Acceptable Use Policy

This Acceptable Use Policy (“AUP”) applies to the network and all services and products (“Service”) provided by Eastex Telephone Cooperative, Inc., directly, or through any of its subsidiaries or affiliates (collectively, “Eastex”) to its customers, members, or end-users (“You” or “Your”). This AUP is in addition to other rules, guidelines, agreements, or policies available at Eastex’s website at https://www.eastex.com/legal/ .

By using the Service, You agree to comply with the rules of the Service and the appropriate rules for other networks or services connected directly or indirectly to the Service, including any other generally applicable Acceptable Use Policies established for the Internet as a whole.

The Service may only be used for lawful purposes for Your individual use. You agree to use responsible Internet practices, including, without limitation, using computer security and anti-virus protections, to ensure that unauthorized third parties do not gain access to Your computer or computer network or the Service.

Eastex reserves the right to change or modify the terms of this AUP at any time by posting a new version of the policy on the Website. Revised versions of the AUP are effective immediately upon posting to the Website. Your continued use of the Service after revised versions of the AUP are posted to the Website shall constitute acceptance of any changed or additional terms. It is recommended that You regularly visit the Website and review this AUP and any additional policies to ensure that Your activities conform to the most recent version of the AUP.

RESTRICTIONS ON NETWORK & USAGE, CONDUCT & INFORMATION, AND TECHNICAL USE

In using the Service, You agree not to:

