X

 

Terms and Conditions

  1. Acceptable Use Policy
  2. Terms of Use

ACCEPTABLE USE POLICY

CTC Telecom, Inc. (“CTC”) and its affiliates (collectively “CTC,” “us” or “we”) have adopted this Acceptable Use Policy (“AUP” or “Policy”) to facilitate the responsible use of CTC’s networks, systems, services and websites (“Networks/Services”) by our customers and any other users of our Networks/Services (“Customer,” “User,” “you,” or “your”) so that we my provide you with secure and reliable Networks/Services.  By using the Networks/Services, you agree to be bound by the terms and conditions of this Policy.  CTC may amend or modify this Policy at any time in its sole discretion, and such modification will be effective upon posting at https://ctcweb.net/Terms-and-Conditions. Any use of the Networks/Services following such modification shall be deemed your acceptance of the Policy as modified.
 
Indemnification
You will indemnify us for any and all claims, expenses, liabilities, losses, damages and costs, including without limitation legal fees, fines or civil penalties, incurred by us and arising from your use of the Networks/Services or any breach or suspected breach by you of this Policy or your violation of any law or the rights of any third party.
 
Suspension and Termination of Services
If we believe that you are in breach of this Policy, we may suspend or terminate your use of the Networks/Services, at any time without giving you prior notice.
 
We will also cooperate fully with any law enforcement authorities or court orders requesting or directing us to disclose the identity of, or locate, any person breaching any of the terms and conditions of this Policy.
 
Prohibited Uses of our Networks/Services:
  1. Attempting or accomplishing 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 or 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, or otherwise violate any local, state, federal, or non-U.S. law, order, or regulation;
  2. Sending Unsolicited Bulk Email ("UBE", "spam"). The sending of any form of Unsolicited Bulk Email through CTC's servers is prohibited. Likewise, the sending of UBE from another service provider advertising a web site, email address or utilizing any resource hosted on CTC's servers, is prohibited. CTC accounts or services may not be used to solicit customers from, or collect replies to, messages sent from another Internet Service Provider where those messages violate this Policy or that of the other provider.
  3. Running Unconfirmed Mailing Lists. Subscribing email addresses to any mailing list without the express and verifiable permission of the email address owner is prohibited. All mailing lists run by CTC customers must be Closed-loop ("Confirmed Opt-in"). The subscription confirmation message received from each address owner must be kept on file for the duration of the existence of the mailing list. Purchasing lists of email addresses from 3rd parties for mailing to or from any CTC-hosted domain, or referencing any CTC account, is prohibited.
  4. Advertising, transmitting, or otherwise making available any software, program, product, or service that is designed to violate this AUP or the AUP of any other Internet Service Provider, which includes, but is not limited to, the facilitation of the means to send Unsolicited Bulk Email, initiation of pinging, flooding, mail-bombing, denial of service attacks.
  5. Operating an account on behalf of, or in connection with, or reselling any service to, persons or firms listed in the Spamhaus Register of Known Spam Operations (ROKSO) database at http://www.spamhaus.org/rokso.
  6. Unauthorized attempts by a user to gain access to any account or computer resource not belonging to that user (e.g., "cracking").
  7. Obtaining or attempting to obtain service by any means or device with intent to avoid payment.
  8. Unauthorized access, alteration, destruction, or any attempt thereof, of any information of any CTC customers or end-users by any means or device.
  9. Knowingly engaging in any activities designed to harass, or that will cause a denial-of-service (e.g., synchronized number sequence attacks) to any other user whether on the CTC network or on another provider's network.
  10. Using CTC's Networks/Services to interfere with the use of CTC’s Networks/Services by other customers or authorized users.
Confidentiality
Other than personal information which is covered by our Privacy Policy, any material or information which you provide to us or transmit or post to our Website shall be considered non-confidential and non-proprietary.   While we will use reasonable efforts to ensure the security of our Networks/Services, you acknowledge and agree that the Internet is not a secure form of communication and no on-line system is impenetrable. We therefore cannot guarantee the security of your personal and confidential information on-line.
 
