Legal Policies

Community Internet Providers Privacy Policy
And Your California Privacy Rights

Last Updated: November 23, 2022

Community Internet Providers, LLC (“[CIP],” “us,” “we,” or “our”) values the privacy and security of customer Personal Information. This Privacy Policy describes the types of customer Personal Information collected, used, disclosed, retained, secured and disposed by us. This Privacy Policy applies to visitors and users of CIP’s website, https://www.getcip.com/ (“Site”), and applicants, current and former residential and commercial/business customers of our high-speed internet access services and VoIP services (individually, “Service” and collectively, “Services”) residing in the United States.  All such visitors, users, applicants, current and former residential and commercial/business customers are collectively, “Customers” “you,” “your.”

Any capitalized terms used herein shall have the same meaning as defined in the CIP Service Agreements.

By using CIP’s Site and Services, Customers consent to the data practices described in this Privacy Policy regarding the collection, use, disclosure, and disposal of your Personal Information. CIP’s Site and Services are designed and targeted to United States audiences and are governed by and operated in accordance with the laws of the U.S. If Customer is not a U.S. citizen or does not reside in the U.S., Customer voluntarily consents to the collection, transfer, use, disclosure and retention of Customer Personal Information in the U.S. Customer also agrees to waive any claims that may arise under Customer’s own national laws.

Your California Privacy Rights Under the Shine The Light Act

Generally, California residents that have a business relationship with CIP are entitled by the “Shine the Light Act” (“Act”) to ask for information identifying the categories of Personal Information that CIP shared with our Affiliates and/or other third parties for their marketing purposes the preceding year, and provide contact information for such Affiliates and/or third parties unless CIP meets certain exceptions in the Act. This Privacy Policy and Site meet those exceptions.  Importantly, CIP does not target or knowingly provide Services to California residents, nor does CIP share Customer Personal Information with Affiliates or third parties for their own marketing purposes.  If you are a person residing in California and you believe that you have an established business relationship with CIP and have questions regarding our policy regarding the Act, you must send your questions via email or postal mail following the instructions below.

CIP will not accept requests via the telephone or facsimile or respond to requests that are not labeled or sent properly, or do not have complete information.

•     For all requests, include Customer’s full name, street address, city, state and zip code.
•     If sent via email request, Customer must state “Re: Your California Privacy Rights” in the subject line and send Customer email to info@getcip.com.
•     If sent via postal request, Customer must send a letter or post card to:
      203 N. 5th Street, Wills Point, TX 75169
      Attention:  Your California Privacy Rights

1.    GENERAL INFORMATION

When Customer uses the Service, the Personal Information Customer voluntarily sends and receives is transmitted over a wireless network, and may be subject to interception by unauthorized third parties.  While it is CIP’s objective to take reasonable measures to reduce the risk that unauthorized third parties will intercept the information Customer sends and receives through the Service, CIP cannot and does not make any guarantee that transmissions over the Internet are 100% secure or error-free.

CIP does not knowingly collect, solicit or use Personal Information from anyone under the age of 13. If Customer is under age 13, please do not attempt to register for the Services or send any Personal Information about yourself to CIP. If CIP learns that CIP has collected Personal Information from a child under age 13, CIP will delete that information as quickly as possible to the extent technically feasible. If Customer believes that its child under age 13 may have provided CIP Personal Information, please contact CIP at info@getcip.com.

2.    WHAT TYPES OF INFORMATION DO WE COLLECT AND HOW DO WE USE THIS INFORMATION?

Generally, Personal Information is information Customer provides to CIP voluntarily or passively through Customer’s use of the Services and/or Site, that identifies, relates to, describes, is reasonably capable of being associated with, or could reasonably be linked, directly or indirectly, with a particular consumer or household.  For the purposes of this Privacy Policy, we also define Personal Information to include such information related to our commercial/business Customers and their end users.

The following are the different ways and reasons we collect Customer Personal Information:  

Registration process, billing, and administration:  Customer name, email address, phone number (wireless and wireline), billing address and billing information (such as credit card account number or other financial account information), service address, and the nature of any of Customer devices or other property making use of the Service. Personal Information also includes Customer proprietary network information (“CPNI”) which is collected and used to provide VoIP services.  CPNI includes any information that relates to the quantity, technical configuration, type, destination, location, and amount of use of our VoIP service, such as call detail, logs, and specifics regarding your VoIP account. Please note that by law, CPNI does not include a customer’s name, postal address, or telephone number. We will also use this same Personal Information for the installation, troubleshooting, maintenance of the Services, and servicing of equipment.

Social Network Platforms:  CIP has a presence on social media platforms (Facebook, Instagram, Tik Tok, etc.) and Customers voluntarily view, sign up to follow, or otherwise engage with our social media at their own level of interest.  Customers on our social media platforms are governed by the privacy policy of the specific platform.  CIP may obtain, transport or merge Personal Information posted publicly on social media platforms, however we will not share any such Personal Information with any third party, except as otherwise noted in this Privacy Policy.  Occasionally, a Customer may enter their CIP account identifying information on social media, sometimes to alert or inquire about service questions or service interruptions.  In these cases, CIP will engage with the Customer using direct messages or by directing them to our Site.  CIP is not responsible for Personal Information that is publicly disclosed on social media platforms.

Some forms of information as described below will be classified as Personal Information if required by applicable law or when such information is directly associated with or reasonably linked to a specific person, computer or device, or is combined with other forms of Personal Information.

Website Information, Use of Cookies and other Similar Tracking Technology:

          When you visit CIP’s Site, CIP will collect information on CIP server logs from Customer’s browser or device, which may include Customer IP address, unique device identifier, “cookie” information, the type of browser and/or device you’re using to access the Service, and the page or feature Customer requested. Cookies” and “web beacons” are text file identifiers CIP transfers to Customer’s browser or device that allow CIP to recognize Customer’s browser or device and tell CIP how and when pages and features on the CIP website are visited, by how many people, and other activity on the website. Customer can change the preferences on Customer’s browser or device to prevent or limit Customer’s device’s acceptance of cookies, web beacons or other similar technology, but this may prevent Customer from taking advantage of some of the features on the CIP website, or accessing certain functions and conveniences. If Customer clicks on a link to a third party website or service, such third party may also transmit cookies to Customer. Again, this Privacy Policy does not cover the use of cookies or other such tracking technology by any third parties, and CIP is not responsible for their privacy policies and practices. CIP also uses Personal Information and Non-Personal Information to enhance the CIP website and CIP Service offerings. For example, such information can tell CIP how often visitors use a particular feature of the CIP website and which products and services are most interesting to current and potential customers, and CIP can use that knowledge to make the website useful and interesting to as many users as possible and to enhance and refine CIP’s Service offerings. CIP will continue to conduct analytics on CIP website performance; Customer may not opt-out of this use of cookies or other Personal Information or Non-Personal Information. Technology is improving every day and to improve CIP’s Services’ operation and function CIP may introduce new technologies and monitoring techniques without advance notice or consent from Customer. CIP may also use third party providers to conduct such internal analyses.

Network Information: CIP also collects Network Information, information about Customer access to, and use of, the CIP Network, which may or may not be directly associated with or reasonably linked to a specific person, computer or device. For example, CIP may collect information about the performance of the Provider Equipment installed on Customer property or at Customer premises, when Customer is using the Service, the various devices Customer is using to access the Service, the amount of data Customer is transmitting and receiving, the content of the data Customer are transmitting and receiving, the websites Customer is visiting, and any other information that is transmitted over the CIP Network. CIP may also aggregate Network Information from multiple customers and CIP will share such aggregated Non-Personal information about the overall performance of the CIP Service and the CIP network with our Affiliates and other third parties. Aggregated information does not identify a specific individual, computer or device. We use Network Information to monitor and enhance the performance of the CIP network. CIP will not monitor the content of the websites viewed or email communications as part of CIP’s standard network management.

Generally, CIP will only monitor and preserve the following Network Information:

• When Customer is using the Service;
• How Customer is using the Service, such as monitoring traffic patterns regarding websites visited, amount of data being sent or received, or other activity;
• The amount of data Customer is transmitting and receiving through the Service; and
• General information regarding the performance of the Provider Equipment installed on Customer’s property or at Customer’s premises, and its interaction with the rest of CIP’s network.

However, CIP reserves the right to, and may, monitor, access, review and preserve any Network Information and/or content in the following situations:

• In response to an inquiry from Customer or an another Authorized User on Customer’s account regarding Customer or their use of the Service or problems Customer or they are experiencing using the Service;
• If CIP has reason to believe Customer is using the Service in violation of Customer’s Service Agreement or any applicable statutes, rules, ordinances or regulations;
• If CIP has reason to believe Customer use of the Service is negatively affecting other Customers; or
• When CIP is required by law or legal process to do so, or when CIP a good faith belief that CIP is required by law or legal process to do so.

3.    IS PERSONAL INFORMATION USED FOR MARKETING AND ADVERTISING PURPOSES?

          CIP will use Customer Personal Information to send marketing and advertising messages related to our own Services and Site using Customer’s email address, postal address, or telephone number (for voice, texts, automated and pre-recorded calls).

          CIP may deliver a marketing or advertising message based on Customer visits to CIP website, which will be general advertising or “Contextual Advertising,” which is advertising based on the subject matter or the content of the specific website page or subject matter. CIP may also send Customer “First Party Advertising,” which is advertising or marketing that is customized or personalized based on a history of Customer’s use of our Services (possibly combined with information from our Facebook fan page, Instagram page, Tik Tok stream or other social network platforms). First Party Advertising is based solely on a combination of information CIP collects from Customer – not from Customer’s visits to other websites across the Internet. CIP may use CPNI for its own First Party Advertising for products/services a Customer has already purchased.  We will need your consent before using CPNI for marketing or advertising unrelated services. Customer may opt-out of First Party Advertising but not Contextual Advertising. No Personal Information is used to deliver Contextual Advertising; it automatically will appear based on the content or webpage Customer is viewing. And Customer may continue to receive general advertising if Customer opts-out of First Party Advertising, it will not be customized or personalized for Customer.

         CIP does not provide third party “Network Advertising,” which is advertising based on Customer’s overall Internet usage across different third party websites or online services. Multiple third party websites and online services are involved in this tailored or personalized advertising process, in essence a “network” of advertising providers. Because CIP does not provide network ads, CIP does not recognize the “Do Not Track” settings on various Internet browsers. CIP does not engage or allow third parties to track you across the Internet and across time for advertising purposes.

4.    LINKS TO THIRD PARTY WEBSITES AND SERVICES

          The CIP Site and/or our Facebook Pages (or other social networking platforms) may contain a variety of content and functionality and may provide links to other third party websites or online services. Despite such links, this Privacy Policy applies only to CIP and our Affiliates. The presence of a link does not constitute or imply CIP’s endorsement, recommendation, or sponsorship of the content, goods, services, business or privacy practices on such websites or online services. CIP encourages Customers to be aware and informed when Customers leave CIP’s Site and CIP’s Facebook Pages, or any other social networking platforms.