Resell the Service or otherwise permit the use of the Service by any unauthorized users, or to otherwise make the Service available to anyone outside the location where You are authorized to receive Service (the “Premises”) or to permit or enable any other persons to obtain the ability to use the Service (i.e., through wi-fi or other methods of networking), in whole or in part, directly or indirectly;
Restrict or inhibit any other user from using and enjoying the Internet;
Restrict, inhibit, interfere with, or otherwise disrupt performance of the Service or cause a performance degradation, regardless of intent, purpose or knowledge, to the Service or any Eastex (or Eastex supplier) host, server, backbone network, node or service;
Connect any Eastex provided or authorized equipment to any computer or device outside of Your Premises;
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 abusing operator privileges, and attempts to “crash” a host;
Accessing and using the Service with anything other than a dynamic Internet Protocol (“IP”) address that adheres to the dynamic host configuration protocol (“DHCP”). You may not configure the Service or any related equipment to access or use a static IP address or use any protocol other than DHCP unless expressly permitted to do so by Eastex;
Post or transmit any message, data, image or program that would violate the property rights of others, including unauthorized copyrighted text, images or programs, trade secrets or other confidential proprietary information, and trademarks or service marks used in an infringing fashion;
Post or transmit emails or other information or software which contains a virus, malicious code, spyware, adware, cancelbot, trojan horse, worm or other harmful component;
Post, publish, transmit, reproduce, distribute or in any way exploit any information, software or other material obtained through the Service for commercial purpose (other than as expressly permitted by Eastex with regards to such information, software or other material);
Upload, post, publish, transmit, reproduce, or distribute in any way, information, software or other material obtained through the Service which is protected by copyright, or other proprietary right, or derivative works with respect thereto, without obtaining permission of the copyright owner or right holder;
Post or transmit any unlawful, threatening, abusive, libelous, defamatory, obscene, pornographic, profane, or otherwise objectionable information of any kind, including without limitation any transmissions constituting or encouraging conduct that would constitute a criminal offense, give rise to civil liability, or otherwise violate any local, state, national or international law, including without limitation the U.S. export control laws and regulations;
Transmit spam (i.e., mass unsolicited email messages) or flames (i.e., the sending of a large number of email messages to a single or multiple addresses), including, but not limited to: sending very large copies of the same or substantially similar messages, empty messages, or messages that contain no substantive content; sending very large messages or files that disrupt a server, account, blog, newsgroup, chat, or similar service; participating in the collection of very large numbers of e-mail addresses, screen names, or other identifiers of users (without their prior consent) or using a practice known as spidering or harvesting or participating in the use of software, including spyware, designed to facilitate this activity; collecting responses from unsolicited bulk messages; falsifying, altering, or removing message headers, sender, or user information whether in whole or in part to mask the identity of the sender, originator, or point of origin; falsifying references to Eastex by name or other identifier in messages; impersonating any person or entity; forging anyone else’s signature; conducting phishing; using another website’s mail server to relay mail without the express permission of that site; using IP addresses that You do not have a right to use; sending messages that are harassing or malicious; or performing any similar fraudulent or Spam-like activity. Violation of the CAN-SPAM Act of 2003 and its implementing rules and regulations, or any other applicable law regulating e-mail services, constitutes a violation of this AUP;
Gain or attempt to gain unauthorized access to or otherwise disrupt or deface websites, networks, systems or accounts owned by Eastex or any third parties, including without limitation, through the use of worms, trojan horses, denial of service attacks or other computer hacking techniques, disrupt the Service or network connectivity of Eastex or any third parties, misuse Eastex or third party facilities or create fraudulent accounts;
Edit, transmit, distribute, reproduce, or modify in any part or copy onto any media The Walt Disney Company and its affiliated company content, text, photo, graphic, audio, and/or video material (including but not limited to such material from ESPN, ABCNews, Movies.com, SOAPNet or any other Disney company)(“Disney Content”), except that You may download one copy of the Disney Content on a single computer for Your personal, noncommercial home use only, provided that (i) You keep intact all copyright and other proprietary notices, (ii) You makes no modifications to the Disney Content, (iii) You do not use the Disney Content in a manner that suggests an association with any of Disney’s products, services, or brands. You agree that The Walt Disney Company and its affiliated companies will not be held liable for any delays, inaccuracies, errors, or omissions in the Disney Content or in the transmission of delivery of all or any part of the Disney Content, or for any damages arising from any of the foregoing;
Avoid incurring charges for or otherwise being required to pay for usage of the Service;
Invade another person’s privacy, stalk, harass, or otherwise violate the rights of other persons;
Undertake or accomplish any unlawful purpose. This includes, but is not limited to, posting, storing, transmitting or disseminating information, data or material which is, or which could be deemed by a reasonable person to be, libelous, obscene, unlawful, threatening or defamatory, threatening, fraudulent, 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 that would otherwise violate any local, state, federal, or non-U.S. law, order, or regulation;
Use the Service to publish, submit, receive, upload, download, post, use, copy, reproduce, transmit, re-transmit, distribute, store, or disseminate any information, data, content, material, or software or to engage in any activity that infringes, misappropriates or otherwise violates the intellectual property rights or privacy or publicity rights of any individual, group or entity (“Owner”), including but not limited to any rights protected by any copyright, patent, trademark laws, trade secret, trade dress, right of privacy, right of publicity, moral rights or other intellectual property right now known or later recognized by statute, judicial decision or regulation, without obtaining the required prior permission of the Owner;
Use the Service to publish, submit, receive, upload, download, host, post, use, copy, reproduce, transmit, re-transmit, distribute, store, or disseminate any information, data, content, material, or software (or to create a domain name or operate from a domain name), that Eastex determines to be obscene, indecent, hateful, malicious, racist, bigoted, defamatory, fraudulent, libelous, treasonous, contains child pornography, or harasses or threatens the health or safety of others. In addition, for those Services that utilize Eastex-provided web hosting (if any), Eastex reserves the right to decline to provide such services if the content is determined by Eastex to be obscene, indecent, hateful, malicious, racist, bigoted, defamatory, fraudulent, libelous, treasonous, contain child pornography, or be excessively violent or promoting the use of violence or otherwise harmful to others;
Participate in the collection of voluminous amounts of e-mail 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;
Impersonate any person or entity, engage in sender address falsification, forge anyone else’s digital or manual signature, or perform any other similar fraudulent activity (for example, “phishing”);
Falsify references to Eastex or its network, by name or other identifier, in messages;
Violate the rules, regulations, terms of service, or policies applicable to any network, server, computer database, service, application, system, or Web site that You access or use;
Copy, distribute, or sublicense any proprietary software provided in connection with the Service by Eastex or any third party, except that You may make one copy of each software program for back-up purposes only; or
Service, alter, modify, or tamper with the Eastex provided equipment or Service or permit any other person to do the same who is not authorized by Eastex.
CUSTOMER OBLIGATIONS AND EASTEX’S RIGHTS
Customer Obligations

In addition to being responsible for Your own compliance with this AUP, You are also responsible for any use or misuse of the Service that violates this AUP, even if it 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. It is also Your responsibility to secure any Eastex provided equipment and any other equipment or programs located at the Premises not provided by Eastex but that connects to the Service from external threats such as viruses, spam, bot nets, and other methods of intrusion.