Third Party Websites
Our Website may contain hyperlinks to websites operated by other parties. We do not control such websites and we take no responsibility for, and will not incur any liability in respect of, their content. Our inclusion of hyperlinks to such websites does not imply any endorsement of views, statements or information contained in such websites.
 
Customer Responsibility for Users Activities
Each CTC customer is responsible for the activities of any users of their Internet connection and, by accepting service from CTC, customer is agreeing to ensure that any such end-users abide by this Policy. If violations of the CTC AUP occur, CTC reserves the right, with or without notice, to terminate services with or take action to stop the offending customer from violating CTC's AUP as CTC deems appropriate.  CTC recommends that Customer take appropriate security precautions for any systems connected to the Networks/Services. Customer is responsible for securing any wireless ("WiFi") networks connected to the Networks/Services to prevent unauthorized use.
 
Commercial Use of Residential Internet Connection
Residential Internet services provided by CTC are designed for single-household personal and family non-commercial Internet activities, such as web browsing, e-mail, news, chat, etc.  CTC understands and agrees that customers may be telecommuting or otherwise working from home which are allowed uses.  Customers who are connecting from home to their employer’s network may utilize virtual private networking (VPN) connections which may be very sensitive to packet loss and jitter.  While CTC makes every effort to minimize packet loss and jitter on the network, CTC makes no representation as to the suitability of its residential service for such use.  Customer agrees that only Customer, persons living in the same household, and guests will use the Service. The term "single household" means Customer's home and includes an apartment, condominium, flat or other residential unit that may be used as a residence in any multiple dwelling unit.  Customer is responsible for any misuse of the Service that occurs through Customer's account, whether by a member of Customer's household or an authorized or unauthorized third-party.
 
Customers subscribing to CTC’s residential Internet service agree that the service shall not be used for hosting of Internet connected servers including but not limited to web servers, email servers, news feeds servers, proxy servers, file servers, ftp servers, game servers or to run any other server application or to provide network or hosting services.  Customers will not use, or allow others to use, the residential service to operate any type of business or commercial enterprise unless subscribing to a business grade Internet service plan.
 
The customer agrees they will not use, nor allow others to use services provided by the ISP to operate any type of commercial enterprise and furthermore will not redistribute services provided by the ISP to any other entity (individual or otherwise) whether for free or for profit.
If CTC’s customer wishes to use ISP services for commercial purposes, CTC can provide a business service plan. If customer is unsure of their status, or would like to change their status, they may contact CTC at customerservice@ctctele.com.
 
Responsibilities of Resellers and Downstream Service Providers:
Some users may be customers of Internet Service Providers (ISPs) that receive Internet connectivity through CTC. Such ISPs (also known as resellers or downstream service providers) are responsible for informing their customers of this AUP and for enforcing its restrictions with regard to its customers’ actions. Complaints about customers of any such reseller or downstream service provider shall be forwarded to such reseller or downstream service provider for resolution. If at any time CTC determines that such reseller or downstream service provider is not taking appropriate action in accordance with this AUP, CTC shall work with such reseller or downstream service provider to review their policies and enforcement procedures. If the reseller or downstream service provider continues to fail to take appropriate action, CTC will take any action, as it deems appropriate, up to and including termination of the Services.
 
Incident Reporting
Any complaints regarding violation of this AUP by a CTC Customer (or its user) should be directed to abuse@ctctele.com. Where possible, include details that would assist CTC in investigating and resolving such complaint (e.g., expanded headers, IP address(s), a copy of the offending transmission and any log files).
 
Contact Information
Please feel free to contact us at CTC Telecom, Inc., PO Box 69 Cambridge, ID 83610  Phone: 208-257-3314 or email at abuse@ctctele.com.
 
Any notification that CTC sends to its Customers pursuant to this AUP will be sent via e-mail to the e-mail address on file with CTC or may be in writing to Customer's address of record. It is Customer's responsibility to promptly notify CTC of any change of contact information.
 

