Your privacy is very important to us. Please read this policy carefully.
Anyone may visit our web site without revealing any personal information ("Visitor"). Visitors may freely utilize the public areas of our web site without providing any information to TCIS. Should a Visitor choose to sign up for Services via our web site, all personal information collected during the sign up process will be passed to TCIS staff securely via SSL encryption.
TCIS maintains web server traffic logs. Web server logs provide such information as what types of browsers are accessing our site, what pages receive high traffic, and how people are being referred to our site. We do not use this information to personally identify you.
TCIS collects basic information such as first and last name, physical address, phone numbers, username/password choices, and payment information from all Customers at time of service activation. Payment information may include credit card information or bank account routing information. WE DO NOT RECOMMEND that new Customers submit this information via unsecured E-mail, rather, we ask that the information be submitted either via telephone or securely on our web site via the appropriate form.
The primary use of the information we collect is to provide the Customer with the requested Services. We may also use the information to:
- Make the TCIS web site easier for you to use by not having to enter information more than once.
- Help us customize content on our web site most relevant to you.
- Notify you or other members of your household, business, or organization about important news concerning TCIS, including new products and services, product updates and technical support issues, and special offers we think you may be interested in.
We may share some of the information you provide with other TCIS entities and/or business partners who are acting on our behalf. Any communication from such sources will clearly identify themselves as TCIS entities/partners.How We Do Not Use this Information
TCIS WILL NOT SELL, RENT OR LEASE YOUR PRIVATE INFORMATION TO OTHERS.
This includes but is not limited to your E-mail address information. We have strict anti-spam policies, and we protect our Customers from unwanted solicitations by keeping your contact information private. We also encourage the use of anti-spyware technology such as AdAware to remove unwanted monitoring of your online activities by third-party programs.
TCIS is concerned about the security of your information. To prevent unauthorized access or disclosure, maintain data integrity, and ensure the appropriate use of information, we have put in place reasonable physical, electronic, and managerial procedures to safeguard and secure the information we collect. We use 128-bit SSL encryption technology when collecting or transferring sensitive data such as credit card information online.External Links
Links to third-party web sites from the TCIS web site are provided solely as a convenience to you. If you use these links, you will leave the TCIS site. We have not reviewed these third-party sites and do not control them. TCIS does not assume responsibility for any of these sites, their content, or their privacy policies. TCIS does not endorse or make any representations about them or any information, software or other products or materials found there, or any results that may be obtained from using them. If you decide to access any of the third-party sites linked to the TCIS site, you do so at your own risk.Public Forums
Please remember that any information you may disclose on USENET Newsgroups, web site message boards, or chat rooms becomes public information. You should exercise caution when deciding to disclose personal information in these public areas.Consent
TCIS may use and share the information you provided to us in ways related to those described above. We reserve the right to disclose any and all pertinent customer information to law enforcement or other government officials as we, in our sole discretion, believe necessary or appropriate.Your Acceptance
Please direct comments or questions about our website to email@example.com
User Agreement (Terms of Service)1. Introduction
This document serves as an agreement between TulsaConnect Internet Services ("TCIS") and all direct or indirect users ("Customer") of TulsaConnect's Internet services ("Service" or "Services"). TCIS may make changes to this agreement from time to time, so please check back often.2. Acceptance
Unless otherwise agreed to in writing by TCIS, your use of Service signifies acceptance of and agreement to be bound by this agreement. You may not use Service unless you agree to be bound by the Terms and Conditions that follow.3. Services Provided
- TCIS provides certain Services, including but not limited to Dial-Up, ISDN, DSL, Dedicated line, Web Hosting, and Collocation. We provide these Services to the best of our ability, but make no warranties or claims to the suitability of the Service to the Customer's requirements.
- The Services are provided on an "as is" and "as available" basis. TCIS does not warrant that the Services will be uninterrupted, error-free, or free of viruses or other harmful components. TCIS reserves the right to refuse service to Customer for any reason.
- There is no Service Level Agreement (SLA) regarding Service unless provided to Customer as part of a written Agreement. Customer acknowledges that access performance is influenced greatly by many factors outside of TCIS's influence including but not limited to poor public switched telephone network (PSTN) service, slow response times from telephone carriers, and Internet transit through third party networks.
- Customers must provide TCIS with accurate billing information, including legal name, address, telephone number, and credit card/debit card information. It is the Customer's responsibility to notify TCIS of any changes to this information.
- Charges for Service are billed monthly, quarterly, or yearly depending on Customer preference. Customers may pay these charges via credit card, debit card, electronic funds transfer, certified check, cashier's check, bank draft, or check. TCIS is not responsible for any charges or expenses (e.g. for overdrawn accounts, exceeding credit card limits, banking fees or charges, etc) resulting from charges billed by TCIS.
- Services paid for via credit card, check, or direct transfer method will be charged on the Service Activation Anniversary Date. For example, Customers that activated Service on the 1st of the month that pay monthly will be charged on the 1st of each month. Customers that activated Service on the 15th of the month that pay monthly will be charged on the 15th of each month. All customer Invoices will reflect all payment terms and conditions.
