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Terms and Conditions

DFT Communications® High Speed Internet Acceptable Use and Service Policies

DFT Communications® (“DFT®“) provides its High Speed Internet services (“Services”) to users who pay a monthly service fee to subscribe to the Services. By establishing an account of using the Services, you agree to be bound by this Agreement and to use the Services in compliance with this Agreement, our Acceptable Use Policy and other policies.

 

If you do not agree to the terms and conditions of this Agreement, including any future revisions, you may not use the Services and if you are a current Member, you must terminate your use of the Services under Section 10 of the DFT® Internet Service Agreement.

 

Members must abide by the DFT® Internet Service Agreement and other policies. DFT® High Speed Internet Service is for a single business or single residence. Unauthorized reselling of DFT® services, or DFT® equipment, is strictly forbidden and is in violation of the DFT® Acceptable Use Policy (“AUP”). High Speed Internet Service may not be used to provide Internet Access of Services to other networks or connections outside of your single business or residency. Connections to your network or computer systems from outside sources will be considered THEFT OF SERVICE defined below under section 165.15, subsection 4 of PENAL Law of the State of New York, AND YOU WILL BE PROSECUTED TO THE FULLEST EXTENT OF THE LAW.

 

THEFT OF SERVICES contrary to the provisions of Section 165.15, subsection 4 of the PENAL Law of the State of New York, in that said Defendant did INTENTIONALLY AND KNOWINGLY:

 

A person guilty of theft of services when: With intent to avoid payment by himself or another person of the lawful charge for any telecommunications service, including, without limitation, cable television service, or any gas, steam, sewer, water, electrical, telegraph or telephone service which is provided for a charge or compensation, he obtains or attempts to obtain such service for himself or another person or avoids or attempts to avoid payment therefore by himself or another person by means of (A) tampering or making connection with the equipment of the supplier, whether by mechanical, electrical, acoustical or other means or (B) offering for sale or otherwise making available, to anyone other than the provider of a telecommunications service for such service providers own use in the provision of its service, any telecommunications decoder or descrambler, a principal function of which defeats a mechanism of electronic signal encryption, jamming or individually addressed switching imposed by the provider of any such telecommunications service to restrict the delivery of such service or (C) any misrepresentation of fact which he knows to be false, or (D) any other artifice, trick, description, code or device.

DFT Communications Internet Services Corporation Policy Against Copyright Infringement

Copyright infringement most commonly involves the possession, downloading, or sharing of electronic copies of music, movies, or videos without the permission or approval of the copyright holder.  To protect their interests, copyright holders frequently monitor websites and other popular download locations to record the title, date, time, and Internet Protocol (IP) address associated with infringing activity.

 

It is the policy of DFT Communications Internet Services Corporation to discourage the use of our network and services, to download materials in violation of copyright, trademark or other intellectual property laws.

 

Based on the IP address involved, a copyright holder that believes an infringement has occurred will send the company a notice describing the event.  When we receive such notices, we determine what customer was assigned the IP address at the date(s) and time(s) listed in the notice(s).  We only track IP address assignment and not how or where the IP address is used.  We do not monitor or track customer activity on the Internet.

 

If we are able to identify a customer with the IP address, we will contact the customer, so they are aware of the allegation(s) of copyright infringement and to provide them with an opportunity to prevent the activity or remove the material.  We do not release a customer’s identity to the copyright holder unless we are required to do so by a court order or subpoena.

 

If we receive repeated copyright infringement notifications for the customer over a period of time, we will escalate our response to ensure the customer is aware of the situation and to provide suggestions that may help resolve the problem.  If we continue to receive copyright infringement notifications against the customer, we will take appropriate action, which could include, but not limited to, reducing the customer’s bandwidth, or suspending or terminating their internet service.

 

If the customer feels a mistake has been made or that the copyright for the material mentioned is not being infringed upon, they may file a counter-notification with the copyright holder or work with them directly.

 

Customers may wish to seek legal advice from an attorney if they receive a copyright infringement notice.

 

NOTICES:

 

Pursuant to the Digital Millennium Copyright Act (the “DMCA”), you may file a Notification of claimed infringement with the Designated Agent of a Service Provider if you believe that a Web page hosted by Netsync Internet Services Corporation or one of its affiliates, as the Service Provider (hereinafter “Service Provider”), is violating your rights under U.S. copyright law. (See Title 17, United States Code, Section 512(c)(3)). The DMCA provides the following procedure for parties to follow who wish to file a Notification of claimed infringement with a Service Provider.

 

To serve a Notification on Service Provider:Name of Designated Agent to Receive DMCA Agent: Rob Sciarrino
Address to Which Notification Should be Sent: 38 Temple Street / PO Box 209 Fredonia, NY 14063-0209
Telephone Number of Designated Agent: 716-673-3000
Facsimile Number of Designated Agent: 716-679-4005
Email Address of Designated Agent: rob.sciarrino@dftel.com

 

Notification: In order to be effective under the DMCA, the Notification must (i) be in writing, and (ii) be provided to the Designated Agent of a Service Provider.