AGREEMENT BETWEEN USER AND CTC Telecom

The CTC Telecom Web Site is comprised of various Web pages operated by CTC Telecom.

The CTC Telecom Web Site is offered to you conditioned on your acceptance without modification of the terms, conditions, and notices contained herein. Your use of the CTC Telecom Web Site constitutes your agreement to all such terms, conditions, and notices.

MODIFICATION OF THESE TERMS OF USE

CTC Telecom reserves the right to change the terms, conditions, and notices under which the CTC Telecom Web Site is offered, including but not limited to the charges associated with the use of the CTC Telecom Web Site.

LINKS TO THIRD PARTY SITES

The CTC Telecom Web Site may contain links to other Web Sites ("Linked Sites"). The Linked Sites are not under the control of CTC Telecom and CTC Telecom is not responsible for the contents of any Linked Site, including without limitation any link contained in a Linked Site, or any changes or updates to a Linked Site. CTC Telecom is not responsible for webcasting or any other form of transmission received from any Linked Site. CTC Telecom is providing these links to you only as a convenience, and the inclusion of any link does not imply endorsement by CTC Telecom of the site or any association with its operators.

NO UNLAWFUL OR PROHIBITED USE

As a condition of your use of the CTC Telecom Web Site, you warrant to CTC Telecom that you will not use the CTC Telecom Web Site for any purpose that is unlawful or prohibited by these terms, conditions, and notices. You may not use the CTC Telecom Web Site in any manner which could damage, disable, overburden, or impair the CTC Telecom Web Site or interfere with any other party's use and enjoyment of the CTC Telecom Web Site. You may not obtain or attempt to obtain any materials or information through any means not intentionally made available or provided for through the CTC Telecom Web Sites.

USE OF COMMUNICATION SERVICES

The CTC Telecom Web Site may contain bulletin board services, chat areas, news groups, forums, communities, personal web pages, calendars, and/or other message or communication facilities designed to enable you to communicate with the public at large or with a group (collectively, "Communication Services"), you agree to use the Communication Services only to post, send and receive messages and material that are proper and related to the particular Communication Service. By way of example, and not as a limitation, you agree that when using a Communication Service, you will not:

  1. Defame, abuse, harass, stalk, threaten or otherwise violate the legal rights (such as rights of privacy and publicity) of others.
  2. Publish, post, upload, distribute or disseminate any inappropriate, profane, defamatory, infringing, obscene, indecent or unlawful topic, name, material or information.
  3. Upload files that contain software or other material protected by intellectual property laws (or by rights of privacy of publicity) unless you own or control the rights thereto or have received all necessary consents.
  4. Upload files that contain viruses, corrupted files, or any other similar software or programs that may damage the operation of another's computer.
  5. Advertise or offer to sell or buy any goods or services for any business purpose, unless such Communication Service specifically allows such messages.
  6. Conduct or forward surveys, contests, pyramid schemes or chain letters.
  7. Download any file posted by another user of a Communication Service that you know, or reasonably should know, cannot be legally distributed in such manner.
  8. Falsify or delete any author attributions, legal or other proper notices or proprietary designations or labels of the origin or source of software or other material contained in a file that is uploaded.
  9. Restrict or inhibit any other user from using and enjoying the Communication Services.
  10. Violate any code of conduct or other guidelines which may be applicable for any particular Communication Service.
  11. Harvest or otherwise collect information about others, including e-mail addresses, without their consent.
  12. Violate any applicable laws or regulations.

CTC Telecom has no obligation to monitor the Communication Services. However, CTC Telecom reserves the right to review materials posted to a Communication Service and to remove any materials in its sole discretion. CTC Telecom reserves the right to terminate your access to any or all of the Communication Services at any time without notice for any reason whatsoever.

CTC Telecom reserves the right at all times to disclose any information as necessary to satisfy any applicable law, regulation, legal process or governmental request, or to edit, refuse to post or to remove any information or materials, in whole or in part, in CTC Telecom's sole discretion.