- Delinquent accounts are subject to suspension or termination at TCIS's sole discretion. Suspension or termination of Service by TCIS in accordance with these Terms and Conditions shall not relieve Customer from the financial obligations created by use of Service.
Customer may cancel Service at any time and for any reason by providing notice of intent to cancel to TCIS by:
- Telephone calls directed to our Billing Department at 918-584-1100, Option 4
- Postal mail addressed to:
TulsaConnect Internet Services
ATTN: Billing Department
110 W. 7th St, Suite 302
Tulsa, OK 74119
- Fax directed to 918-582-5776
- E-Mail directed to firstname.lastname@example.org
Upon acceptance of cancellation a cancellation number will be issued to Customer by TCIS.Your cancellation is not valid until you have a cancellation number.
In the case of month-to-month service, you will be required to pay for the 30 day service period in which your cancellation was accepted. Unpaid balances accrued prior to your cancellation will still apply after you receive a cancellation number. No refunds will be given. Customers under term contract will be held to the Termination section of the Services Agreement to which they have agreed. TCIS reserves the right to terminate month-to-month service at any time for any reason.7. Limitation of Liability
THE SERVICES ARE PROVIDED ON AN AS IS AND AS AVAILABLE BASIS. TCIS DOES NOT WARRANT THAT THE SERVICES WILL BE UNINTERRUPTED, ERROR-FREE, OR FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. TCIS MAKES NO EXPRESS WARRANTIES AND WAIVES ALL IMPLIED WARRANTIES. NO ADVICE OR INFORMATION GIVEN BY TCIS OR ITS REPRESENTATIVES SHALL CREATE A WARRANTY. TCIS AND ITS EMPLOYEES ARE NOT LIABLE FOR ANY COSTS OR DAMAGES ARISING DIRECTLY OR INDIRECTLY FROM YOUR USE OF THE SERVICES OR THE INTERNET. TCIS'S CUMULATIVE LIABILITY TO ANY CUSTOMER FOR ANY AND ALL CLAIMS RELATING TO THE USE OF THE SERVICES SHALL NOT EXCEED THE TOTAL AMOUNT OF SERVICE FEES PAID BY THE CUSTOMER TO TCIS FOR ONE MONTH OF SERVICE.
Use of Service is governed by and subject to the laws of the State of Oklahoma. Any lawsuit regarding these Terms and Conditions must be filed in the courts of Tulsa County, Oklahoma.
Acceptable Use Policy1. Introduction
TCIS supports the unregulated, free flow of information over the Internet and does not actively monitor use of the Services. Any content hosted on TCIS servers, such as personal website files, commercial websites, and any content hosted on servers within the TCIS Data Center must comply with local, state, and federal laws. We may remove or ask Customer to remove any materials that, in our sole discretion, may be illegal, may subject us to liability, or which otherwise may violate this agreement.2. Acceptable Use Policy
- Illegal Activity - Customer may not use the Service to transmit any material that, intentionally or unintentionally, violates any applicable local, state, national or international law.
- Fraudulent Activity - Customer may not use the Service to commit fraudulent transactions. This includes forgery of signatures, online identity, or "identity theft". This does not include providing misleading E-mail addresses in Newsgroup, Chat Rooms, and other Internet areas to protect your own identity and/or avoid spam collectors.
- Harm to minors - Customer may not use the Services to harm, or attempt to harm, minors in any way.
- Harassment and Threats - Customer may not use the Service to harass or threaten another.
- Unauthorized access or "cracking" - Customer may not use the Service to access, or to attempt to access, the private information of others, or to penetrate, or attempt to penetrate, security measures of TCIS's or another entity's computer software or hardware systems, whether or not the intrusion results in the successful access of unauthorized data. This includes unauthorized "port scanning" of TCIS's or another entity's systems.
- Unsolicited Commercial E-mail / Spam - Customer may not use the Service to transmit any Unsolicited Commercial E-mail (UCE) aka "Spam", regardless of number of messages sent or message content. UCE/Spam is defined as any commercial solicitation sent via E-mail by Customer to another party that did not expressly ask to receive it ("opt-in"). Customers that have purchased "opt-in" lists of E-mail addresses are required to contact TCIS before Customer sends E-mail to the lists.
- Internet Servers - Internet Servers are defined as any software or hardware designed to serve content to others on the Internet, usually (but not always) requiring the use of a fixed, or "static" IP address. This includes Web, E-mail, DNS, News, and Gaming Server software.
- Residential Customers - Residential Customers may run Internet Servers as long as they are utilized for personal use only and are not used to run, support, or otherwise promote business products or services. TCIS, at its sole discretion, will determine what constitutes personal vs. business use.
- Business Customers - Business Customers may run Internet Servers as long as the account type chosen allows for this service.