Eastex’s Rights

To the fullest extent permitted by applicable law, Eastex reserves the right to refuse to post or to remove any information or materials, in whole or in part, that, in its sole discretion, are unacceptable, undesirable, or in violation of its AUP. Eastex may further deny any person or entity access to all or part of its system, without notice, if such person or entity engages in any conduct or activities that Eastex, in its sole discretion, believes violates any of its AUP.

Eastex has no obligation to monitor the Service or Your use of the Service. However, You agree that Eastex has the right to monitor the Service as necessary to comply with applicable laws, regulations or other governmental or judicial requests, or to protect the Eastex network or its subscribers. Furthermore, Eastex may monitor bandwidth, usage, transmissions, and content to operate the Service and identify violations of this AUP. Eastex has the right, but not the obligation, to pre-screen, refuse, move, or remove any information, data, content, material, or software deemed necessary or in violation of applicable law or this AUP. Eastex will not intentionally monitor or disclose any private email message, except as stated above.

Eastex may deny You access to all or part of the Service without notice if You engage in any conduct or activities that Eastex in its sole discretion believes violates any of the terms and conditions in this AUP. If Eastex denies You access to the Service because of such a violation, You shall have no right to access the Internet or Your email account through Eastex.

III. NETWORK MANAGEMENT, LIMITATIONS ON DATA CONSUMPTION, & ROBOCALLS

Commitment to provide a reliable network

Eastex manages its network with the goal of delivering a fast, safe and uncompromised broadband Internet experience to all of its customers. However, high-speed bandwidth and network resources are not unlimited. Managing the network is essential for the promotion of best possible Broadband Internet experience by all of Eastex’s customers. The company uses reasonable network management practices that are consistent with industry standards. Eastex tries to use tools and technologies that are minimally intrusive and, in its independent judgment guided by industry experience, among the best in class. Eastex’s network management practices will change and evolve along with the uses of the Internet and the challenges and threats on the Internet.

If Eastex didn’t manage its network, its customers would be subject to the negative effects of spam, viruses, security attacks, network congestion, and other risks and degradations of service. By engaging in responsible network management, including enforcement of this AUP, Eastex can deliver the best possible broadband Internet experience to all of its customers.

Eastex’s Network Management Policy (Broadband Internet Access Disclosure) is available at: https://www.eastex.com/legal/broadband-internet-access-disclosures/

Network Usage and Data Consumption Restrictions

You acknowledge that the Services are intended for periodic, active use of email, user newsgroups, transfers via FTP, Internet chat, Internet games, and browsing of the Internet. You must comply with all current bandwidth, data storage, and other limitations on the Eastex Internet services that have been established by Eastex and Eastex suppliers. You agree not to intentionally use the Eastex Internet service on a standby or inactive basis in order to maintain a connection. The excessive use or abuse of Eastex’s network resources by one customer or user may have a negative impact on all other customers and users. Common activities that may cause excessive data consumption in violation of this AUP include, but are not limited to, numerous or continuous bulk transfers of files and other high capacity traffic using (i) file transfer protocol (“FTP”), (ii) peer-to-peer applications, and (iii) newsgroups.

Accordingly, in addition to the Prohibited Uses and Activities provided in Section I, You may not use the Service or take any action, directly or indirectly, that will result in excessive consumption or utilization of the system or network resources, or which may weaken network performance, as determined in Eastex’s sole discretion. Such prohibited actions include, but are not limited to, using the Service to host a web server site which attracts excessive traffic at Your location, continuously uploading or downloading streaming video or audio, use net hosting, continuous FTP uploading or downloading, or acting in a manner that negatively effects other users’ ability to engage in real time exchanges and use of the Eastex Services. You must also ensure that Your use of the Service does not restrict, inhibit, interfere with, or degrade any other person’s use of the Service, nor represent (as determined by Eastex in its sole discretion) an overly large burden on the network. In addition, You must ensure that Your use of the Service does not limit or interfere with Eastex’s ability to deliver and monitor the Service or any part of its network.