Always use caution when giving out any personally identifying information about yourself or your children in any Communication Service. CTC Telecom does not control or endorse the content, messages or information found in any Communication Service and, therefore, CTC Telecom specifically disclaims any liability with regard to the Communication Services and any actions resulting from your participation in any Communication Service. Managers and hosts are not authorized CTC Telecom spokespersons, and their views do not necessarily reflect those of CTC Telecom.

Materials uploaded to a Communication Service may be subject to posted limitations on usage, reproduction and/or dissemination. You are responsible for adhering to such limitations if you download the materials.

MATERIALS PROVIDED TO CTC Telecom OR POSTED AT ANY CTC Telecom WEB SITE

CTC Telecom does not claim ownership of the materials you provide to CTC Telecom (including feedback and suggestions) or post, upload, input or submit to any CTC Telecom Web Site or its associated services (collectively "Submissions"). However, by posting, uploading, inputting, providing or submitting your Submission you are granting CTC Telecom, its affiliated companies and necessary sublicensees permission to use your Submission in connection with the operation of their Internet businesses including, without limitation, the rights to: copy, distribute, transmit, publicly display, publicly perform, reproduce, edit, translate and reformat your Submission; and to publish your name in connection with your Submission.

No compensation will be paid with respect to the use of your Submission, as provided herein. CTC Telecom is under no obligation to post or use any Submission you may provide and may remove any Submission at any time in CTC Telecom's sole discretion.

By posting, uploading, inputting, providing or submitting your Submission you warrant and represent that you own or otherwise control all of the rights to your Submission as described in this section including, without limitation, all the rights necessary for you to provide, post, upload, input or submit the Submissions.

LIABILITY DISCLAIMER

THE INFORMATION, SOFTWARE, PRODUCTS, AND SERVICES INCLUDED IN OR AVAILABLE THROUGH THE CTC Telecom WEB SITE MAY INCLUDE INACCURACIES OR TYPOGRAPHICAL ERRORS. CHANGES ARE PERIODICALLY ADDED TO THE INFORMATION HEREIN. CTC Telecom AND/OR ITS SUPPLIERS MAY MAKE IMPROVEMENTS AND/OR CHANGES IN THE CTC Telecom WEB SITE AT ANY TIME. ADVICE RECEIVED VIA THE CTC Telecom WEB SITE SHOULD NOT BE RELIED UPON FOR PERSONAL, MEDICAL, LEGAL OR FINANCIAL DECISIONS AND YOU SHOULD CONSULT AN APPROPRIATE PROFESSIONAL FOR SPECIFIC ADVICE TAILORED TO YOUR SITUATION.

CTC Telecom AND/OR ITS SUPPLIERS MAKE NO REPRESENTATIONS ABOUT THE SUITABILITY, RELIABILITY, AVAILABILITY, TIMELINESS, AND ACCURACY OF THE INFORMATION, SOFTWARE, PRODUCTS, SERVICES AND RELATED GRAPHICS CONTAINED ON THE CTC Telecom WEB SITE FOR ANY PURPOSE. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, ALL SUCH INFORMATION, SOFTWARE, PRODUCTS, SERVICES AND RELATED GRAPHICS ARE PROVIDED "AS IS" WITHOUT WARRANTY OR CONDITION OF ANY KIND. CTC Telecom AND/OR ITS SUPPLIERS HEREBY DISCLAIM ALL WARRANTIES AND CONDITIONS WITH REGARD TO THIS INFORMATION, SOFTWARE, PRODUCTS, SERVICES AND RELATED GRAPHICS, INCLUDING ALL IMPLIED WARRANTIES OR CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NON-INFRINGEMENT.