- Reselling - Customer may not use the Service to provide Internet access or transit services to third parties for resale or otherwise unless appropriate Reseller account is purchased and agreed to in writing by TCIS. This condition shall not prevent Customer from providing Web, Application or E-mail hosting services over Dedicated Access lines (i.e., Dedicated Dial-Up, ISDN, DSL, T1) or via Customer Collocation or Dedicated Server that is located in the TCIS Data Center.
- Usenet/Message Board/Chat Room Use - Customer may not use the Service to post material to a Newsgroup, Message Board, or Chat Room that violates the charter, or rules, of the Newsgroup, Message Board, or Chat Room. Multiposting and cross posting to more than 10 Newsgroups is prohibited.
- Malicious Activity - Customer may not use the Service for any activity that adversely affects the ability of others to use the Internet. This includes "denial of service" (DoS) attacks against another network host or individual user. Interference with or disruption of other network users, network services or network equipment is prohibited.
- Security - It is the Customer's responsibility to ensure that their network devices or computers are configured in a secure manner. Customer may not, through action or inaction, allow others to use their computers or network devices for illegal or inappropriate activity. Necessary steps to prevent this activity includes securing proxy servers to prevent "bounce" attacks, changing the "default" passwords on all Internet-accessible network devices such as DSL routers, and staying current with all appropriate software patches, firmware upgrades, etc necessary to operate on the Internet securely.
Domain Name Registration Agreement
- IN THIS REGISTRATION AGREEMENT ("Agreement"), “Registrant”, "you" and "your" refers to the Registrant of each domain name registration, "we", “us" and "our" refers to Tucows.com Co., and “Services” refers to the domain name registration services provided by us as offered through TulsaConnect, LLC, the Registration Service Provider (“Reseller”). Any reference to a “registry,” “Registry” or “Registry Operator” shall refer to the registry administrator of the applicable TLD or ccTLD. This Agreement explains our obligations to you, and explains your obligations to us for the Services. By agreeing to the terms and conditions set forth in this Agreement, you are also agreeing to be bound by the rules and regulations set forth by a registry for that particular registry only.
- SELECTION OF A DOMAIN NAME. You acknowledge and agree that we cannot guarantee that you will obtain a desired domain name registration, even if an inquiry indicates that a domain name is available at the time of your application for same. You represent that, to the best of the your knowledge and belief, neither the registration of the domain name nor the manner in which it is directly or indirectly to be used, infringes upon the legal rights of a third party and further, that the domain name is not being registered for nor shall it at any time whatsoever be used for any unlawful purpose. During the period following registration of a domain name and the appointment of active name servers, we may post a stagnant web page and any revenues generated from same shall be for our own account.
- FEES. As consideration for the Services, you agree to pay Reseller the applicable service(s) fees prior to the effectiveness of a desired domain name registration or any renewal thereof. All fees payable hereunder are non-refundable even if your domain name registration is suspended, cancelled or transferred prior to the end of your current registration term. As further consideration for the Services, you agree to: (1) provide certain current, complete and accurate information about you as required by the registration process, and (2) maintain and update this information as needed to keep it current, complete and accurate. All such information shall be referred to as account information ("Account Information"). You represent that the Account Information and all other statements put forth in your application are true, complete and accurate. Both Tucows and each registry reserves the right to terminate your domain name registration if: (i) information provided by you or your agent is false, inaccurate, incomplete, unreliable, misleading or otherwise secretive; or (ii) you have failed to maintain, update and keep your Account Information true, current, complete, accurate and reliable. You acknowledge that a breach of this Section 3 will constitute a material breach of our Agreement, which will entitle either us or a registry to terminate this Agreement immediately upon such breach without any refund and without notice to you.
- TERM. This Agreement will remain in effect during the term of your domain name registration as selected, recorded and paid for at the time of registration or any renewal thereof. Should the domain name be transferred to another registrar, the terms and conditions of this Agreement shall cease.
- MODIFICATIONS TO AGREEMENT. You acknowledge that the practice of registering and administering domain names is constantly evolving; therefore, you agree that Tucows may modify this Agreement, or any other related and/or applicable agreement, as is necessary to comply with its agreements with ICANN, a registry or any other entity or individual, as well as to adjust to changing circumstances. All amendments to this Agreement will be posted on our website. Your continued use of the domain name registered to you will constitute your acceptance of this Agreement with any revisions. If you do not agree to any change, you may request that your domain name registration be cancelled or transferred to a different accredited registrar. You agree that such cancellation or request for transfer will be your exclusive remedy if you do not wish to abide by any change to this Agreement, or any other related and/or applicable agreement.
- MODIFICATIONS TO YOUR ACCOUNT. In order to change any of your account information with us, you must use the Account Identifier and Password that you selected when you opened your account with us. You agree to safeguard your Account Identifier and Password from any unauthorized use. In no event shall we be liable for the unauthorized use or misuse of your Account Identifier or Password.