 

In order for such a complaint to be effective under the DMCA, Notification must include the following:

  1. A physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.
  2. Identification of the copyrighted work claimed to have been infringed, or, if multiple copyrighted works at a single online site are covered by a single Notification, a representative list of such works at that site.
  3. Identification of the material that is claimed to be infringing or to be the subject of infringing activity and that is to be removed or access to which is to be disabled, and information reasonably sufficient to permit the Service Provider to locate the material.
  4. Information reasonably sufficient to permit the Service Provider to contact the complaining party, such as an address, telephone number, and if available, an electronic mail address at which the complaining party may be contacted.
  5. A statement that the complaining party has a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law.
  6. A statement that the information in the Notification is accurate, and under penalty of perjury, that the complaining party is authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.

Upon receipt of the written Notification containing the information described in 1 through 6 above, Service Provider will:

  1. Take reasonable steps to promptly notify the subscriber that it has removed or disabled access to the material.

 

Counter Notification: If a notice of copyright infringement has been filed against you, you may file a Counter Notification with a Service Provider’s Designated Agent. In order to be effective, a Counter Notification must be written and include substantially the following:

  1. A physical or electronic signature of the subscriber.
  2. Identification of the material that has been removed or to which access has been disabled and the location at which the material appeared before it was removed or access to it was disabled.
  3. A statement under penalty of perjury that the subscriber has a good faith belief that the material was removed or disabled as a result of mistake or misidentification of the material to be removed or disabled.
  4. The subscriber’s name, address, and telephone number, and a statement that the subscriber consents to the jurisdiction of Federal District Court for the judicial district in which the address is located, or if the subscriber’s address is outside of the United States, for any judicial district in which the Service Provider may be found, and that the subscriber will accept service of process from the person who provided Notification or an agent of such person.

 

Upon receipt of a Counter Notification containing the information as outlined in 1 through 4 above, Service Provider shall:

  1. Promptly provide the complaining party with a copy of the Counter Notification;
  2. Replace the removed material or cease disabling access to the material within 10 to 14 business days following receipt of the Counter Notification, unless the Service Provider’s Designated Agent first receives notice from the complaining party that an action has been filed seeking a court order to restrain alleged infringing party from engaging in infringing activity relating to the material on Service Provider’s system or network.

 

NOTE: Under the DCMA, claimants who make misrepresentations concerning copyright infringement may be liable for damages incurred as a result of the removal or blocking of the material, court costs, and attorney’s fees. See Title 17, United States Code, Section 512(f).

 

NOTE: The information on this page is provided to you for informational purposes only, and is not intended as legal advice. If you believe your rights under U.S. Copyright law have been infringed, you should consult an attorney.

Lifeline Program Terms and Condition

Dunkirk and Fredonia Telephone Company Lifeline Terms and Conditions

1. Lifeline Discounted Service

This service provides a flat rate federal discount of $9.25, consisting of a $6.50 reduction of the Federal Subscriber Line Charge and a $2.75 reduction in the monthly rate for local exchange telephone service for residential customers. Qualified customers may choose any type or grade of local telephone service, including bundled services that are normally offered by the Company. The Company’s voice lifeline plan includes unlimited local minutes-of-use within the toll-free calling area. The Company’s voice lifeline plan does not include any free minutes-of-use for toll unless a “bundled minutes” package is chosen.

1A. Additional Lifeline Discount

This service provides the discount as outlined above and may provide an additional discount equal to the serving company’s increase in residential basic local exchange service, as authorized by the NYS Department of Public Service in Case No. 07-C-0349, released March 4, 2008, whereby the NY Commission authorized certain companies to increase basic local service rates up to $2.00 per year for 2 years. The discount can be found on Addendum 1 of the individual Company tariff for those companies offering the Additional Lifeline Discount.

Qualified customers may choose to apply the federal Lifeline credit to any of the company’s local service offerings, including any local bundled service offering, basic local service, or message rate service. Message rate Lifeline service is available only where central office facilities permit. For connection of new service, service connection charges apply unless the customer qualifies for connection assistance under the Tribal Lands Link Up program.

Service connection charges do not apply to change existing service from:

  • Message or flat rate services to Lifeline service.
  • Lifeline service to non-Lifeline services.