5.    DO WE DISCLOSE CUSTOMER PERSONAL INFORMATION TO THIRD PARTIES?

         Customer’s Personal Information will only be disclosed to third parties (including CIP’s Affiliates) as listed in this Privacy Policy, and if CIP has received your consent at the time CIP collects your Personal Information or prior to the disclosure of any Personal Information. CIP reserves the right to fully use, disclose and process any non-Personal Information collected from Customer in any manner as well as any information Customer makes public via CIP Services or Site.

• To Our Affiliates and Resellers. CIP relies on various Affiliates and Resellers in order to provide the Services to Customers. Affiliates are companies that are related to CIP by common ownership or control. Resellers are independent third party businesses that will offer CIP’s Services to either their own customers, or operate as agents to CIP and sell our Services.  CIP may share Personal Information and non-Personal Information with any of our Affiliates and Resellers for business, operational, promotional and/or marketing and advertising purposes related to our Services.
• To Our Operational Service Providers: CIP and its Affiliates contract with other companies and people to perform tasks or services on CIP’s behalf and need to share Customer Personal Information to provide products or services to Customers. For example, CIP may use a payment processing company to receive and process Customer’s ACH or credit card transactions for CIP, or CIP may contract with third parties to assist CIP in optimizing CIP’s network. Unless CIP tells Customer differently, CIP does not grant its Operational Service Providers any right to use the Personal Information CIP shares with them beyond what is necessary to assist CIP.
• For Business Transfers/Restructuring: CIP may choose to buy or sell assets, or CIP may sell assets or be sold. In these types of transactions, customer Personal Information is typically one of the business assets that would be disclosed and transferred. Also, if CIP (or CIP’s assets) are acquired, or CIP goes out of business, enter bankruptcy, or go through some other change of control, including restructuring, re-organization or financing arrangements, Personal Information could be one of the assets disclosed, transferred to or acquired by a third party.
• For Protection of CIP, and Our Affiliates, Employees, Operational Service Providers, Users and Customers and Public Safety: CIP reserves the right to access, read, preserve, and disclose any Personal Information CIP has access to if CIP believes doing so will implement and/or enforce the Service Agreement, Website Terms of Use Agreement, Privacy Policy or any legal document; protect our Network(s), website(s), and company assets; protect the interests, rights, property, and/or safety of CIP or Our Affiliates, employees and officers/directors, Operational Service Providers, Resellers, Customers, agents, representatives, third party licensors or suppliers, or the general public.
• When Required by Law or in Response to Legal Process: CIP reserves the right to access, read, preserve, and disclose any Personal Information when CIP is required by law or legal process to do so, or if CIP has a good faith belief that CIP is required by law or legal process to do so.

6.    HOW DO WE PROTECT CUSTOMER PERSONAL INFORMATION?

         CIP endeavors to protect the privacy of Customer’s account and other Personal Information using reasonable administrative, technical and physical security measures. However, CIP cannot and do not guarantee complete security. Unauthorized entry or use, hardware or software failure, and other factors, may compromise the security of Personal Information at any time. Customer’s account is protected by a User ID and password for Customer’s privacy and security. It is Customer’s responsibility to prevent unauthorized access to Customer’s account and Personal Information by selecting and protecting Customer password and/or other sign-on mechanism appropriately and limiting access to Customer computer, tablet or device and browser by signing off after Customer has finished accessing Customer’s account. Customer is required to notify us immediately if Customer’s password or account has been disclosed to a person whose name does not appear on Customer’s account, even if you have allowed such disclosure. Customer understands, acknowledges and agrees that Customer is solely responsible for any use of CIP Services via Customer’s username and password.

CIP will not send an email or text, nor should Customer respond to any email or text communications asking for any sensitive or confidential Personal Information, such as social security number, bank account or credit card account number, or a driver’s license number. If Customer receives an email or text requesting any such information from CIP or someone that claims they are with CIP or Our Affiliates please contact our Privacy Administrator immediately: info@getcip.com. For CIP’s IT Support Services as detailed in our Services Agreement, the code that allows CIP to access Customer’s computer desktop to help your resolve technical problems is limited only for that specific session. CIP is not able to access Customer’s Computer without Customer’s knowledge, affirmative consent and involvement.

7.    WHAT DISCLOSURE CHOICES DO CUSTOMERS HAVE?

Customer can always choose not to disclose Personal Information to CIP; however, certain Personal Information is necessary for CIP to provide the Service to Customer. Customer may opt out of sharing Personal Information with Our Affiliates only for marketing or advertising purposes, but not for business or operational purposes. Customer may opt out of email marketing and advertising from CIP or its Affiliates using the “Unsubscribe” mechanism in each email. Before CIP sends Customer a text for any reason, or sends Customer a pre-recorded call that contains advertising or marketing information, CIP will secure Customer’s prior written express consent, which can be given via a voice recording, email, text message, postal mail, or telephone key press. Non-telemarketing pre-recorded calls do not require Customer’s prior express consent in writing, unless they are sent to a wireless device. Customer understands, acknowledges and agrees that such texts and pre-recorded telemarketing calls may be sent using an autodialer and are not conditioned on your purchase of the Service. Customer may opt out of receiving text messages any time by replying “STOP” or “UNSUBSCRIBE” to the text message. Customer may opt out of receiving pre-recorded calls by the opt-out instructions in the call. Customer can also request to be added to CIP’s company-specific Do Not Call list to opt-out of advertising and marketing calls of all types. However, Customer will continue to receive calls related to debt-collection and Customer’s current Service. Customer may also opt-out of First Party Advertising, but not Contextual Advertising, as detailed in the “Use of Personal Information for Marketing or Advertising Purposes” section above. Customer may not opt out of CIP’s use of cookies or other similar technology, or use of Customer’s Personal Information and Non-Personal Information for CIP’s internal analytics used to monitor activity on CIP’s website, measure CIP’s Service performance, or to operate and protect the CIP Network.

8.    WHAT PERSONAL INFORMATION CAN CUSTOMERS ACCESS, MODIFY AND/OR DELETE?

Generally, Customer may access the following Personal Information in Customer’s account:

• Full name
• Username and password
• Email address
• Telephone number, and
• Account and billing information

By contacting CIP at info@getcip.com, or through any online access portal and/or via telephone, CIP may enable Customers to view, access and modify Customer account settings, and in some cases, edit or delete the Personal Information listed above. CIP will retain historic email and billing for security and verification purposes and Customers may not delete such information even after the subscription expires or terminates.

Existing Customers may not delete any Personal Information because such information is necessary to provide and bill for the Services; Customers may only update or modify the following Personal Information:  Full name, Username or password, email address, contact number.

CIP may use any aggregated data derived from Customer’s Personal Information but not in a manner that would identify Customer personally. CIP may also maintain Personal Information regarding Customer and Customer’s use of the Service after Customer is no longer a CIP customer as required by CIP’s business practices, by law, and/or tax reporting purposes. The information Customer can view, update, and delete may also change if required by law. If Customer has any questions about viewing or updating information CIP has on file about Customer, please contact CIP at info@getcip.com.

9.    WILL THIS PRIVACY POLICY EVER CHANGE?

         Yes, CIP is constantly working to improve the Service, so CIP will need to update this Privacy Policy from time to time as CIP’s business practices change and service offerings increase, and/or there are changes in local, state or federal laws. Additionally, CIP will also make stylistic, organizational and/or grammatical changes to present CIP privacy practices in a user friendly easy to read manner. CIP will alert Customers to any such changes by placing a notice on CIP’s Site and App with the effective date of the revised Privacy Policy, and/or by sending Customers an email, or by some other means to the extent required by law. Please note that if Customers have not provided CIP with Customer’s email address or Customer has not updated Customer contact information, those legal notices will still govern Customer use of the Service, and Customer is still responsible for reading and understanding all notices posted on CIP’s website. Customer’s continued use of the Service or website after notice of any changes have been provided will indicate Customer’s acceptance of such changes, except where further steps are required by applicable law.

Use of Customer’s Personal Information is primarily governed by the Privacy Policy in effect at the time Customer subscribed to the Service or visited the CIP website. If CIP elects to use or to disclose Personal Information that identifies CIP as an individual in a manner that is materially different than that stated in the Privacy Policy in effect at the time you subscribed to the Service or visited the CIP Site, CIP will provide Customer with an opportunity to consent to such use or disclosure. Depending on the circumstances, that consent may include an opt-out.

10.    WHAT IF YOU HAVE QUESTIONS OR COMMENTS ABOUT THIS PRIVACY POLICY?

         If you have any questions or concerns regarding CIP’s privacy practices and policies, please contact CIP at info@getcip.com.


 

Community Internet Providers 

Terms of Service
 

Last Update: November 23, 2022

     This Terms of Service Agreement (“Service Agreement” or “TOS”), consisting of these terms and conditions and all other documents referenced herein by and between Community Internet Providers (“CIP,” “we,” “us,” and “our”) and the individual or entity named on the Confirmation of Sale (“COS”) or DIA Proposal (as defined below) to which this Agreement is attached (“Customer,” “you,” or “your”), sets forth the terms and conditions under which CIP will make available its Standard Internet Access Service, Dedicated Internet Access Service (“DIA”), voice over Internet Protocol telephony service (“VoIP Service”) and related services and components (collectively, the “Service”). This Service Agreement governs both residential and commercial Customers. “Affiliate” means an entity that controls, is controlled by or is under common control with CIP.

          By using the Service, Customers agree to be bound by the terms of this Service Agreement and all documents incorporated by reference herein, including without limitation CIP Privacy Policy, Open Internet Policy, DMCA Copyright Infringement Notification Policy, Confirmation of Sale (“COS”) (applicable only for Standard Internet Access Service), and Additional Terms (terms and conditions that will govern a new service offering) as each may be amended from time to time. If there is a conflict between this Service Agreement and any Additional Terms, the Additional Terms shall govern. Premium Dedicated Internet Access (“DIA”) Service Customers are also subject to a separate written proposal that details their customized service (“DIA Proposal”), which is also incorporated by reference into this TOS.

          PLEASE READ THIS AGREEMENT CAREFULLY TO ENSURE THAT CUSTOMER UNDERSTANDS EACH PROVISION. THIS AGREEMENT REQUIRES THE USE OF ARBITRATION ON AN INIDIVIDUAL BASIS TO RESOLVE DISPUTES, RATHER THAN JURY TRIALS OR CLASS ACTION LAWSUITS, AND ALSO LIMITS THE REMEDIES AVAILABLE TO CUSTOMER IN THE EVENT OF A DISPUTE.

          THIS SERVICE AGREEMENT INCLUDES MANY IMPORTANT TERMS, INCLUDING WARNINGS THAT YOU MAY BE UNABLE TO USE VOIP SERVICE FOR E911 OR OTHER EMERGENCY CALLS UNDER CERTAIN CIRCUMSTANCES, AND LIMITS AND DISCLAIMERS ON CIP’S LIABILITY. IF YOU DO NOT AGREE TO THESE TERMS, DO NOT USE THE SERVICE.