- NO GUARANTY. You acknowledge that registration or reservation of your chosen domain name does not confer immunity from objection to the registration, reservation or use of the domain name.
- DOMAIN NAME DISPUTES. You agree that, if the registration or reservation of your domain name is challenged by a third party, you will be subject to the provisions specified in the dispute policy adopted by the applicable registry. You agree that in the event a domain name dispute arises with any third party, you will indemnify and hold us harmless pursuant to the terms and conditions contained in the applicable policy. If Tucows is notified that a complaint has been filed with a judicial or administrative body regarding your domain name, Tucows may, at its sole discretion, suspend your ability to use your domain name or to make modifications to your registration records until (i) Tucows is directed to do so by the judicial or administrative body, or (ii) Tucows receives notification by you and the other party contesting your domain that the dispute has been settled. Furthermore, you agree that if you are subject to litigation regarding your registration or use of your domain name, Tucows may deposit control of your registration record into the registry of the judicial body by supplying a party with a registrar certificate from us.
- POLICY. You agree that your registration of the domain name shall be subject to suspension, cancellation, or transfer pursuant to a Tucows, registry, ICANN or government-adopted policy, or pursuant to any registrar or registry procedure not inconsistent with a Tucows, registry, ICANN or government-adopted policy, (1) to correct mistakes by us or a registry in registering the name or (2) for the resolution of disputes concerning the domain name.
- AGENCY. Should you intend to license use of a domain name to a third party you shall nonetheless be the domain name holder of record and are therefore responsible for providing your own full contact information and for providing and updating accurate technical and administrative contact information adequate to facilitate timely resolution of any problems that arise in connection with the domain name. You shall accept liability for harm caused by wrongful use of the domain name. You represent that you will secure the agreement of any third party to the terms and conditions in this Agreement.
- ANNOUNCEMENTS. We reserve the right to distribute information to you that is pertinent to the quality or operation of our services and those of our service partners. These announcements will be predominately informative in nature and may include notices describing changes, upgrades, new products or other information to add security or to enhance your identity on the Internet.
- LIMITATION OF LIABILITY. You agree that our entire liability, and your exclusive remedy, with respect to any Services(s) provided under this Agreement and any breach of this Agreement is solely limited to the amount you paid for the initial registration of your domain name. Tucows and its directors, employees, affiliates, subsidiaries, agents and third party providers, ICANN and the applicable registries shall not be liable for any direct, indirect, incidental, special or consequential damages resulting from the use or inability to use any of the Services or for the cost of procurement of substitute services. Because some states do not allow the exclusion or limitation of liability for consequential or incidental damages, in such states, our liability is limited to the extent permitted by law. We disclaim any and all loss or liability resulting from, but not limited to: (1) loss or liability resulting from access delays or access interruptions; (2) loss or liability resulting from data non-delivery or data mis-delivery; (3) loss or liability resulting from acts of God; (4) loss or liability resulting from the unauthorized use or misuse of your account identifier or password; (5) loss or liability resulting from errors, omissions, or misstatements in any and all information or services(s) provided under this Agreement; (6) loss or liability resulting from the interruption of your Service. You agree that we will not be liable for any loss of registration and use of your domain name, or for interruption of business, or any indirect, special, incidental, or consequential damages of any kind (including lost profits) regardless of the form of action whether in contract, tort (including negligence), or otherwise, even if we have been advised of the possibility of such damages.
- INDEMNITY. You agree to release, indemnify, and hold Tucows, its contractors, agents, employees, officers, directors and affiliates, ICANN, the applicable registries and their respective directors, officers, employees, agents and affiliates harmless from all liabilities, claims and expenses, including attorney's fees, of third parties arising out of or relating to the registration or use of the domain name registered in your name, whether used by yourself, licensed to a third party or pursuant to the Whois Privacy Service, including without limitation infringement by you or a third party with access to your Account Identifier and Password. You also agree to release, indemnify and hold us harmless pursuant to the terms and conditions contained in the applicable Dispute Policy. When we are threatened with suit by a third party, we may seek written assurances from you concerning your promise to indemnify us; your failure to provide those assurances may be considered by us to be a breach of your Agreement and may result in the suspension or cancellation of your domain name. This indemnification obligation will survive the termination or expiration of this Agreement.
- TRANSFER OF OWNERSHIP. The person named as Registrant on the Whois shall be the registered name holder. The person named as administrative contact at the time the controlling account identifier and password are secured shall be deemed the designate of the Registrant with the authority to manage the domain name. You agree that prior to transferring ownership of your domain name to another person (the “Transferee") you shall require the Transferee to agree, in writing to be bound by all the terms and conditions of this Agreement. If the Transferee fails to be bound in a reasonable fashion (as determine by us in our sole discretion) to the terms and conditions in this Agreement, any such transfer will be null and void.