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL CTC Telecom AND/OR ITS SUPPLIERS BE LIABLE FOR ANY DIRECT, INDIRECT, PUNITIVE, INCIDENTAL, SPECIAL, CONSEQUENTIAL DAMAGES OR ANY DAMAGES WHATSOEVER INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OF USE, DATA OR PROFITS, ARISING OUT OF OR IN ANY WAY CONNECTED WITH THE USE OR PERFORMANCE OF THE CTC Telecom WEB SITE, WITH THE DELAY OR INABILITY TO USE THE CTC Telecom WEB SITE OR RELATED SERVICES, THE PROVISION OF OR FAILURE TO PROVIDE SERVICES, OR FOR ANY INFORMATION, SOFTWARE, PRODUCTS, SERVICES AND RELATED GRAPHICS OBTAINED THROUGH THE CTC Telecom WEB SITE, OR OTHERWISE ARISING OUT OF THE USE OF THE CTC Telecom WEB SITE, WHETHER BASED ON CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY OR OTHERWISE, EVEN IF CTC Telecom OR ANY OF ITS SUPPLIERS HAS BEEN ADVISED OF THE POSSIBILITY OF DAMAGES. BECAUSE SOME STATES/JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, THE ABOVE LIMITATION MAY NOT APPLY TO YOU. IF YOU ARE DISSATISFIED WITH ANY PORTION OF THE CTC Telecom WEB SITE, OR WITH ANY OF THESE TERMS OF USE, YOUR SOLE AND EXCLUSIVE REMEDY IS TO DISCONTINUE USING THE CTC Telecom WEB SITE.

SERVICE CONTACT : host@change.me

TERMINATION/ACCESS RESTRICTION

CTC Telecom reserves the right, in its sole discretion, to terminate your access to the CTC Telecom Web Site and the related services or any portion thereof at any time, without notice. GENERAL To the maximum extent permitted by law, this agreement is governed by the laws of the State of Washington, U.S.A. and you hereby consent to the exclusive jurisdiction and venue of courts in San Mateo County, California, U.S.A. in all disputes arising out of or relating to the use of the CTC Telecom Web Site. Use of the CTC Telecom Web Site is unauthorized in any jurisdiction that does not give effect to all provisions of these terms and conditions, including without limitation this paragraph. You agree that no joint venture, partnership, employment, or agency relationship exists between you and CTC Telecom as a result of this agreement or use of the CTC Telecom Web Site. CTC Telecom's performance of this agreement is subject to existing laws and legal process, and nothing contained in this agreement is in derogation of CTC Telecom's right to comply with governmental, court and law enforcement requests or requirements relating to your use of the CTC Telecom Web Site or information provided to or gathered by CTC Telecom with respect to such use. If any part of this agreement is determined to be invalid or unenforceable pursuant to applicable law including, but not limited to, the warranty disclaimers and liability limitations set forth above, then the invalid or unenforceable provision will be deemed superseded by a valid, enforceable provision that most closely matches the intent of the original provision and the remainder of the agreement shall continue in effect. Unless otherwise specified herein, this agreement constitutes the entire agreement between the user and CTC Telecom with respect to the CTC Telecom Web Site and it supersedes all prior or contemporaneous communications and proposals, whether electronic, oral or written, between the user and CTC Telecom with respect to the CTC Telecom Web Site. A printed version of this agreement and of any notice given in electronic form shall be admissible in judicial or administrative proceedings based upon or relating to this agreement to the same extent an d subject to the same conditions as other business documents and records originally generated and maintained in printed form. It is the express wish to the parties that this agreement and all related documents be drawn up in English.

COPYRIGHT AND TRADEMARK NOTICES:

All contents of the CTC Telecom Web Site are: Copyright CTC Telecom and/or its suppliers. All rights reserved.

TRADEMARKS

The names of actual companies and products mentioned herein may be the trademarks of their respective owners.

The example companies, organizations, products, people and events depicted herein are fictitious. No association with any real company, organization, product, person, or event is intended or should be inferred.

Any rights not expressly granted herein are reserved.

NOTICES AND PROCEDURE FOR MAKING CLAIMS OF COPYRIGHT INFRINGEMENT

Pursuant to Title 17, United States Code, Section 512(c)(2), notifications of claimed copyright infringement under United States copyright law should be sent to Service Provider's Designated Agent. ALL INQUIRIES NOT RELEVANT TO THE FOLLOWING PROCEDURE WILL RECEIVE NO RESPONSE. See Notice and Procedure for Making Claims of Copyright Infringement.