          CIP regularly updates and amends this Service Agreement, the Privacy Policy, the Open Internet Policy, DMCA Copyright Infringement Notification Policy, and other documents incorporated by reference in this Service Agreement. CIP will communicate any such updates or amendments to Customer in accordance with Section 20.h. Customer may obtain, at no charge, a copy of the current Service Agreement or any documents incorporated by reference herein by visiting CIP’s website or by contacting CIP.

1.    GENERAL OVERVIEW. This Service Agreement governs the following components and services defined under CIP’s Service. Customer may select from a menu of standard residential or commercial service(s) based on Customer’s needs. “Residential” Customers are individuals using the Services primarily for non-commercial personal and household purposes.  “Commercial” Customers include business, government, and institutional entities.  Details about the following can be found on CIP’s website, unless noted otherwise: https://www.getcip.com/

a.    Standard Internet access service – Internet broadband access service for Residential and Commercial Customers;

b.    Dedicated Internet Service (“DIA Service”) – Premium Internet broadband access service for high-volume commercial/government/institutional Customers;

c.    “VoIP Service” – digital, IP-based phone service for Residential and Commercial Customers; and

d.    Customer technical/repair support, including support technicians.
 

2.    EQUIPMENT AND REQUIREMENTS FOR PROVISION OF THE SERVICE. Specific terms and conditions that govern a DIA Service Customer’s use of their own equipment or CIP Equipment are set forth in the DIA Proposal. The section only governs Standard Internet Access Service and VoIP Customers:

a.   Customer Equipment. To use the Service, Customer must have a personal computer or other device and may use any router of Customer’s choosing.  Although CIP is under no obligation to do so, CIP may, and Customer authorizes CIP to, perform any updates and/or changes to Customer’s equipment, on-site or remotely, from time to time as CIP deems necessary, in CIP’s sole discretion. Customer will direct any questions concerning third-party hardware or software to the manufacturer. CIP has no responsibility for the operation or support, maintenance or repair of any equipment, software or services that Customer elect to use in connection with the Services. As set forth below and in the Open Internet Policy, Customer is not permitted to connect any harmful equipment to the CIP Equipment (as defined below). Customer understands that failure to comply with this restriction may cause damage to the CIP Networks and subject Customer to liability for damages and/or other liability. Customer understands, acknowledges and agrees to not alter, modify or tamper with the CIP Equipment or the Service, or to permit, encourage or solicit any other person to do the same, unless such person has been authorized to do so by CIP.

b.    CIP Equipment. Customer acknowledges that at the time of installation of the Service, the equipment owned and operated by CIP listed on the COS was installed (the “CIP Equipment”) at a location and in a manner authorized by Customer. Customer further acknowledges that the CIP Equipment may, at CIP’s sole discretion, be refurbished or otherwise used equipment. Customer agrees that the CIP Equipment was installed at a location and in a manner authorized by Customer. The CIP Equipment is and shall remain the property of CIP, and will be provided to the Customer under the terms set forth in the COS. At such time as Customer or CIP terminate the Service, Customer will return the CIP Equipment to CIP within fifteen (15) calendar days, and in accordance with CIP’s then-current return procedures.

c.    VoIP Service Requirements and Availability.  Customer must supply certain facilities, such as installed inside wiring and jacks, and a powered electrical outlet.  Customer is responsible for supplying and ensuring that the facilities Customer supplies are compatible with the Services and meet state, federal and other applicable standards.  Customer represents that Customer either owns Customer’s facilities or has the right to use the facilities in connection with the VoIP Service.  CIP shall have no obligation to provide, maintain, support, or service Customer’s facilities.  If Customer’s Internet connection is suspended or disabled for any reason, the VoIP Service will not be available until Customer reestablishes Customer’s Internet connection with CIP or whichever Internet provider Customer utilizes.

d.    Customer’s Obligation to Maintain Power to CIP Equipment. Customer understands and agrees that:

i.    Customer must provide electrical power and a continuous connection to the power grid to CIP Equipment at all times (including, without limitation, when Customer is not using the Service);

ii.    Customer’s failure to provide such power and continuous connection may result in damage to the CIP’s Equipment or to Customer Equipment, for which damage Customer will be solely responsible;

iii.    CIP provides Customer with an option to purchase the following standby backup power: (1) a minimum of eight hours, or (2) a minimum of twenty-four hours.  These units do not guarantee the CIP Network will remain available during a power outage or other causes of network interruption.  They also do not guarantee that phones purchased or used by the Customer with this service will remain operational, particularly if such devices require commercial power; and

iv.    CIP also offers Customer installation of the Customer’s selected back-up power equipment for a small fee.  All backup power equipment purchased by the Customer is considered to be Customer Equipment.

e.    Replacement and Upgrade of CIP Equipment.

i.    For a one-year period after the date of installation, CIP provides a limited warranty against any defect in materials or workmanship in the CIP Equipment that is warranted by the manufacturer of such CIP Equipment. During this one-year period, in the event there is a problem with the CIP Equipment that is, as determined by CIP in its sole discretion, not a result of action or inaction on the part of Customer (see below for details), and that cannot be corrected either over the telephone or on-site, CIP will, as its sole obligation and Customer’s sole remedy for such problem, repair or replace such CIP Equipment at CIP’s expense. CIP shall have no obligation to repair, replace or otherwise upgrade, any CIP Equipment that has been, in CIP’s sole discretion, damaged or otherwise requires repair, replacement or upgrade as a result of damage or disruption caused by misuse or neglect or otherwise caused by Customer, including, without limitation, damage or disruption caused by Customer’s failure to comply with Section 2.e herein or by Customer’s failure to comply with the last sentence of Section 2.a herein.  Customer understands, acknowledges and agrees that this warranty expressly excludes defects in the CIP Equipment caused by acts of nature (such as, but not limited to, lightening damage), damage from misuse or neglect, water damage, damage caused by Customer’s failure to comply with Section 2.e herein or damage or other disruption caused by Customer’s failure to comply with the last sentence of Section 2.a herein. After the one-year warranty period, Customer will be solely liable for any and all damage to any CIP Equipment.  Customer understands, acknowledges and agrees that CIP may from time to time require upgrades or replacement of the CIP Equipment to provide continued quality or service, and Customer will be obligated to pay the then-applicable “Equipment Upgrade Fee” as established by CIP.

f.    Customer understands, acknowledges and agrees that prior to CIP servicing any Customer equipment or CIP Equipment, it is Customer’s responsibility to (i) back-up the data, software, information or other files stored on Customer’s computer or other device including but not limited to disk drives, peripherals, MP3 player, DVD player, camcorder, digital camera and/or on any other electronic storage device; and (ii) remove all videotapes, compact disks, DVDs, film or other media from Customer’s equipment. Under no circumstances shall CIP and/or its Operational Service Provider, be liable under any circumstances for any loss, disclosure, alteration or corruption of any data, software, information, files, videotapes, compact disks, DVDs, film or other media. An Operational Service Provider is a third party-owned company that provides or performs services on CIP’s behalf, to help serve Customers better, or to perform internal functions that support CIP’s Service and operations.

3.    ACCESS TO CUSTOMER’S PREMISES. Customer hereby grants CIP and its Affiliates, and each of their respective employees, contractors, representatives, agents, and Operational Service Providers the right to enter Customer’s property and premises at any time for the purpose of operating or maintaining the CIP Equipment or the CIP Networks, retrieving CIP Equipment or fulfilling its obligations or exercising its rights under this Agreement. CIP shall provide Customer with reasonable advance notice of any such planned access, except when, in the reasonable opinion of CIP, an emergency or other exigent circumstance exists that would require CIP to immediately enter Customer’s property and premises.

4.    CUSTOMER’S REPRESENTATIONS, RESPONSIBILITIES AND WARRANTIES.  If Customer is an individual, Customer represents and warrants that he or she is at least 18 years of age and has legal authority to execute this Agreement. If Customer is a commercial entity, the individual executing this Agreement represents and warrants he or she has legal authority to execute this Service Agreement on behalf of Customer.

a.    This Service is personal to Customer and Customer represents and warrants that it will not assign, transfer, resell or sublicense Customer’s rights under this Agreement unless specifically permitted by the terms of this Agreement. (i) For residential Customers, Customer represents and warrants that the Service and the CIP Equipment shall be used only by Customer and by members of Customer’s immediate household living with Customer at the same address, and Customer will not redistribute or share the Service with any others or transmit the Service over a wireless or other network that is not secured. (ii)  For commercial Customers, Customer represents and warrants that the Service and the CIP Equipment shall be used only by Customer and by authorized members of Customer’s business located at the same address, and Customer will not redistribute or share the Service with any others or transmit the Service over a wireless or other network that is not secured.

b.    Customer represents and warrants that Customer is solely responsible and liable for any and all breaches of the terms and conditions of this Agreement and any other documents incorporated by reference in this Service Agreement, whether such breach results from Customer’s use of the Service or by another person using the Service via Customer’s equipment or CIP Equipment.

c.    Customer represents and warrants that Customer will not use the Service in a manner that (i) infringes or violates the intellectual property rights or proprietary rights, rights of publicity or privacy, or other rights of any third party; (ii) violates any local, state or federal statute, ordinance or regulation, or this TOS; (iii) is harmful, fraudulent, deceptive, threatening, abusive, harassing, tortious, defamatory, vulgar, obscene, libelous, or otherwise objectionable; (iv) impersonates any person or entity, including without limitation any officer, employee, agent, representative or Operational Service Provider of CIP or its Affiliates; or (v) transmits any virus, Trojan horse, worm, time bomb, or other harmful computer code, file, or program.

d.    Customer represents and warrants that the personal information (“Personal Information”) Customer provided and will provide to CIP during the term of this Service Agreement, including without limitation Customer’s legal name, email address for communications with CIP (such email address, as the same may be modified from time to time by Customer upon notice to CIP, the “Account Email Address”), Service address, billing address, telephone number(s), and payment data (including without limitation information provided when authorizing Automated Clearing House payments or other recurring payments) and Non-Personal Information, such as but not limited to the number of computers on which the Service is being accessed (all such information, collectively, the “Customer Information” for purpose of this Service Agreement is accurate, complete and current.

e.    Customer represents and warrants that there are no legal, contractual or similar restrictions on the installation of the CIP Equipment in the location(s) and in the manner authorized by Customer and that Customer is responsible for ensuring compliance with all regulations, applicable building codes, zoning ordinances, homeowners’ association rules, covenants, conditions or other restrictions related to the installation of the CIP Equipment and Service, for paying any fees or other charges and obtaining any permits or authorizations necessary for the installation of the CIP Equipment and/or provision of the Service (collectively, “Legal Requirements”) and the payment of any fines or similar charges for violation of any applicable Legal Requirements.

f.    Customer represents and warrants that when Customer transmits, uploads, posts, or submits any Customer Material (as defined herein) using the Service, Customer has the legal right to do so and that Customer’s use of such Customer Material does not violate any copyright or trademark laws or any other third party rights. Customer Material collectively includes without limitation any lawful or unlawful software, computer programs, applications, data, photographs, video and/or audio content, text, files, and other information, including emails, address book and web storage content - anything installed by Customer on CIP’s servers not provided by CIP .