- RENEWALS AND FORFEITURE. Domain names are registered for a finite period of time. You will receive reminders immediately prior to the expiration of your registration inviting you to renew your domain name. In the event that you fail to renew your domain name in a timely fashion, your registration will expire and we may, at our discretion, elect to assume the registration and may hold it for our own account, delete it or we may sell it to a third party. You acknowledge and agree that your right and interest in a domain name ceases upon its expiration and that any expired domain name may be made available for registration by a third party.
If you fail to renew your registration, your domain name may cease to resolve and visitors to your site may be redirected to a default page informing them that the site is no longer in service. This parked or default page may feature advertisements posted by us for our own account.
If we have elected to renew the registration, you will be entitled to a grace period during which you may re-register the domain name from us. Additional costs may apply. During this grace period, we may post a parked page and/or may revise the “Whois” registration records to include either our information or that of your Reseller. The domain name may also be listed for auction. If the name is sold during any such auction, it will be acquired by a third party on a provisional basis and will remain available for re-registration by you during our stated grace period. If you do not re-register the domain name during the grace period, the auction sale will be concluded.
If you fail to renew your domain name registration during the grace period, you acknowledge that you have abandoned the domain name and that it is available for sale and registration by any third party.
- BREACH. You agree that failure to abide by any provision of this Agreement, any operating rule or policy or the Dispute Policy provided by us, may be considered by us to be a material breach and that we may provide a written notice, describing the breach, to you. If within thirty (30) calendar days of the date of such notice, you fail to provide evidence, which is reasonably satisfactory to us, that you have not breached your obligations under the Agreement, then we may delete the registration or reservation of your domain name. Any such breach by you shall not be deemed to be excused simply because we did not act earlier in response to that, or any other breach by you.
- DISCLAIMER OF WARRANTIES. You agree that your use of our Services is solely at your own risk. You agree that such Service(s) is provided on an "as is," "as available" basis. We expressly disclaim all warranties of any kind, whether express or implied, including but not limited to the implied warranties of merchantability, fitness for a particular purpose and non-infringement. We make no warranty that the Services will meet your requirements, or that the Service(s) will be uninterrupted, timely, secure, or error free; nor do we make any warranty as to the results that may be obtained from the use of the Service(s) or as to the accuracy or reliability of any information obtained through the Service or that defects in the Service will be corrected. You understand and agree that any material and/or data downloaded or otherwise obtained through the use of Service is done at your own discretion and risk and that you will be solely responsible for any damage to your computer system or loss of data that results from the download of such material and/or data. We make no warranty regarding any goods or services purchased or obtained through the Service or any transactions entered into through the Service. No advice or information, whether oral or written, obtained by you from us or through the Service shall create any warranty not expressly made herein.
- INFORMATION. As part of the registration process, you are required to provide us certain information and to update us promptly as such information changes such that our records are current, complete and accurate. You are obliged to provide us the following information:
|(a)||your name and postal address (or, if different, that of the domain name holder);|
|(b)||the domain name being registered;|
|(c)||the name, postal address, e-mail address, and voice and fax (if available) telephone numbers of the administrative contact for the domain name;|
|(d)||the name, postal address, e-mail address, and voice and fax (if available) telephone numbers of the billing contact for the domain name; and|
|(e)||the name, postal address, e-mail address, and voice and fax (if available) telephone numbers of the technical contact for the domain name.|
19. DISCLOSURE AND USE OF REGISTRATION INFORMATION. You agree and acknowledge that we will make domain name registration information you provide available to ICANN, to the registry administrators, law enforcement agencies and to other third parties as applicable. You further agree and acknowledge that we may make publicly available, or directly available to third party vendors, some or all, of the domain name registration information you provide, for purposes of inspection (such as through our Whois service) or other purposes as required or permitted by ICANN and applicable laws.
|(a)||You hereby consent to any and all such disclosures and use of, and guidelines, limits and restrictions on disclosure or use of, information provided by you in connection with the registration of a domain name (including any updates to such information), whether during or after the term of your registration of the domain name. You hereby irrevocably waive any and all claims and causes of action you may have arising from such disclosure or use of your domain name registration information by us.|
|(b)||You may access your domain name registration information in our possession to review, modify or update such information, by accessing our domain manager service, or similar service, made available by us through your Reseller.|
|(c)||We will not process or maintain data about any identified or identifiable natural person that we obtain from you in a way incompatible with the purposes and other limitations which we describe in this Agreement.|
|(d)||We will take reasonable precautions to protect the information we obtain from you from our loss, misuse, unauthorized disclosure, alteration or destruction of that information.|
20. OBLIGATION TO MAINTAIN WHOIS. Your wilful provision of inaccurate or unreliable information, your wilful failure promptly to update information provided to us, or any failure to respond to inquiries by us addressed to the email address of the registrant, the administrative, billing or technical contact appearing in the Whois directory with respect to a domain name concerning the accuracy of contact details associated with the registration shall constitute a material breach of this Agreement and be a basis for cancellation of the domain name registration. Any information collected by us concerning an identified or identifiable natural person (“Personal Data”) will be used in connection with the registration of your domain name(s) and for the purposes of this Agreement and as required or permitted by ICANN or an applicable registry policy.