 

2. Regulations

These services are restricted to low income residential customers. To qualify for Lifeline service a customer must certify and provide documentation as income eligible. For a consumer to be eligible under the income requirements, the consumer’s household income as defined in § 54.400(f) of the FCC Rules must be at or below 135% of the Federal Poverty Guidelines for a household of that size or a recipient of benefits from any one of the following Entitlement Programs:

  • Medicaid;
  • Supplemental Nutrition Assistance Program (SNAP) F/K/A Food stamps;
  • Supplemental Security Income;
  • Federal Public Housing Assistance (Section 8);
  • Low-Income Home Energy Assistance Program (LIHEAP);
  • National School Lunch Program’s free lunch program;
  • Temporary Assistance for Needy Families/SafetyNet;
  • Veterans Disability Pension
  • Veterans Surviving Spouse Pension

The Lifeline discount is effective upon receipt of a completed form of eligibility. If the form is not returned, no further action is taken by the Company to establish eligibility.

The Company, in coordination with appropriate agencies and the Lifeline Customer, will require Lifeline customers to be re-certified, on an annual basis. Lifeline customers will need to certify that they continue to be eligible to receive these Lifeline benefits and that they are not receiving benefits from another company. If, a customer is identified as being ineligible, the customer will be notified that unless the information is shown to be in error, the Lifeline discount will be discontinued. The customer will be billed for discounts received for the time that they were proven to be ineligible for the service.

 

3. Locality Charge Waiver

Customers receiving Lifeline Telephone Service will have applicable locality charges waived each month while they are receiving the Lifeline Assistance.

 

4. Voluntary Toll Blocking (Restriction)

Customers receiving Lifeline service can voluntarily request and receive toll blocking (call restriction), third number billing/collect call restriction without a monthly charge. There will be no record order charge to add these types of restrictions (blocking).

Cassadaga Telephone Corporation Lifeline Terms and Conditions

1. Lifeline Discounted Service

This service provides a flat rate federal discount of $9.25, consisting of a $6.50 reduction of the Federal Subscriber Line Charge and a $2.75 reduction in the monthly rate for local exchange telephone service for residential customers. Qualified customers may choose any type or grade of local telephone service, including bundled services that are normally offered by the Company. The Company’s voice lifeline plan includes unlimited local minutes-of-use within the toll-free calling area. The Company’s voice lifeline plan does not include any free minutes-of-use for toll unless a “bundled minutes” package is chosen.

1A. Additional Lifeline Discount

This service provides the discount as outlined above and may provide an additional discount equal to the serving company’s increase in residential basic local exchange service, as authorized by the NYS Department of Public Service in Case No. 07-C-0349, released March 4, 2008, whereby the NY Commission authorized certain companies to increase basic local service rates up to $2.00 per year for 2 years. The discount can be found on Addendum 1 of the individual Company tariff for those companies offering the Additional Lifeline Discount.

Qualified customers may choose to apply the federal Lifeline credit to any of the company’s local service offerings, including any local bundled service offering, basic local service, or message rate service. Message rate Lifeline service is available only where central office facilities permit. For connection of new service, service connection charges apply unless the customer qualifies for connection assistance under the Tribal Lands Link Up program.

Service connection charges do not apply to change existing service from:

  • Message or flat rate services to Lifeline service.
  • Lifeline service to non-Lifeline services.

2. Regulations

These services are restricted to low income residential customers. To qualify for Lifeline service a customer must certify and provide documentation as income eligible. For a consumer to be eligible under the income requirements, the consumer’s household income as defined in § 54.400(f) of the FCC Rules must be at or below 135% of the Federal Poverty Guidelines for a household of that size or a recipient of benefits from any one of the following Entitlement Programs:

  • Medicaid;
  • Supplemental Nutrition Assistance Program (SNAP) F/K/A Food stamps;
  • Supplemental Security Income;
  • Federal Public Housing Assistance (Section 8);
  • Low-Income Home Energy Assistance Program (LIHEAP);
  • National School Lunch Program’s free lunch program;
  • Temporary Assistance for Needy Families/SafetyNet;
  • Veterans Disability Pension
  • Veterans Surviving Spouse Pension

The Lifeline discount is effective upon receipt of a completed form of eligibility. If the form is not returned, no further action is taken by the Company to establish eligibility.

The Company, in coordination with appropriate agencies and the Lifeline Customer, will require Lifeline customers to be re-certified, on an annual basis. Lifeline customers will need to certify that they continue to be eligible to receive these Lifeline benefits and that they are not receiving benefits from another company. If, a customer is identified as being ineligible, the customer will be notified that unless the information is shown to be in error, the Lifeline discount will be discontinued. The customer will be billed for discounts received for the time that they were proven to be ineligible for the service.

3. Locality Charge Waiver

Customers receiving Lifeline Telephone Service will have applicable locality charges waived each month while they are receiving the Lifeline Assistance.

4. Voluntary Toll Blocking (Restriction)

Customers receiving Lifeline service can voluntarily request and receive toll blocking (call restriction), third number billing/collect call restriction without a monthly charge. There will be no record order charge to add these types of restrictions (blocking).