5.    THE SERVICE AND PRIVACY. CIP has established a Privacy Policy (“Privacy Policy”), which governs CIP’s collection, use, disclosure, management and security related to Customer’s Personal Information. The Privacy Policy also governs customer proprietary network information (“CPNI”) that is related to CIP’s VoIP Service.  CPNI is any information that relates to the quantity, technical configuration, type, destination, location, and amount of use of our VoIP Service, telephone numbers called and received, such as call detail, logs, and specifics regarding your VoIP Service account.

a.    Customer agrees that Customer received a copy of the then-in-effect Privacy Policy at the time Customer executed this Service Agreement. Subject to Section 20.h herein, CIP may update or amend the Privacy Policy at any time without Customer’s prior consent, unless such consent is required by law. CIP will, however, provide notice of any such changes or amendments as stated in CIP’s Privacy Policy. Customer understands, acknowledges and agrees that Customer’s continued use of the Service after notice of any changes or amendments have been provided will indicate Customer’s acceptance of such changes, except where further steps are required by applicable law. All such updates or amendments shall be deemed to be incorporated by reference into this Service Agreement.

b.    CIP does not routinely monitor a Customer’s activity for violation of this Service Agreement and CIP has no obligation to monitor content transmitted by use of, or other information related in any way to the provision or receipt of, the Service. However, Customer agrees that CIP has the right to monitor the Service, any and all information or Customer Material transmitted through the Service or by use of the CIP Equipment, and information available to CIP regarding Customer’s computer and other equipment in accordance with this Service Agreement. CIP has the right at all times and without notice to remove, restrict access to or make unavailable any information or content residing on CIP’s, its Affiliates’ or Operational Service Providers’ servers. CIP has the right to monitor, review, retain or disclose any content or other information in CIP’s possession about or related to Customer (including, without limitation, Customer Information), Customer’s use of the Service, or otherwise, as necessary to satisfy any applicable law, or otherwise as CIP deems necessary or appropriate in CIP’s sole discretion.

c.    CIP may require that Customer use a username (“User ID”) and password combination or other reasonable procedures to verify Customer’s identity when requesting or otherwise accessing account information, making changes to the Services or performing other functions related to the Services through CIP’s authorized Customer service channels.  The only person authorized to access a Residential Customer’s account is the individual whose name is listed on the account.  Only Commercial Customers may choose to designate one or more authorized users of Customer’s account (an “Authorized User”), who will be permitted to access the Customer’s account information and make certain changes to the Customer’s account.  Customer must provide advance notice to CIP of any Authorized User. 

d.    Customers understand, acknowledge and agree that the Customer will be solely liable for any and all actions or inactions by any person or Authorized User using the Services.

6.    USER IDS AND PASSWORDS.

a.    Residential accounts are for individual use only. Commercial accounts are for authorized personnel only.

b.    Residential Customers shall not share User IDs, passwords or accounts with others. Commercial Customers shall only provide User IDs, passwords to authorized personnel.

c.    Customer can establish his/her own secure password as long as it meets CIP standards and requirements under Applicable Law.

d.    CIP may monitor the security of Customer’s passwords at any time.

7.    SYSTEM SECURITY.

a.    Customer is solely responsible for maintaining the security of Customer’s computer(s)/device(s) and data and protection of Customer’s User ID, password and Personal Information and other data.

b.    Customer is prohibited from utilizing the Service to compromise the security or tamper with CIP’s system resources or accounts on any of CIP’s computers, routers, switches, servers, radios, modems, or any other equipment at CIP or at any other website. Use or distribution of tools designed for compromising security is prohibited. Examples of the tools include but are not limited to password guessing programs, cracking tools, and network probing tools. Any attempt to access any of CIP’s corporate assets is strictly prohibited.

c.    CIP reserves the right to release the login names of Customers involved in violating system security to system administrators at other websites, in order to assist them in resolving security incidents. CIP will also fully cooperate with law enforcement authorities in investigating suspected lawbreakers, subject to CIP’s Privacy Policy and applicable law.

8.    ACCEPTABLE USAGE.  CIP’s Acceptable Use Policy is incorporated into this Agreement by reference and governs the type of acceptable activities associated with the use of the Services, including but not limited to usage of CIP’s systems and the CIP Networks for accessing the World Wide Web, Internet Relay Chat, USENET Newsgroups, Email, and other Internet features. The Acceptable Use Policy also identifies the activities specifically prohibited by CIP.

9.    DIGITAL MILLENNIUM COPYRIGHT ACT. Under the Digital Millennium Copyright Act (“DMCA”), copyright owners have the right to notify CIP’s registered designated agent if they believe that a Customer has infringed on their work(s). When CIP receives a complaint notice from a copyright owner, CIP will notify the Customer of the alleged infringement by providing Customer a copy of the submitted DMCA notice, to the extent permissible by law. As required by law, CIP enforces a graduated response policy to complaints that may lead to suspension or termination of service. CIP’s policy is to terminate the internet services for any Customer receiving 4 or more DMCA notices annually. For information how to contact CIP’s Designated Agent, please see CIP’s DMCA Copyright Infringement Notification Policy, available here.

10.    PENALTIES FOR VIOLATIONS OF SERVICE AGREEMENT. Violation of this Agreement may be subject to immediate termination of Customer’s account in addition to any and all criminal and civil penalties available under the law. Typically, Customer will receive a warning on the first offense. However, if the offense is severe enough, CIP reserves the right to disable and terminate the account immediately. Accounts which have been disabled for abuse will not be re-opened. CIP also reserves the right to modify and/or disable Service at any such time the Customer violates this Service Agreement.

a.    CIP will not reimburse Customer when Service has been suspended or disabled due to violations of this Service Agreement.

b.    If Service is disconnected for non-payment, CIP is not obligated to re-connect Customer’s Service. However, if Customer desires re-connection, and CIP agrees to do so, Customer agrees to pay a Re-installment Fee plus any amount past due under Customer’s COS or DIA Proposal. The amount of the re-installment fee is set forth on CIP’s website.

11.    SOFTWARE LICENSES AND THIRD-PARTY SERVICES.

a.    CIP may provide software for use in connection with the Service which is owned by CIP or its third-party licensors, third party suppliers, and Operational Service Providers (“Software”). Such Software will be subject to an additional fee. CIP reserves the right periodically to update, upgrade, or change the Software remotely or otherwise and to make related changes to the settings and software on Customer’s computer(s)/device(s) or Equipment, and Customer agrees to permit such changes and access to Customer’s computer(s)/device(s) and Equipment. Customer may use the Software only in connection with the Service and for no other purpose.

b.    Certain Software may be accompanied by an end user license agreement (“EULA”) from CIP or a third party. CIP’s use of the Software is governed by the terms of that EULA and by this Agreement, where applicable. Customer may not install or use any Software that is accompanied by or includes a EULA unless Customer first agrees to the terms of the EULA.

c.    For Software not accompanied by a EULA, Customer is hereby granted a revocable, non-exclusive, non-transferable license by CIP or its applicable third-party licensor(s) or Operational Service Provider to use the Software (and any corrections, updates and upgrades thereto).  Customer understands, acknowledges and agrees that the Software is confidential information of CIP or its third-party licensors/Operational Service Providers and that Customer will not disclose or use the Software except as expressly permitted herein. The Software contains copyrighted material, trade secrets, patents, and proprietary information owned by CIP or its third-party licensors/Operational Service Providers. Customer may not copy, de-compile, reverse engineer, disassemble, attempt to discover any source code or underlying ideas or algorithms of the Software, otherwise reduce the Software to a human readable form, modify, rent, lease, loan, use for timesharing or service bureau purposes, reproduce, sublicense or distribute copies of the Software, or otherwise transfer the Software to any third party, or allow, encourage or solicit others to do the same. Customer may not remove or alter any trademark, trade name, copyright or other proprietary notices, legends, symbols, or labels appearing on or in copies of the Software. Customer is not granted any title or rights of ownership in the Software. Customer acknowledges that this license is not a sale of intellectual property and that CIP or its third-party licensors/Operational Service Providers continue to own all right, title and interest, including but not limited to all copyright, patent, trademark, trade secret, and moral rights, to the Software and related documentation, as well as any corrections, updates and upgrades to it. The Software may be used in the United States only, and any export of the Software is strictly prohibited.

12.    CUSTOMER’S PAYMENT OBLIGATIONS FOR STANDARD INTERNET ACCESS SERVICE.  Payment obligations for DIA Service Customers will be set forth in the customized DIA Proposal.  Customer understands, acknowledges and agrees to pay CIP through the end of the Initial Term or any Renewal Term in accordance with CIP’s current billing policies. Failure to fulfill any payment obligations in a timely manner as provided herein will be considered to be a violation of this Service Agreement and Customer’s COS.

13.    VOIP SERVICE FEES, TAXES AND OTHER CHARGES. VoIP Service fees, taxes, and other charges may change from time to time. CIP blocks international phone calls from the United States except those made to Canada. Should a Customer require the ability to place international calls to countries other than Canada, CIP may open the lines for those specific countries at their discretion. If Customer makes calls to locations outside the United States and Canada, international rates will apply. International calling rates can be found on CIP’s website http://www.CIPISP.com.

14.    VOIP SERVICE 911 EMERGENCY SERVICES.   By acceptance, and use, of the VoIP Service, Customer acknowledges and accepts any limitations of 911/E911 service, and Customer agrees to convey these limitations to all persons who may have occasion to place calls over the VoIP Service. If Customer has any questions about 911/E911, call CIP at 903.873.3122 or email info@getcip.com.