21. REVOCATION. We, in our sole discretion, reserve the right to deny, cancel, suspend, transfer or modify any domain name registration to correct a mistake, protect the integrity and stability of the company and any applicable registry, to comply with any applicable laws, government rules, or requirements, requests of law enforcement, in compliance with any dispute resolution process, or to avoid any liability, civil or criminal. You agree that we shall not be liable to you for loss or damages that may result from our refusal to register or cancel, suspend, transfer or modify your domain name registration.
22. INCONSISTENCIES WITH REGISTRY POLICIES. In the event that this Agreement may be inconsistent with any term, condition, policy or procedure of an applicable registry, the term, condition, policy or procedure of the applicable registry shall prevail.
23. NON-WAIVER. Our failure to require performance by you of any provision hereof shall not affect the full right to require such performance at any time thereafter; nor shall the waiver by us of a breach of any provision hereof be taken or held to be a waiver of the provision itself.
24. NOTICES. Any notice, direction or other communication given under this Agreement shall be in writing and given by sending it via e-mail or via regular mail. In the case of e-mail, valid notice shall only have been deemed to be given when an electronic confirmation of delivery has been obtained by the sender. E-mail notification to Tucows must be sent to email@example.com. Any notice to you will be sent to the e-mail address provided by you in your Whois record. Any e-mail communication shall be deemed to have been validly and effectively given on the date of such communication, if such date is a business day and such delivery was made prior to 4:00 p.m. EST, otherwise it will be deemed to have been delivered on the next business day. In the case of regular mail notice, valid notice shall be deemed to have been validly and effectively given five (5) business days after the date of mailing Postal notices to Tucows shall be sent to:
Registrant Affairs Office
96 Mowat Avenue
Toronto, Ontario M6K 3M1
Attention: Legal Affairs
and in the case of notification to you shall be sent to the address specified in the “Administrative Contact” in your Whois record.
25. ENTIRETY. You agree that this Agreement, the applicable dispute policy and the rules and policies published by Tucows and any applicable registry or other governing authority, are the complete and exclusive agreement between you and us regarding our Services.
26. GOVERNING LAW. THIS AGREEMENT SHALL BE GOVERNED BY AND INTERPRETED AND ENFORCED IN ACCORDANCE WITH THE LAWS OF PROVINCE OF ONTARIO AND THE FEDERAL LAWS OF CANADA APPLICABLE THEREIN WITHOUT REFERENCE TO RULES GOVERNING CHOICE OF LAWS. ANY ACTION RELATING TO THIS AGREEMENT MUST BE BROUGHT IN ONTARIO AND YOU IRREVOCABLY CONSENT TO THE JURISDICTION OF SUCH COURTS.
27. INFANCY. You attest that you are of legal age to enter into this Agreement.
28. FORCE MAJEURE. You acknowledge and agree that neither we nor the applicable registry shall be responsible for any failures or delays in performing our respective obligations hereunder arising from any cause beyond our reasonable control, including but not limited to, acts of God, acts of civil or military authority, fires, wars, riots, earthquakes, storms, typhoons and floods.
30. CONTROLLING LANGUAGE. In the event that you are reading this Agreement in a language other than the English language, you acknowledge and agree that the English language version hereof shall prevail in case of inconsistency or contradiction in interpretation or translation.
31. TLD’S. The following additional provisions apply to any domain names that you register through Tucows with the various registries:
|(a)||.com/net Domains: In the case of a “.com” or “.net” registration, the following terms and conditions will apply:|
|(b)||.org Domains: In the case of a “.org” registration, the following terms and conditions will apply:|
|(c)||.info Domains: In the case of a “.info” registration, the following terms and conditions will apply:|
|(d)||.biz Domains. In the case of a “.biz” registration, the following terms and conditions will apply:|
|(e)||.name Domains. In the case of a “.name” registration, the following terms and conditions will apply:|
|(a)||.at Domains. In the case of a “.at” registration, the following terms and conditions will apply:|
|(b)||.be Domains. In the case of a “.be” registration, the following terms and conditions will apply:|
|(c)||.ca Domains. In the case of a “.ca” registration, the following terms and conditions will apply:|
|(d)||.cc Domains. In the case of a “.cc” registration, the following terms and conditions will apply:|
|(e)||.ch Domains. In the case of a “.ch” registration, the following terms and conditions shall apply:|
|(f)||.cn Domains. In the case of a “.cn” registration, the following terms and conditions shall apply:|
|(g)||.de Domains. In the case of a “.de” registration, the following terms and conditions will apply:|
|(h)||.eu domains. In the case of a “.eu” registration, the following terms and conditions will apply:|
|(i)||.fr Domains. In the case of a “.fr” registration, the following terms and conditions will apply:|
TulsaConnect Broadband Policy
BROADBAND INTERNET SERVICE DISCLOSURES
Updated September 19, 2012
Consistent with FCC regulations, TulsaConnect provides this information about our broadband Internet access services. We call these services our “High Speed Internet Service”. We welcome questions or comments about this information. You may contact us at:
110 West 7th Street
Tulsa, OK 74119
We provide High Speed Internet Service to business and residential customers. We provide the service over third-parties’ lines connecting to the Internet and third-parties’ lines connecting to end users. We also contract with one or more companies for certain network monitoring and management services. We monitor network and traffic patterns and make changes we deem necessary to manage and improve overall network performance. We use reasonable, nondiscriminatory, network management practices to improve overall network performance to ensure a high-quality online experience for all users. Our network management practices do not target any specific content, application, service, or device. As network management issues arise and as technology develops, we may employ additional or new network management practices. We will update these disclosures as necessary.