Eastex reserves the right to suspend or terminate Service accounts where data consumption is not characteristic of a typical user of a similar Service account as determined by Eastex in its sole discretion.

If You use the Service in violation of the restrictions referenced above, that is a violation of this AUP. In these cases, Eastex may, in its sole discretion, suspend or terminate Your Service account or request that You subscribe to a higher tier of the Service if You wish to continue to use the Service at higher data consumption levels. Eastex may also provide versions of the Service with different speed and data consumption limitations, among other characteristics, subject to applicable Service plans.

Eastex’s determination of the data consumption for Service accounts is final.

Robocalls

Eastex understands that unwanted calls, including illegal and spoofed robocalls (“Robocalls”), are a common and frustrating consumer complaint and they are a top consumer protection priority for Eastex. Issues with Robocalls include complaints from consumers whose numbers are being spoofed or whose calls are being mistakenly blocked or labeled as a possible scam call by a robocall blocking app or service. Eastex will work with You, and the FCC, to limit or reduce Robocalls that are reported to Eastex or that Eastex confirms are valid Robocalls. Eastex follows FCC guidelines and applicable rules, regulations, and laws related to Robocalls, including the Secure Telephony Identity Revisited/Secure Handling of Asserted information using toKENs (STIR/SHAKEN). Eastex maintains compliance with STIR/SHAKEN and uses caller ID to authenticate the caller ID information originated by customers, which assists in verifying whether a call is a Robocall. However, Eastex relies on You to report Robocalls and to take actions to prevent or limit such Robocalls. Preventative actions include the following:

Don’t answer calls from unknown numbers. If you answer such a call, hang up immediately.
You may not be able to tell right away if an incoming call is spoofed. Be aware: Caller ID showing a “local” number does not necessarily mean it is a local caller.
If you answer the phone and the caller – or a recording – asks you to hit a button to stop getting the calls, you should just hang up. Scammers often use this trick to identify potential targets.
Do not respond to any questions, especially those that can be answered with “Yes.”
Never give out personal information such as account numbers, Social Security numbers, mother’s maiden names, passwords or other identifying information in response to unexpected calls or if you are at all suspicious.
If you get an inquiry from someone who says they represent a company or a government agency, hang up and call the phone number on your account statement, in the phone book, or on the company’s or government agency’s website to verify the authenticity of the request. You will usually get a written statement in the mail before you get a phone call from a legitimate source, particularly if the caller is asking for a payment.
Use caution if you are being pressured for information immediately.
If you have a voice mail account with your phone service, be sure to set a password for it. Some voicemail services are preset to allow access if you call in from your own phone number. A hacker could spoof your home phone number and gain access to your voice mail if you do not set a password.
Talk to your phone company about call blocking tools they may have and check into apps that you can download to your mobile device to block unwanted calls.
If you use robocall-blocking technology already, it often helps to let that company know which numbers are producing unwanted calls so they can help block those calls for you and others.
To block telemarketing calls, register your number on the Do Not Call List. Legitimate telemarketers consult the list to avoid calling both landline and wireless phone numbers on the list.

VIOLATION OF THIS ACCEPTABLE USE POLICY

In addition, Eastex reserves the right to immediately suspend or terminate Your Service account and terminate the Subscriber Agreement if You violate the terms of this AUP or the Subscriber Agreement.

Eastex does not routinely monitor the activity of individual Service accounts for violations of this AUP, except for determining aggregate data consumption in connection with the data consumption provisions of this AUP. However, in the company’s efforts to promote good citizenship within the Internet community, it will respond appropriately if it becomes aware of inappropriate use of the Service. Eastex has no obligation to monitor the Service and/or the network. However, EASTEX and its suppliers reserve the right at any time to monitor bandwidth, usage, transmissions, and content in order to, among other things, operate the Service; identify violations of this AUP; and/or protect the network, the Service and Eastex users.