15.    DISCLAIMER OF WARRANTIES.

a.    CUSTOMER EXPRESSLY AGREES THAT CUSTOMER USES THE SERVICE AND THE CIP EQUIPMENT AT CUSTOMER’S SOLE RISK. THE SERVICE AND CIP EQUIPMENT ARE PROVIDED ON AN “AS-IS” AND “AS AVAILABLE” BASIS AND EXCEPT TO THE LIMITED WARRANTIES SPECIFICALLY SET FORTH IN SECTION 2.e HEREIN, IF APPLICABLE, WITHOUT WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION ANY WARRANTY OF TITLE, NON-INFRINGEMENT, FITNESS FOR A PARTICULAR PURPOSE, OR MERCHANTABILITY. NEITHER CIP NOR ITS AFFILIATES, OFFICERS, DIRECTORS, EMPLOYEES, SHAREHOLDERS, REPRESENTATIVES, AGENTS, OPERATIONAL SERVICE PROVIDERS, THIRD PARTY SUPPLIERS OR SOFTWARE LICENSORS WARRANTS: (I) TO UNINTERRUPTED, TIMELY OR SECURE USE OF SERVICE; (II) THAT THE SERVICE WILL MEET CUSTOMER’S REQUIREMENTS; (III) THAT THE SERVICE WILL BE ERROR-FREE OR FREE OF ANY VIRUSES, WORMS, SPAM, POP-UP ADVERTISING, SPYWARE, ADWARE OR OTHER HARMFUL COMPONENTS, EVEN IF COUNTERMEASURES HAVE BEEN DEPLOYED; OR (IV) THAT ANY PERSONAL INFORMATION, NON PERSONAL INFORMATION, DATA OR FILES CUSTOMER SENDS OR RECEIVES VIA THE SERVICE WILL BE TRANSMITTED IN UNCORRUPTED FORM, WITHIN A REASONABLE TIME, OR FREE FROM UNAUTHORIZED ACCESS BY OTHERS OR THAT OTHER USERS WILL BE UNABLE TO GAIN ACCESS TO CUSTOMER’S COMPUTER OR DEVICE. THIS INCLUDES, BUT IS NOT LIMITED TO, INCIDENTS OF FILE SHARING, PRINT SHARING OR USE OF OTHER MEANS THAT ENABLE INTERNET USERS TO GAIN ACCESS TO CUSTOMER’S COMPUTER, DEVICE, OR NETWORK OR CIP EQUIPMENT, OR TO MONITOR CUSTOMER’S ACTIVITY AND CONDUCT WHILE USING THE SERVICE. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY CUSTOMER FROM CIP SHALL CREATE ANY WARRANTY NOT EXPRESSLY MADE HEREIN. SOME STATES DO NOT ALLOW LIMITATIONS ON THE SCOPE OF A LIMITATION OF WARRANTY OR HOW LONG AN IMPLIED WARRANTY LASTS, SO THE ABOVE LIMITATIONS MAY NOT APPLY TO CUSTOMER.

b.    In addition, CIP may, in its sole discretion, make available to Customer security software, such as anti-virus software, firewall software, “pop-up” advertising blocking software, parental control software, anti-spyware or anti-adware software for Customer’s use on Customer’s computer system(s) in conjunction with the Service. Any such security software provided by CIP to Customer is intended to provide only a minimal level of protection to Customer’s computer system(s). CUSTOMER UNDERSTANDS, ACKNOWLEDGES AND AGREES THAT CIP AND ITS AFFILIATES, OFFICERS, DIRECTORS, EMPLOYEES, SHAREHOLDERS, REPRESENTATIVES, AGENTS, THIRD-PARTY SUPPLIERS AND LICENSORS OF ANY SUCH SECURITY SOFTWARE, DO NOT GUARANTEE ITS ACCURACY, EFFICACY OR PERFORMANCE. CUSTOMER UNDERSTANDS AND AGREES THAT CIP AND ITS AFFILIATES, OFFICERS, DIRECTORS, EMPLOYEES, SHAREHOLDERS, REPRESENTATIVES, AGENTS, THIRD PARTY SUPPLIERS AND LICENSORS ARE NOT RESPONSIBLE FOR ANY DAMAGE TO CUSTOMER’S COMPUTER SYSTEM(S) (OR THE INFORMATION STORED THEREIN) THAT MAY RESULT FROM USE OF THE SECURITY SOFTWARE OR FROM ITS NONPERFORMANCE.    c.    EXCEPT AS SPECIFICALLY SET FORTH IN THE COS, CUSTOMER UNDERSTANDS AND AGREES THAT NEITHER CIP NOR ITS AFFILIATES, OFFICERS, DIRECTORS, EMPLOYEES, SHAREHOLDERS, REPRESENTATIVES, AGENTS, OPERATIONAL SERVICE PROVIDERS OR THIRD PARTY SUPPLIERS AND LICENSORS GUARANTEE THAT ANY PARTICULAR AMOUNT OF BANDWIDTH ON THE CIP NETWORKS OR THAT ANY SPEED OR THROUGHPUT OF CUSTOMER’S CONNECTION TO THE CIP NETWORKS WILL BE AVAILABLE TO CUSTOMER. Customer understands, acknowledges and agrees that the availability and speed of the Service provided at Customer’s premises may vary depending upon a number of factors, including Customer’s computer system(s), associated equipment and other devices accessing the Service, the terrain and location of Customer’s premises, foliage between CIP Equipment and other components of the CIP Networks, Internet traffic, and other factors such as system capacity limitations, governmental actions, events beyond CIP’s control and system failures, modifications, upgrades and repairs.

c.    EXCEPT AS SPECIFICALLY SET FORTH IN THE COS, CUSTOMER UNDERSTANDS AND AGREES THAT NEITHER CIP NOR ITS AFFILIATES, OFFICERS, DIRECTORS, EMPLOYEES, SHAREHOLDERS, REPRESENTATIVES, AGENTS, OPERATIONAL SERVICE PROVIDERS OR THIRD PARTY SUPPLIERS AND LICENSORS GUARANTEE THAT ANY PARTICULAR AMOUNT OF BANDWIDTH ON THE CIP NETWORKS OR THAT ANY SPEED OR THROUGHPUT OF CUSTOMER’S CONNECTION TO THE CIP NETWORKS WILL BE AVAILABLE TO CUSTOMER. Customer understands, acknowledges and agrees that the availability and speed of the Service provided at Customer’s premises may vary depending upon a number of factors, including Customer’s computer system(s), associated equipment and other devices accessing the Service, the terrain and location of Customer’s premises, foliage between CIP Equipment and other components of the CIP Networks, Internet traffic, and other factors such as system capacity limitations, governmental actions, events beyond CIP’s control and system failures, modifications, upgrades and repairs.

d.    THIS SERVICE AGREEMENT GIVES CUSTOMER SPECIFIC LEGAL RIGHTS, AND CUSTOMER MAY HAVE OTHER RIGHTS WHICH VARY FROM STATE TO STATE.

16.    LIMITATION OF LIABILITY

a.    STATUTE OF LIMITATIONS: CUSTOMER MUST BRING ANY CLAIM OR LAWSUIT WITHIN ONE (1) YEAR THE CLAIM OR SUIT ARISES.

b.    TO THE FULLEST EXTENT ALLOWED BY APPLICABLE LAW, IN NO EVENT SHALL CIP OR ITS AFFILIATES, OFFICERS, DIRECTORS, EMPLOYEES, SHAREHOLDERS, REPRESENTATIVES, AGENTS, OPERATIONAL SERVICE PROVIDERS, THIRD PARTY LICENSORS OR THIRD PARTY SUPPLIERS, OR EACH OF THEIR RESPECTIVE OFFICERS, DIRECTORS, EMPLOYEES, REPRESENTATIVES, OR AGENTS, AND ANY OF THEIR SUCCESSORS AND ASSIGNS BE LIABLE WITH RESPECT TO THE SERVICE OR THE SUBJECT MATTER OF THIS SERVICE AGREEMENT UNDER ANY CONTRACT, NEGLIGENCE, TORT, STRICT LIABILITY OR OTHER LEGAL OR EQUITABLE THEORY. SOME STATES DO NOT ALLOW THE EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE LIMITATIONS AND EXCLUSIONS HEREIN MAY NOT APPLY TO CUSTOMER. CUSTOMER UNDERSTANDS, ACKNOWLEDGES AND AGREES THAT IF ANY PART OF THIS LIMITATION ON LIABILITY IS FOUND TO BE INVALID OR UNENFORCEABLE FOR ANY REASON, THEN THE AGGREGATE LIABILITY OF CIP UNDER SUCH CIRCUMSTANCES FOR LIABILITIES THAT OTHERWISE WOULD HAVE BEEN LIMITED SHALL NOT EXCEED ONE HUNDRED DOLLARS ($100.00 US).

c.    TO THE FULLEST EXTENT ALLOWED BY APPLICABLE LAW, IN NO EVENT SHALL CIP OR CIP-RELATED ENTITIES BE LIABLE FOR DEVELOPING, INSTALLING, OPERATING, PROVIDING, IMPLEMENTING, MAINTAINING, OR PARTICIPATING IN A 911 EMERGENCY TELEPHONE SYSTEM OR SIMILAR EMERGENCY SYSTEM OR E911 SERVICE, INCLUDING WITHOUT LIMITATION (i) RECEIVING, DEVELOPING, COLLECTING, OR PROCESSING INFORMATION FOR E911 DATABASES, (ii) RELAYING, TRANSFERRING, OPERATING, MAINTAINING, OR PROVIDING 911 OR E911 SERVICES OR SYSTEM CAPABILITIES, OR (iii) PROVIDING EMERGENCY TELEPHONE AND RADIO COMMUNICATIONS FOR AMBULANCE, POLICE AND FIRE DEPARTMENTS;

d.    ADDITIONALLY, CIP WILL HAVE NO LIABILITY FOR THE FOLLOWING: (i) FOR ANY AMOUNT IN THE IN EXCESS OF ONE HUNDRED DOLLARS ($100.00 US); (ii) FOR ANY THIRD-PARTY FEES OR CHARGES, INCLUDING BUT NOT LIMITED TO, BANKING FEES, OVERDRAFT FEES, MOBILE PHONE OR OTHER WIRE LINE CHARGES, TECHNICIAN CHARGES, OR OTHER SIMILAR CHARGES; (iii) FOR ANY INDIRECT, INCIDENTAL, PUNITIVE, SPECIAL, EXEMPLARY, OR CONSEQUENTIAL DAMAGES OF ANY KIND WHATSOEVER; (iv) FOR DATA LOSS OR COST OF PROCUREMENT OF SUBSTITUTE GOODS OR SERVICES; (v) FOR ANY DAMAGES OR LOSS DUE TO CUSTOMER’S FAILURE TO BACK UP ANY EQUIPMENT AS REQUIRED IN SECTION 2.f HEREIN; (vi) ANY LACK OR BREACH OF SECURITY CUSTOMER OR ANY OTHER PARTY MAY EXPERIENCE OR BE EXPOSED TO WHILE USING THE SERVICE; (vii) FOR ANY MATTER BEYOND CIP’S REASONABLE CONTROL; (viii) FOR ANY INTERFERENCE OR INCOMPATIBILITY WITH OR DISRUPTION OF ANY NON-VOICE SYSTEMS, WHETHER CAUSED BY THE VOIP SERVICE, INTERNET SERVICE, EQUIPMENT, OR OTHERWISE; OR (ix) CUSTOMER’S USE OF THE SERVICE FOR OR IN CONNECTION WITH ANY HIGH-RISK OR UNLAWFUL USES, OR ANY USE THAT VIOLATES THIS SERVICE AGREEMENT.  