Related documents and disclosures
Use of our High Speed Internet Service is also governed by:
- User Agreement, available at http://www.tulsaconnect.com/legal.php
- Business DSL Overview, available at http://www.tulsaconnect.com/connectivity_services.php
- Acceptable Use Policy, available at http://www.tulsaconnect.com/legal.php
We describe in this section network management practices used to address congestion on our network.
We monitor our network for utilization trends. We receive regular reports showing changes in network traffic and congestion. We use this information to plan increases in bandwidth available, port additions, or additional connectivity to the Internet.
Types of traffic affected. Our congestion management practices potentially affect all network traffic, but do not target any specific content, application, service, or device.
Purposes of congestion management practices
The goal of our congestion management practices is to enable better network availability and speeds for all users. Our congestion management practices serve to:
- Help us adapt and upgrade our network to maintain or improve network performance as demand for our High Speed Internet Service increases.
- Help us adapt and upgrade our network to maintain or improve network performance as demand for higher bandwidth applications increases.
- Help us indentify potential bandwidth abusers who use substantially disproportionate amounts of bandwidth.
Congestion management criteria
Network monitoring: Our network monitoring provides data to help us plan upgrades to our equipment, technology, and connectivity to the Internet. As demand for our High Speed Internet Service increases, and as demand for higher bandwidth applications increases, we monitor effects on performance and plan upgrades.
Effects on end user experience: Periods of high network demand may result in Internet traffic congestion. End users may experience reduced bandwidth availability or speed during these times.
Typical frequency of congestion: Congestion tends to occur during periods of peak demand for higher bandwidth applications. Generally, the frequency of congestion tends to increase during weekday business hours.
This section discloses any application-specific practices we use.
- Management of specific protocols or protocol ports. To protect the security of our network and our customers, we block known hostile ports.
- Modification of protocol fields. Not applicable.
- Applications or classes of applications inhibited or favored. Not applicable.
Device Attachment Rules
This section addresses any limitations on attaching lawful devices to our network.
General restrictions. We provide our High Speed Internet Service over third-parties’ lines connecting to end users. We place no general restrictions on lawful devices that a customer may connect to the network, so long as the device is: (i) compatible with our network and the third party’s network; and (ii) does not harm our network, the third party’s network, or other users. Our High Speed Internet Service works with most types of PCs and laptops including Macs, and other Internet-compatible devices. If a wireless router is connected to our High Speed Internet Service, wireless Internet compatible devices including computers, tablets, smartphones, and other devices can connect to the network. If a customer or potential customer believes they have an unusual configuration, a customer can contact us and we will use reasonable efforts to help determine if there is a compatibility problem.
Digital Subscriber Line (DSL) equipment. To use our High Speed Internet Service delivered via DSL, a customer must have a DSL modem. The customer’s computer or other Internet-enabled device is connected to the DSL modem through a NIC for a wired connection. Some DSL modems can also transmit a Wi-Fi signal for connecting wireless devices to the network. For DSL modems that do not transmit a Wi-Fi signal, a customer can attach a wireless router to the DSL modem for connecting wireless devices. Our technicians will assist in configuring supported routers or modems over the telephone, or you may bring the equipment to our offices and we will configure it.
Network and End User Security
This section provides a general description of the practices we use to maintain security of our network.
Practices used to ensure end user security, including triggering conditions
- Hostile port blocking: We block known hostile ports to prevent unwanted files, browser hacking, and virus attacks.
- Virus and spam filtering: We filter email traffic for virus activity and spam using industry standard virus scanning and prevention techniques. Should an e-mail message be found to contain a virus or other harmful content, the message will be deleted without notification given to either the sender or any intended recipient.
Practices used to ensure security of the network, including triggering conditions
- Hostile port blocking: We block known hostile ports to prevent unwanted files, browser hacking, and virus attacks.
- Virus and spam filtering: We offer email and personal web site hosting. We filter email traffic for virus activity and spam using industry standard virus scanning and prevention techniques.
General Service Description
Our High Speed Internet Service enables commercial subscribers to access all lawful content, applications, and services of their choice available on the Internet.