Eastex prefers to inform customers of inappropriate activities and give them a reasonable period of time in which to take corrective action. Eastex also prefers to have customers directly resolve any disputes or disagreements they may have with others, whether customers or not, without Eastex’s intervention. However, if the Service is used in a way that Eastex or its suppliers, in their sole discretion, believe violates this AUP, Eastex or its suppliers may take any responsive actions they deem appropriate under the circumstances with or without notice. 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 (including but not limited to newsgroups). Neither Eastex nor its affiliates, suppliers, or agents will have any liability for any of these responsive actions. These actions are not Eastex’s exclusive remedies and Eastex may take any other legal or technical actions it deems appropriate with or without notice.

Eastex 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 Eastex’s servers and network. During an investigation, Eastex may suspend the account or accounts involved and/or remove or block material that potentially violates this AUP. You expressly authorize and consent to Eastex and its suppliers cooperating 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 AUP. Upon termination of Your Service account, Eastex is authorized to delete any files, programs, data, e-mail and other messages associated with Your account (and any secondary accounts).

The failure of Eastex 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 AUP 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.

YOU AGREE TO DEFEND, INDEMNIFY AND HOLD EASTEX HARMLESS AND ITS AFFILIATES FROM ANY AND ALL LIABILITIES, COSTS AND EXPENSES, INCLUDING REASONABLE ATTORNEYS’ FEES, RELATED TO ANY VIOLATION OF THIS AUP BY YOU OR AUTHORIZED USERS OF YOUR ACCOUNT, OR IN CONNECTION WITH THE USE OF THE SERVICE OR THE INTERNET OR THE PLACEMENT OR TRANSMISSION OF ANY MESSAGE, INFORMATION, SOFTWARE OR OTHER MATERIALS ON THE INTERNET BY YOU OR USERS OF YOUR ACCOUNT. The indemnification obligations herein will survive any termination of your use of the Service or any underlying Subscriber Agreement.

REDRESS AND GOVERNING LAW
Governing Law / Resolution of Disputes – Arbitration

Any dispute or claim between You and Eastex arising out of or relating to the service provided in connection with this AUP or the underlying Subscriber Agreement shall be resolved by arbitration (“Arbitration”), unless otherwise specified in any such individual Subscriber Agreement, which will control.

The arbitrator’s decision shall follow the plain meaning of the relevant documents and shall be final and binding. The parties agree that no arbitrator has the authority to: (i) award relief in excess of what the Subscriber Agreement provides; or (ii) award punitive or exemplary damages. Judgment on the award rendered by the arbitrators may be entered in any court having jurisdiction thereof. All claims shall be arbitrated individually, and You will not bring, or join any class action of any kind in court or in arbitration or seek to consolidate or bring previously consolidated claims in arbitration. YOU ACKNOWLEDGE THAT THIS ARBITRATION PROVISION CONSTITUTES A WAIVER OF ANY RIGHT TO A JURY TRIAL.

Governing Law / Resolution of Disputes – Governing Law

The AUP and the relationship between You and Eastex shall be governed by the laws of the state of Texas without regard to its conflict of law provisions. To the extent court action is initiated to enforce an arbitration award or for any other reason consistent with the arbitration provision herein, You and Eastex agree to submit to the personal and exclusive jurisdiction of the courts located within the state of Texas and waive any objection as to venue or inconvenient forum. The failure of Eastex to exercise or enforce any right or provision of this AUP or the Subscriber Agreement shall not constitute a waiver of such right or provision. If any provision of this AUP or the Subscriber Agreement is found by a court of competent jurisdiction to be invalid, the parties nevertheless agree that the court should endeavor to give effect to the parties’ intentions as reflected in the provision, and the other provisions of this AUP or the Subscriber Agreement remain in full force and effect. You agree that regardless of any statute or law to the contrary, any claim or cause of action arising out of or related to use of the service, this AUP or the Subscriber Agreement must be filed within one (1) year after such claim or cause of action arose or be forever barred.

COPYRIGHT INFRINGEMENT

Eastex has no obligation to investigate possible copyright infringements with respect to information, data, content, material, or software transmitted by any user of the Services. However, Eastex will process valid notifications of claimed infringement under the Digital Millennium Copyright Act (“DMCA”, found at 17 U.S.C. § 512). You may receive notices or alerts if Your account is identified by a copyright owner as having been used in connection with acts of alleged copyright infringement.

Eastex’s policy for addressing copyright infringement can be found in the Digital Millennium Copyright Act (DMCA) Notice.