17.    AGREEMENT TO ARBITRATE (a) CUSTOMER AND CIP AGREE TO ARBITRATE ALL DISPUTES AND CLAIMS BETWEEN CUSTOMER AND CIP. The agreement between Customer and CIP to arbitrate all disputes and claims between them is intended to be broadly interpreted. It includes, but is not limited to: claims arising out of or relating to any aspect of the relationship between Customer and CIP, whether based in contract, tort, statute, fraud, misrepresentation or any other legal theory, claims that arose before this or any prior Agreement (including, but not limited to, claims relating to advertising), claims that are currently the subject of purported class action litigation in which Customer is not a member of a certified class and claims that may arise after the termination of this Agreement. For the purposes of this Section 17, references to Customer include Customer’s subsidiaries, affiliates, agents, employees, predecessors in interest, successors, and assigns, as well as all Authorized Users or unauthorized users or beneficiaries of the Service. CUSTOMER AGREES THAT, BY ENTERING INTO THIS AGREEMENT, CUSTOMER AND CIP ARE EACH WAIVING THE RIGHT TO A TRIAL BY JURY OR TO PARTICIPATE IN A CLASS ACTION. This Agreement evidences a transaction in interstate commerce, and thus the Federal Arbitration Act governs the interpretation and enforcement of this provision. This arbitration provision shall survive termination of this Agreement.

a.    A party who intends to seek arbitration must first send to the other, by certified mail, a written notice (“Arbitration Notice”). An Arbitration Notice to CIP must be addressed to CIP at the address set forth in this Service Agreement for notices. An Arbitration Notice to Customer must be addressed to Customer at Customer’s then-current billing address. The Arbitration Notice must (i) describe the nature and basis of the claim or dispute and (ii) set forth the specific relief sought. If Customer and CIP do not reach an agreement to resolve the claim within sixty (60) calendar days after the Arbitration Notice is received, Customer or CIP may commence an arbitration proceeding. During the arbitration, the amount of any settlement offer made by CIP or Customer shall not be disclosed to the arbitrator until after the arbitrator determines the amount, if any, to which Customer or CIP is entitled.

b.    The arbitration shall be governed by the Commercial Arbitration Rules and the Supplementary Procedures for Consumer Related Disputes (collectively, “AAA Rules”) of the American Arbitration Association (the “AAA”), as modified by this Agreement, and shall be administered by the AAA. The AAA Rules are available online at www.adr.org, by calling the AAA at 1-800-778-7879 or written request to CIP. The arbitrator shall be bound by the terms of this Agreement. All issues are for the arbitrator to decide, except that issues relating to the scope and enforceability of the arbitration provision are reserved to the decision of a court of competent jurisdiction. Unless Customer and CIP agree otherwise, any arbitration hearings shall take place in CIP. The right to a hearing shall be determined by the AAA Rules. Regardless of the manner in which the arbitration is conducted, the arbitrator shall issue a reasoned written decision sufficient to explain the essential findings and conclusions on which the award is based. The party initiating arbitration proceedings shall bear all the arbitration-related costs and expenses of both parties including, without limitation, legal fees and expenses.

c.    The arbitrator may award declaratory or injunctive relief only in favor of the individual party seeking relief and only to the extent necessary to provide relief warranted by that party’s individual claim. CUSTOMER AND CIP AGREE THAT EACH MAY BRING CLAIMS AGAINST THE OTHER ONLY IN ITS INDIVIDUAL CAPACITY AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS OR REPRESENTATIVE PROCEEDING. Further, unless both Customer and CIP agree otherwise, the arbitrator may not consolidate more than one person’s claims, and may not otherwise preside over any form of a representative or class proceeding. (e) Notwithstanding any provision in this Agreement to the contrary, Customer and CIP agree that if CIP makes any future change to this arbitration provision (other than a change to the address to which an Arbitration Notice is to be sent), Customer may reject any such change by sending CIP written notice within 30 days of the change. By rejecting any future change, Customer agrees that Customer will arbitrate any dispute between Customer and CIP in accordance with the language of this provision.

18.    INDEMNIFICATION. Customer agrees to indemnify, defend and hold harmless CIP, its Affiliates, officers, directors, employees, shareholders, representatives, agents, Operational Service Providers, third party licensors and suppliers and their respective members, officers, directors, employees, agents, representatives and contractors, and each of their successors and assigns (collectively, the “CIP Indemnitees”) from and against all losses, expenses, damages and costs, (including reasonable attorneys' fees) and other claims brought against any CIP Indemnitee(s) related to Customer’s use of the Service or any violation of this Service Agreement and all other documents incorporated herein by reference) including, but not limited to, claims that Customer’s use of the Service infringed on the patent, copyright, trademark or other intellectual property right of any third party, Customer’s violation of any law or the rights of another and claims resulting from Customer’s negligence. Customer agrees to pay any attorneys’ fees incurred by CIP and/or any other CIP Indemnitee in connection with the defense of any such third-party claims. CIP reserves the right to assume the defense and control of any matter subject to indemnification by Customer, in which event Customer will cooperate with CIP in asserting any available defenses.

19.    TERMINATION OF THE SERVICE.

a.    IF CUSTOMER CANCELS THE SERVICE OR ANY ASPECT THEREOF FOR ANY REASON, CIP SHALL NOT BE REQUIRED TO REFUND CUSTOMER ANY PORTION OF THE MONTHLY FEES PAID BY CUSTOMER FOR THE MONTH IN WHICH CANCELLATION OCCURS, UNLESS REQUIRED OTHERWISE BY STATE LAW.

b.    Customer may terminate the Service at any time by providing CIP written notice via email to info@getcip.com ten business (10) days prior to desired termination date. CIP may take reasonable steps to verify Customer’s identity and authority before effecting such termination. The full Monthly Payment is due for any part of a month in which Service is provided. Upon termination, Customer agrees to return any CIP Equipment.

c.    The Service and all Service features are subject to availability on an ongoing basis. Customer understands that CIP may cease to offer the Service or any Service feature at any time, for any reason or no reason, and without notice to Customer. Without limiting the generality of the foregoing, CIP may suspend, disconnect or terminate the Service at any time without prior notice if CIP believes in its sole discretion that Customer have (i) failed to pay Customer’s bill when due, (ii) threatened or harassed any CIP employee, agent or contractor or (iii) violated any other provision of this Service Agreement.

d.    If the Service to Customer is disconnected for any reason or Service is suspended in accordance with this Agreement, CIP may charge Customer (i) for Service during the period of disconnection or suspension in accordance with applicable federal and state law and (ii) reasonable disconnection and reconnection fees.

e.    In the event that Customer’s account is suspended, disconnected or terminated, no refund, including of fees paid by Customer to CIP, shall be granted. Moreover, CIP shall not be responsible for the return of data stored on CIP’s servers, including web and email servers. Customer agrees that CIP has no obligation to visit Customer’s home upon termination to reconfigure Customer’s computer(s) or for any other reason.

f.    Sections 3-4, 15, 16 and 17 herein shall survive any termination or expiration of this Agreement.

20.    GENERAL PROVISIONS.

a.    This Service Agreement (including all documents incorporated herein by reference) constitutes the entire agreement with respect to the Service. This Service Agreement supersedes and nullifies all prior understandings, promises and undertakings made orally or in writing by or on behalf of the parties with respect to the subject matter of this Agreement.

b.    The Parties agree that any Affiliates, Operational Service Providers, agents, third party suppliers and licensors of CIP are intended beneficiaries of this Service Agreement. Except as set forth in the previous sentence, this Agreement is not intended to give and does not give any rights or remedies to any person other than Customer and CIP.

c.    No agency, partnership, joint venture, or employment relationship is created as a result of the Service Agreement and neither party has any authority of any kind to bind the other in any respect.

d.     CIP shall not be liable for any failure to perform its obligations hereunder where such failure results from any cause beyond CIP’s reasonable control, including, without limitation, mechanical, electronic or communications failure or degradation (including "line-noise" interference).

e.    This Service Agreement and all matters arising out of or related to this Service Agreement shall be governed by the laws of the State of Texas without regard to its conflicts of law provisions. Subject to the agreement between customer and CIP with respect to arbitration of any disputes, Customer agrees that the federal and state courts of Texas alone shall have jurisdiction over all disputes arising under this Service Agreement and Customer consents to the personal jurisdiction of those courts.

f.    CIP’s failure to exercise or enforce any right or provision of this Service Agreement shall not constitute a waiver of such right or provision. If any term, covenant, condition or provision of this Service Agreement shall, to any extent, be held invalid, illegal or unenforceable, the remainder of this Service Agreement shall not be affected and each remaining term, covenant, condition and provision shall be valid and enforceable to the fullest extent permitted by law or construed as nearly as possible to reflect the original intentions of the parties.

g.    CIP may change, amend, alter, or modify this Service Agreement at any time. CIP may notify Customer of any change either by posting that change on CIP’s website www.GetCIP.com and by sending Customer an email or by U.S. mail. If Customer continues to use the Service after such notice has been made, Customer agrees that such continued use shall be deemed to be Customer’s acceptance of those changes. The current version of this Service Agreement, as the same may be modified by CIP from time to time, shall supersede any prior version of this Service Agreement that may have been provided to Customer at any time.

h.    Except as specifically set forth in this Service Agreement, any notices under this Agreement shall be effective as follows: (i) If to Customer: notice shall be made by (i) email to Customer’s; (ii) by first-class mail to Customer at Customer’s billing address then on file with CIP; or (iii) when posted to the Announcements page of CIP’s website. If by email, such notice shall be deemed effective when transmitted by CIP. If by first-class mail, such notice shall be deemed effective upon the earlier of (A) three business days after dispatch or (B) at such time as actually received by Customer. (ii) If to CIP: notice shall be made exclusively by first-class mail to CIP 203 N. 5th Street, Wills Point, TX 75169 or such other address as CIP may from time to time publish to Customer, and such notice shall be deemed effective upon receipt.

i.    Customer may not assign this Agreement, or Customer’s rights or obligations under this Service Agreement, without CIP’s prior written consent, and any purported assignment by Customer without such consent shall be void. CIP may transfer or assign any portion or all of this Service Agreement at any time without notice to Customer, and Customer waives any notice that may be required by law.

Community Internet Providers
DMCA Copyright Infringement Policy

Effective Date: October 20, 2022

This is the official copyright infringement notification policy (“DMCA Policy”) for the website(s) and Service(s) owned, operated or provided by Community Internet Providers, LLC (“CIP,” “our,” “us,” or “we”). This DMCA Copyright Infringement Policy sets forth the procedures that are required for customers, subscribers, users and visitors (collectively, “Users”) to notify us of an alleged copyright infringement of any of our website(s) or Service(s) and the procedures undertaken by us to respond to such notices under the Digital Millennium Copyright Act, 17 U.S.C. § 512(c)(3) (“DMCA”).

Any capitalized terms that are not defined in this DMCA Copyright Infringement Policy shall have the same meaning given in our terms and conditions/use agreement for our website(s) or Service(s), (collectively, “Service Agreements”). This DMCA Policy is incorporated by reference into our Service Agreements. The Service Agreements and this DMCA Policy are legally binding on all Users.

How to Provide Notification for Claims of Copyright Infringement

If you have a good faith reasonable belief that any material on our website(s) or Service(s) are infringing on your copyrights, and you wish to notify us of such alleged copyright infringement, you must provide the following information in a written communication in the form required by the DMCA to our Designated Agent (see below for contact information); it must include substantially the following information:

1.           A physical or electronic signature of the owner or 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 on our Website or Service are covered by a single notification, a representative list of such works at that Website or Service;          
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 us to locate the material;
4.           Information reasonably sufficient to permit our Designated Agent to contact the complaining party, such as a postal address, telephone number, and, if available, an electronic mail address at which the complaining party may be contacted;
5.           The 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; and
6.           A statement that the information in the notification is accurate and under penalty of perjury, that the complaining party is the owner or is authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.
   