Our High Speed Internet Service is delivered using a Digital Subscriber Line (DSL) technology. Our DSL Internet service uses a third-party’s copper lines and a DSL compatible modem. The DSL modem connects to a customer’s computer or other Internet-enabled device through a Network Interface Card for a wired connection. Some DSL modems can also transmit a Wi-Fi signal for connecting wireless devices to the network. For DSL modems that do not transmit a Wi-Fi signal, a customer can attach a wireless router to the DSL modem for connecting wireless devices.
Expected and actual speeds and latency
Expected performance. We offer customers a variety of High Speed Internet Service levels. We provide a description of the expected maximum transfer speeds associated with each service level in our Business DSL Overview, available at www.tulsaconnect.com/connectivity_services.php.
Speed. The speeds we identify for each High Speed Internet Service level are the maximum upload and download speeds that customers are likely to experience. We provision our customers’ modems and engineer our network to deliver the speeds to which our customers subscribe. However, we do not guarantee that a customer will actually achieve those speeds at all times. A variety of factors can affect upload and download speeds, including customer equipment, network equipment, network congestion, performance issues with an Internet application, content, or service, and more.
Latency. Latency is another measurement of Internet performance. Latency is the time delay in transmitting or receiving packets on a network. Latency is primarily a function of the distance between two points of transmission, but also can be affected by the quality of the network or networks used in transmission. Latency is typically measured in milliseconds, and generally has no significant impact on typical everyday Internet usage. As latency varies based on any number of factors, most importantly the distance between a customer's computer and the ultimate Internet destination (as well as the number and variety of networks your packets cross), it is not possible to provide customers with a single figure that will define latency as part of a user experience.
Actual speed and latency performance. Actual speed and latency may vary depending upon network conditions and other factors. Because our High Speed Internet Service is provided over a third-party’s lines connecting to end users, actual performance depends on that party’s network. We have no control over actual speed and latency performance. Actual performance of our High Speed Internet Service in most cases will conform to national wireline broadband Internet speed and latency levels reported by the FCC. The FCC has reported that customers of DSL-based broadband Internet services receive mean download speeds that are within 84% of advertised speeds during peak hours, and 24-hour average speeds within 87% of advertised speeds. In addition, the FCC has reported that these same customers experience average latency of 43 milliseconds.
Suitability of the Service for Real-time Applications. Our High Speed Internet Service is suitable for typical real-time applications including messaging, voice applications, video chat applications, gaming, and Internet video. If users or developers have questions about particular real-time applications, please contact us at firstname.lastname@example.org.
Specialized services offered to end users. We offer specialized services, sharing network capacity with other high-speed Internet services. Specialized services include data hosting.
Effects of specialized services on availability and performance of broadband Internet access service. Our specialized services have no effect on the availability and performance of our High Speed Internet Service.
Prices. Pricing for our standard one-year terms is available at www.tulsaconnect.com/connectivity_services.php. For pricing of non-standard terms, please contact us at email@example.com.
Usage-based fees. Not applicable.
Fees for early termination. We may charge early termination fees under certain circumstances. See User Agreement, available at www.tulsaconnect.com/legal.php.
Fees for additional network services. We offer a host of additional services to our commercial customers. You can find more information and pricing for these services at http://www.tulsaconnect.com
Inspection of network traffic. We routinely monitor network and traffic patterns.
Virus and Spam filtering: We filter e-mail traffic for virus activity and spam using industry standard virus scanning and prevention techniques. Should an e-mail message be found to contain a virus or other harmful content, the message will be deleted without notification given to either the sender or any intended recipient.
Storage of network traffic information: A static IP address is an address tied to a single account. Static IP addresses do not change. We maintain IP address information for each account until the account is deleted.
Provision of network traffic information to third parties: We do not disclose High Speed Internet Service customer or use information to third parties except: (i) as necessary to provide our High Speed Internet Service and to manage the network; or (ii) in response to law enforcement requests, court order, or as otherwise required or authorized by law.
Use of network traffic information for non-network management purposes: We do not use network traffic information for non-network management purposes.
Practices for resolving end-user and edge provider complaints and questions: End users or edge providers with complaints or questions relating to these disclosures should contact: firstname.lastname@example.org
Questions: We will endeavor to answer questions promptly via e-mail or telephone.
Complaints: We will provide an initial response in writing within 15 business days of receipt. We will attempt to resolve complaints informally, escalating the matter to senior management if needed.
As required by the Online Copyright Infringement Liability Limitation Act of 1998 (“Act”), MBO Data, L.L.C. d/b/a TulsaConnect has adopted a policy to address customer accounts involved in repeated copyright infringement. Our repeat infringer policy follows:
If we receive more than 5 copyright infringement notices within a 30-day period regarding a customer account, we will suspend that account’s service for 30 business days; and
If we receive another copyright infringement notice regarding that same account within 30 days, we will permanently terminate service to that account.
TulsaConnect accommodates and does not interfere with standard technical measures to identify and protect copyrighted works, subject to the limitations of the Act.