF SERVICE: ACCEPTABLE RESIDENTIAL USE POLICY
DMEA UTILITIES SERVICES, LLC (“ELEVATE”)
Effective September 7, 2016
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).
2016.09.07 Elevate Acceptable Residential Use Policy 2
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 email@example.com
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, 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 this customer information to any third party. Period.
- Elevate does collect and maintain personally identifiable information concerning customers. That information includes, among other things, your name, address, and phone number, billing records; service maintenance and repair records; premium service subscription information; marketing information and customer complaints. We will never sell or share your information with parties unaffiliated to the delivery of our services.
- Personally identifiable information is generally used for the normal business purpose of offering our services to you. Some persons have access to such information when necessary in connection with our business or when otherwise desirable. Access may be on a day-to-day basis. Those people who have access include employees; system sales agents; businesses which provide service to our system, such as our accountants, billing and collection services, program and program guide providers where applicable; program services which will periodically audit subscription information and other business that seeks to use your name, address, etc. Elevate’s system will not maintain such information after it is no longer necessary for carrying on our business.
- 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 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.
- 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. In addition, the law allows us to disclose your name and address for non-service related mailing lists or other purposes unless you tell us you do not wish us to disclose it. Unless required by law, such disclosures of names and addresses will not be in a form that discloses the extent or type of any use you make of service we provide, nor will it disclose the nature of a transaction you make over our system.
- We may disclose personal information in the process of collecting outstanding debt. If you do not wish to have your name and address disclosed even in limited situations described above, or if you wish to limit the circumstances in which we will disclose it, please contact our local business office. Except as indicated in the preceding paragraph, we may not disclose personally identifiable information without your consent, unless we are required to do so by court order. Under some circumstances, a governmental entity may seek a court order to obtain personally identifiable information from our system concerning an Elevate customer.
- To protect our customer’s information, Elevate adheres to an authentication procedure before information is shared and/or changes are made to accounts.
Business Ethernet Broadband Internet Service Level Agreement
Service Level Agreement
The Elevate Fiber (EF) broadband network (“Network”) will be available 99.99% of the time. If availability falls below 99.99% within a 30 calendar day period, Customer will be entitled to a credit as set forth in the “Credit Limits” below. Network unavailability is determined by the number of minutes the network was not available to Customer, but does not include unavailability resulting in whole or in part from any one or more of the following causes:
1. The fault or negligence of Customer; or
2. Any network unavailability continuing for one hour or less which Customer fails to report within two (2) business days of the occurrence of network unavailability;
3. Any planned interruption or routine maintenance; or
4. The failure of interconnecting facilities or other equipment which are not part of EF’ facilities or within EF’s control; or
5. Any force Majeure event(s).
Network Operations Center
The EF Network Operations Center (NOC) will be available 24 hours per day seven (7) days per week. The 24/7 dispatch number is 1-877-687-3632.
1. A “Service Outage” begins when the NOC identifies a failure and ends when NOC records such failure and Customer agrees that Service has been restored. The NOC will open a trouble ticket and initiate diagnostic testing and trouble isolation activities to determine the source of the failure and its severity. NOC will assume responsibility and management of the trouble ticket, once initiated. Customer assumes sole responsibility to initiate the trouble ticket. No service credits will be extended to any Customer unless a trouble ticket has been opened with the NOC. In the event of a Service Outage, EF will make every reasonable effort to restore Service within a period of four (4) hours.
2. EF shall provide ample notice of any planned service outage that will affect Customer’s Service. Planned Service Outages will only occur between the hours of 12:00 a.m. and 6:00 a.m. in the time zone of the effected network.
3. In the event of an emergency Service Outage, EF will make every reasonable effort to notify Customer via e-mail when and for how long Service will be interrupted.
To receive credits, Customer must contact EF within two (2) business days of the occurrence of network unavailability, by sending an email to firstname.lastname@example.org. The email must contain documentation supporting the claim of a Service Outage, such as PING and/or trace route output taken at the time of the network unavailability occurrence, which demonstrates the problem(s) being reported. EF will take all measures it deems appropriate to investigate reported Service Outages. Determination of credits due will be made solely by EF. After the NOC has determined the extent of all Service Outages, credits will be calculated using the following formula: The monthly service charge for the effected network Service will be prorated by the total hours of network unavailability multiplied by a factor of two (2). Total credits under this Agreement are limited to the monthly recurring charge for the effected Service for the month in which the Service does not meet the Service guarantee set forth in the “Service Level Agreement” section above.
If availability, as defined above, falls below 99.99% for any two (2) out of five (5) consecutive 30 calendar day periods during the Term of this agreement, in addition to the credit set forth, Customer shall be entitled to early terminate Service within fifteen (15) days written notice to EF and, in the event of any said early termination, notwithstanding anything in this Agreement to the contrary, including but not limited to Section 3.10 of the Customer Service Agreement, Customer shall not be liable for any third party cancellation/termination charges or any monthly recurring charges (“MRC”) after the effective date of early termination.
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 https://join.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 $29.95/mo., Expanded for $84.95/mo., and Extreme for $109.95/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. A local broadcast fee of is assessed to all TV customers. 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 $75/hour – 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 https://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 https://elevateinternet.com/channel-lineup.
- 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 https://elevateinternet.com/tv.
- Customers with billing questions or complaints in regards to billing, can contact Elevate by calling 844-386-8744 during normal business hours, by emailing email@example.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 TVtrouble@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
PO Box 1648
Montrose, CO 81402
- TV Trouble Regulatory Affairs
- 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 technical 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.