   You may contact our Designated Agent for Notification of Claimed Copyright Infringement at:

Name of Service Provider: Community Internet Providers, LLC

Name of Designated Agent: Copyright Manager

Postal Address: 203 N. 5th Street, Wills Point, Texas, 75169

Telephone Number: 903-873-3122

Email Address: copyright@getcip.com

If you send your claim via email, you must put “DMCA Infringement Notification” in the subject line of the email. The above address is intended only for notifications and any related correspondence regarding claims of copyright infringement for the Service(s) or website(s) under this DMCA Policy. Correspondence pertaining to other matters will not receive a response if sent to the above contact information.

We will remove or disable access to any posted material for which we have received a notice of claimed copyright infringement in substantial conformance with the DMCA. United States law provides significant penalties for submitting a false or fraudulent claim of copyright infringement.

WE CAUTION YOU THAT IF YOU KNOWINGLY MISREPRESENT THAT ONLINE MATERIAL IS INFRINGING, YOU MAY BE SUBJECT TO SEVERE CIVIL PENALTIES. THESE INCLUDE MONETARY DAMAGES, COURT COSTS, AND ATTORNEY’S FEES INCURRED BY US, BY ANY COPYRIGHT OWNER, OR BY ANY COPYRIGHT OWNER'S LICENSEE THAT IS INJURED AS A RESULT OF OUR RELYING UPON YOUR MISREPRESENTATION. YOU MAY ALSO BE SUBJECT TO CRIMINAL PROSECUTION FOR PERJURY.

If we have an accurate postal mail or email address, we will also send a notification to the User who posted the material informing the User that the material was removed or access to it was blocked because of claimed copyright infringement. The User has a right to send us a counter- notice challenging our removal of the User’s material, or disabling his/her access to the website or Service as described below.

Community Internet Providers
Open Internet Transparency Policy

Last Updated: November 23, 2022

Community Internet Providers, LLC (“CIP”), “we,” “our,” or “us”) is committed to an open Internet and supports the following Net Neutrality principles:

•     Transparency
•     NO Blocking of Internet content, subject to reasonable network management as described below
•     NO Throttling of Internet content, subject to reasonable network management as described below
•     NO Unreasonable Discrimination
•     NO Paid Prioritization of Internet content
•     Freedom of Customers to access lawful content
•     Freedom of Customers to use non-harmful applications of their choice
•     Freedom of Customers to attach non-harmful personal devices

This Open Internet Policy sets forth certain information regarding the policies and practices of CIP and how we manage our network for broadband internet access service (the “CIP Network”).  This Open Internet Policy is a supplement to and is incorporated by reference in our Terms of Service (“TOS”) (available at: http://getcip.com/legal-policies#TOS), and in the event of any inconsistency between this Open Internet Policy and the TOS, this Open Internet Policy shall control.  

CIP’s broadband access service is a fixed wireless service (“Service”).  Generally, given the nature of fixed wireless services, certain circumstances may affect the speed and quality of the Service, including but not limited to foliage, line-of-sight obstructions, the distance between a Customer’s premises and the transmission point, as well as the Customer’s connection of multiple devices to the CIP Network.  Although we have engineered the CIP Network to provide consistent high-speed data services, some network management for these scenarios is required, because very heavy data usage by even a few customers at times and places of competing network demands can affect the performance of all Customers.

I.    NETWORK MANAGEMENT PRACTICES

a.    Blocking:  Other than reasonable network management practices disclosed below, we do not block or otherwise prevent a Customer from lawful content. 

b.    Throttling:  Other than reasonable network management practices disclosed below, we do not throttle or otherwise degrade or impair access to lawful Internet traffic on the basis of content, application, service, user, or use of a non-harmful device.

c.    Affiliated Prioritization: We do not directly or indirectly favor some traffic over other traffic, including through use of prioritization, or resource reservation, to benefit any of our affiliates, defined as an entity that controls, is controlled by, or is under common control with CIP.

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

e.    Congestion Management: Our Service is provided on a “best efforts” basis and our congestion management practices are in place to ensure that all Customers experience as high quality a service under varying usage periods.  Our typical frequency of congestion is estimated at less than one percent.  In a manner consistent with our TOS and Privacy Policy, we may monitor network traffic to ensure capacity is sufficient to maintain an efficient network load, to perform diagnostics and to otherwise manage and enhance the CIP Network.  To help manage traffic on the CIP Network, during times of high demand, we may allocate available bandwidth among Customers on an equal basis, by account level.  In addition, we may prioritize certain applications, such as public safety and voice, over other traffic types.

i.    We may also use specific traffic shaping software in order to optimize the customer’s internet experience. 

ii.    We may also conduct deep packet inspection (“DPI”), which is a type of filtering that will examine the data and/or header part of Internet traffic for viruses, spam, intrusions, or protocol non-compliance that may harm the CIP Network; to determine the routing of Internet traffic; for internal statistical and performance purposes; for lawful intercept capabilities, and/or enforcement of our TOS.  We do not use DPI to conduct data mining for targeted marketing or advertising, or anti-competitive purposes.

iii.    If we determine, in our sole and reasonable discretion, that the manner in which a Customer is using the Service negatively impacts other Customers or the CIP Network, we reserve the right to apply additional congestion management techniques, including and up to termination of service. 

f.    Application-Specific Behavior: Subject to the qualification that CIP may reasonably limit or rate-control specific or classes of applications, or other specific protocols or protocol ports as set forth below, CIP generally treats all lawful applications identically.  However, we reserve the right to block or limit access to any applications, ports or protocols that we determine, in our sole and reasonable discretion, may expose the CIP Network to potential legal liability, harm the CIP Network or otherwise interfere with or impair the experience of other Customers on the CIP Network.  The CIP Network may also not support certain high-bandwidth video and voice applications, or peer-to-peer applications that carry unlawful or harmful content/software.

g.    Device Attachment Rules:  Generally, you do not need approval to connect a third-party device to the CIP Network. CIP does not limit the types of devices that can be connected to the CIP Network, provided they are used for lawful purposes and do not harm the CIP Network, violate our TOS, or harm other users of the Network.  However, if we determine, in our sole and reasonable discretion, that the connection of a particular type of device to the CIP Network negatively impacts other users or the CIP Network, or may expose us to potential legal liability, we reserve the right to limit or restrict Customers’ ability to connect such type of device to the CIP Network.  CIP does not provide technical support services or assist in the installation or configuration of third-party devices. 

h.    Security: We have taken reasonable physical, technical and administrative safeguards to protect the integrity and operations of the CIP Network.  We monitor the CIP Network for security threats and may prohibit certain activity on the CIP Network that we may deem, in our sole and reasonable discretion, poses a potential risk to the CIP Network or to other Customers.  Triggering conditions include but are not limited to denial-of-service activity, IP address or port scanning, excessive account login failures; or certain Internet addresses that are disruptive, malicious and typically persistent.  If we notice excessive Customer connections, including but not limited to Wi-Fi connections, that are harmful or are commonly used to disrupt the normal use of the CIP Network or use by other Customers, we will attempt to notify the Customer to work collaboratively to remedy the issue to the extent possible; however, we reserve the right as a reasonable security practice, without advance notice, to block any Customer traffic, ports, protocols, devices, or applications (such as peer-to-peer applications that may carry malicious software or are known to be problematic) that we determine, in our sole and reasonable discretion, may cause harm to the CIP Network or to other Customers, or may expose us to potential legal liability.

 
II.    PERFORMANCE CHARACTERISTICS AND COMMERCIAL TERMS
Specific Service fees and rates for an individual Customer is set forth in the Customer’s Confirmation of Sale (“COS”).  Various information is also publicized on the CIP Website.

a.    Service Description and Pricing: Links to a current description of the categories of Internet access service offered to residential and business Customers are available here, including pricing, expected and actual access speed and latency, and the suitability of the service for real-time applications:

RESIDENTIAL/BUSINESS

i.    Internet Plans, details available at https://getcip.com/internet

ii.    Fiber Internet Plans, details available at https://getcip.com/fiber

iii.    Community Connect Plans, details available at https://getcip.com/

iv.    VOIP Phone Plans, details available at http://getcip.com/phone

b.    Impact of Non-Broadband Internet Access Service Data Services (also known as “Specialized Services”): We do not offer data-related Specialized Services to Customers that will affect the last-mile capacity available for, and the performance of, our broadband Internet access Service offering. However, there may be a temporary slowing of Internet speed when using any of CIP’s broadband and VoIP services at the same time.

c.    Various Fees. We will assess the following fees for our Service, where applicable. Please see our TOS for pricing details.

i.    Wireless Installation Fee:  $199.95

ii.    Fiber Installment Fee: $499.95

iii.    Re-Installment Fee: $99.95

iv.    Wall Drop: $50.00

v.    Telescoping Pole: $169.95

vi.   Late Fee: $15.00

vii.   Access Fee: 3% of monthly Service Subscription Fee

viii.  Equipment Lifecycle and Recovery Fee: 8.25% of any portion of Service Subscription Fee that exceeds $25.00

ix.    Reconnection Fee for Terminated Service Due to Non-Payment: $25.00

x.     ACH Overdrawn Check Fee: $30.00

d.    Network Speeds: CIP offers a standard range of download speeds to residential and business Subscribers varying from 15 Mbps to 30 Mbps.  The CIP Network is designed to support these speeds to help ensure that every Customer receives the speeds to which they have subscribed.  CIP however cannot guarantee speeds at all times, as there are many factors and conditions beyond CIP’s control that can affect Internet performance.  Some of these external factors and conditions are:

i.    Performance of Subscriber computer and/or router

ii.    Type of connection to Subscriber’s own equipment (i.e., Wi-Fi)

iii.    Congestion of websites and services on Internet

iv.    Website or service limiting speeds on the Internet

v.    Internet and equipment performance outside of the CIP Network

          The CIP Services are advertised as “up to” certain speeds reflecting performance under ideal conditions.  Without purchasing an expensive “dedicated” Internet connection, no Internet Service Provider can guarantee package speeds at all times.

e.    Acceptable Use:  As set forth in the TOS, all of CIP’s service offerings are subject to the Acceptable Use Policy (“AUP”) section of the Service Agreements, which we may from time to time establish or revise.  The AUP is available here: http://getcip.com/legal-policies#AUP

f.    Privacy Policy: CIP’s current Privacy Policy is available here: http://getcip.com/legal-policies#PrivacyPolicy

g.    Redress Options: CIP endeavors to respond to all Customer concerns and complaints in a timely and fair manner.  We encourage Customers to contact us at 903-873-3122, or info@getcip.com or U.S. postal mail to discuss any complaints or concerns as they arise.  Our postal address is 203 N. 5th Street, Wills Point, TX 75169

h.    Disputes and Arbitration: The Terms of Service requires the use of arbitration to resolve disputes and otherwise limits the remedies available to Customers in the event of a dispute.

III.    FCC REQUIREMENTS AND COMPLAINT PROCESS

The Federal Communications Commission (“FCC”) has adopted rules to preserve the Internet as an open platform (“Rules”).  Information regarding these Rules is available on the FCC’s website at: https://www.fcc.gov/restoring-internet-freedom  

If a Customer believes that we are not in compliance with the FCC’s rules, the Customer may file an informal complaint with the FCC.  The FCC urges Customers to submit any complaints via its website at the following address: https://consumercomplaints.fcc.gov/hc/en-us.


IV.    ADDITIONAL DISCLAIMERS

This Open Internet Policy does not affect, alter or otherwise supersede the legal status of cooperative efforts by CIP that are designed to curtail copyright or trademark infringement in response to information provided by rights holders in a manner that is timely, effective, and accommodates the legitimate interests of the company, rights holders, our Customers and other end users.  Furthermore, this Open Internet Policy does not prohibit us from making reasonable efforts to address the transfer of unlawful content or unlawful transfers of content.  For additional information, please review the Service Agreement and Privacy Policy.

COMMUNITY INTERNET PROVIDERS
ACCEPTABLE USE POLICY

Last Updated Date: November 23, 2022

          All Customers must comply with the policies and terms of this Acceptable Use Policy (the “AUP” or “Policy”).  This Policy, including its use and behavior restrictions, is in addition to the restrictions contained in the Community Internet Provider’s Master Services Agreement (“MSA”) and has been incorporated by reference into the MSA.  Any capitalized terms used herein shall have the same meaning as defined in the MSA.

         Customer understands, acknowledges and agrees that Community Internet Providers (“CIP”) reserves the right to immediately suspend or terminate any Service without prior notice for Customer’s failure to comply with any portion of this Policy or the MSA.  (Please see the MSA for details on the suspension and termination policy.)  Any violation of this Policy and Service Agreement may also lead to prosecution under local, state and/or federal law.

I.    “Acceptable use” is hereby defined as the normal activities associated with the Customer’s use of CIP’s Services, including without limitation, usage of the CIP Network and any other facilities for accessing the World Wide Web, Internet Relay Chat, USENET Newsgroups, Email, and other Internet-related features.  Customer’s acceptable use of the Services will depend on whether Customer’s Services are designated as residential or commercial.

a.    Residential designation includes all Services designated primarily for personal, family and household use within a single home.  Customer shall not use, or allow others to use the Services to operate any type of business or commercial enterprise as a primary purpose or for long-term.

b.    Commercial designation includes all Services designed for use by a business, governmental, or institutional entity, or by an individual to provide goods or services for sale or lease or operating a commercial enterprise.  

c.    Customer shall not advertise that the Service is available for use by third parties or unauthorized users.  Customer shall not resell or redistribute, or allow others to resell or redistribute, access to the Service in any manner, including, but not limited to, wireless technology.

II.    “General Prohibited Activities for All Services” include without limitation the following, whether any such use or behavior is conducted negligently, recklessly, knowingly, or intentionally:

a.    Misusing the Services, regardless of whether the inappropriate or unlawful use or activity was committed by an invitee, licensee, agent, servant, guest, patron, visitor, employee or any other person who gains access to the Services.  Therefore, Customer is responsible to take steps to ensure that others do not gain unauthorized access to the Services, for instance by strictly maintaining the confidentiality of Customer’s passwords or by appropriately protecting the use of Customer’s computer, network or any wireless devices. Customer is solely responsible for the security of any device Customer choose to connect to the Services, including any data stored on that device.

b.    Using Services to distribute or receive content that is illegal, threatening, abusive, harassing, defamatory, libelous, tortious, malicious, indecent, obscene, deceptive, fraudulent, invasive of another’s privacy or other rights, or otherwise objectionable in CIP’s sole discretion.

c.    Using Services in connection with commercial surveys, pyramid schemes, chain letters, junk email, spamming, or any duplicative or unsolicited messages (commercial or otherwise) not in compliance with the federal CAN-SPAM Act or the Telephone Consumer Protection Act (“TCPA”) and applicable state laws.

d.    Advertising, soliciting, selling or buying, or attempting to buy and sell any goods for any non-personal or non-household purposes if using residential Services.

e.    Harvesting or otherwise collecting information about others, including email addresses, telephone numbers, or other Personal Information without consent.

f.    Creating a false identity for the purpose of, others as to the identity of the sender or the origin of a message or call, website or mobile application (“App”).

g.    Transmitting or uploading any material that contains viruses, Trojan horses, worms, time bombs, cancel bots, or any other harmful or deleterious programs or software or other material protected by intellectual property laws, rights of privacy or publicity or any other Applicable Law unless Customer owns or controls the rights thereto or have received all necessary authorizations.

h.    Interfering with or disrupting networks connected to the Services or violate the regulations, policies or procedures of such networks.

i.    Attempting to gain unauthorized access to the Services, other accounts, computer systems, devices, or networks connected to the Services, through password mining or any other means.

j.    Hosting any type of harmful publicly accessible file sharing, gaming, or email server including, but not limited to HTTP, FTP, SMTP, POP3, and Peer-to-Peer that could interfere with the technical operations of the CIP Network, or could interfere with another Customer or user’s use and enjoyment of the Services.

k.    Using the Services or taking any action, directly or indirectly, that will result in excessive consumption or utilization of the Services or CIP Network resources, or which may weaken network performance, as determined in CIP’s sole discretion, such as (a) using the Service to host a web server site which attracts excessive traffic at Customer’s location; (b) continuously uploading or downloading streaming video or audio, USENET hosting, or continuous FTP uploading or downloading; (c) continued use of programs or commands which take a large amount of system resources, be that processor time, memory, network bandwidth, and/or drive space on the host system; (d) or allowing access to the Service beyond the confines of your household or primary dwelling.  These activities can hamper the delivery of or disrupt the technical performance of the Services to all Customers.

III.    “Prohibited Internet Service Activities” specifically include without limitation the following, whether any such use or behavior is conducted negligently, recklessly, knowingly, or intentionally:

a.    Using background and/or server-type applications, including without limitation IRC bots, HTTP servers, MUDs, and any other harmful process which were initiated by the Customer that continues execution on the system upon Customer logout.  FCC authorized smart home systems and IoT devices are excluded from this prohibition.

b.    Storing files on the CIP Network that are not used regularly for extended periods of time, including without limitation, Customer Material.  FCC authorized smart home systems and IoT devices are excluded from this prohibition.  Customer should use cloud-based storage programs such as One Drive or iCloud to store any Customer Material.

c.    Flooding or abusing other Customers or users, including without limitation, ICMP flooding, mail bombing (sending large amounts of email repeatedly to a person for purposes of harassment), phishing, mass mailings to multiple addresses via bulk email not in compliance with the federal CAN-SPAM Act and Telephone Consumer Protection Act, MSG/CTCP flooding on IRC, as well as other, less common methods.  “Bulk Email” is defined as the same or similar email messages sent to more than twenty-five (25) recipients.

d.    Using programs such as packet sniffers, password crack programs, or similar utilities or applications to access CIP Network or systems.

e.    Sharing Services with another person to avoid payment of a second or upgraded Service.  Customer may connect multiple computers/devices within a single location to Customer’s modem, router, and/or radio to access the Internet Service, but only through a single CIP-issued IP address.

f.    Using flood pinging, broadcast pinging, multicast, or IGMP use outside of the private network.

g.    Using any application, software, or technique to scan any host’s ports.

h.    Abusing email, including without limitation, sending unsolicited messages not in compliance with the CAN-SPAM Act or TCPA, sending harassing and/or threatening messages, and forging of email addresses to make the email appear to be from another person.

i.    Abusing USENET services or social network platforms, including without limitation, forging of addresses, harassment/threats, posting of the same message to multiple newsgroups (spamming), as well as the posting of information in newsgroups or platforms where it is not relevant and unwanted.

j.    Using or promoting pyramid/money-making schemes, including without limitation, the transfer of information or solicitation of persons to extort money or other valuables.

k.    Using pirated software to avoid the purchase of any software such as Adobe Photoshop, Microsoft Office, etc. and exporting software or technical information in violation of U.S. export control laws.

l.    Copying, streaming, broadcasting, posting or any distribution of copyrighted material or software without the authorization of the copyright owner, including without limitation, the digitization and distribution of photographs or other content from magazines, books, or other copyrighted sources.

IV.    “Prohibited VoIP Activities” include without limitation the following:

a.    Creating a false Caller ID identity (“ID Spoofing”) or false email/SMS address or header, or otherwise attempting to mislead others as to the identity of the sender or the origin of any communication made using the Services.

b.    Auto-dialing or “predictive” dialing (i.e., non-manual dialing or using a software program or other means to continuously dial or place out-bound calls).

c.    Sending pre-recorded or artificial voice calls (also known as “Robocalls”) for any reason without the prior express consent of the recipient.

d.    Trunking or forwarding Customer’s CIP VoIP number to another phone number(s) capable of handling multiple simultaneous calls, or to a private branch exchange (PBX) or a key system.

e.    Using or hosting bulk call-in lines (e.g., customer support or sales call centers, “hotlines,” 900 numbers, sports-line numbers, etc.) for Residential and Commercial Services.

          Customer understands, acknowledges and agrees that the unlawful, inappropriate and/or prohibited use and content transmitted through the CIP Services could subject Customer to criminal as well as civil liability, in addition to any actions or penalties as provided in the MSA.  
               

The Affordable Connectivity Program

The Affordable Connectivity Program is a federal government benefit program, operated by the Federal Communications Commission, that lowers the price of eligible service up to $30/mo., or up to $75/mo. on qualifying Tribal Lands. The benefit is not transferable to other subscribers. Only eligible subscribers may enroll in the program. Only one benefit is allowed per household and the benefit may only be applied to one service, regardless of service provider. If the program ends, you transfer your benefit to another service provider, or you are no longer eligible for the program, regular CIP plan rates will apply. CIP reserves the right to remove the monthly benefit at any time.

Eligibility To determine your eligibility, you must apply with the federal government ACP Administrator at www.getinternet.gov/. To qualify, you must show the ACP Administrator, with documentation as needed, that your household income is at or below 200% of Federal Poverty Guidelines for a household of that size; or that at least one member of the household participates in a qualifying federal assistance program (Lifeline, Medicaid, Supplemental Nutrition Assistance Program, Supplemental Security Income, Federal Public Housing Assistance, The Special Supplemental Nutrition Program for Women, Infants, and Children (WIC), or Veterans and Survivors Pension Benefit); or receives benefits under a certain federal free and reduced price lunch program or school breakfast program, or is enrolled in a school or school district that participates in the Community Eligibility Provision (“CEP”); or received a Federal Pell Grant in the current award year; or, if on Tribal Lands, participates in certain Tribal-specific federal assistance programs. See www.getinternet.gov/ for details.  After you are approved for the ACP, call our Call Center (903-873-3122) to complete your enrollment with CIP.