Emery Telcom Policies

Emery Telcom Privacy Policy

This Privacy Policy identifies and describes the way Emery Telcom ("Emery") collects, uses, maintains and discloses information collected from users (each, a "User") whether you are browsing our website, purchasing products and services from us through our on-line ordering website, discussing billing issues with our customer service representatives, or using our facilities for your communications needs ("Services"). This Privacy Policy applies to all products and services offered by Emery, and details our commitment to protect your information.

By visiting our website or using our Services, you consent to the collection and use of your information by us as set forth in this Privacy Policy. Emery reserves the right to change or modify the terms of this Privacy Policy at any time, so please check it regularly for any changes or updates. Updates will be posted on Emery's web site at www.emerytelcom.com/emery-telcom-policies.html. In addition, if you have any questions regarding this Privacy Policy, you may contact us by telephone or mail at: (435) 748-2223, or P.O. Box 629, 455 East Highway 29, Orangeville, UT 84537.

Important Terms Used In This Privacy Policy

Throughout this Privacy Policy we use several specialized terms: "Customer Proprietary Network Information" (CPNI) means your service usage related information such as the numbers you call and when you call them, as well as the particular services you use, such as call forwarding or voice mail. We collect this information so we can provide you with the services you have requested and send you bills for these services. "Personally Identifiable Information" is information that tells us specifically who you are, your name, street address, email address, billing address, social security number, driver's license number, credit card information, bank account number, telephone number, and other account information. "User Information" means all Personally Identifiable Information and any other forms of information discussed in this Privacy Policy, including the Internet Protocol (IP) address of a user's computer and CPNI (as defined below). We use the term "aggregate" when we combine information from various persons and users. Information is said to be "anonymous" if it does not identify individual persons or entities or associate a particular person or entity with such information.

Customer Proprietary Network Information (CPNI). CPNI is a subcategory of protected customer information defined by federal law as information about a consumer's account, including usage and billing of telecommunications services. Those services are offered by providers of traditional local, long distance, and wireless services, as well as providers of Voice over Internet Protocol (VoIP) services to consumers. CPNI includes what services you subscribe to, how you use them, and what you are charged for them. It does not include your name, address, telephone number, or other types of information such as information about your telephone equipment or Internet access services. We are required to treat CPNI confidentially, and we do. The FCC regulates when and how CPNI can be shared and used.

  • Marketing rules. The FCC has categorized consumer CPNI into three distinct service groups: local, long distance, and wireless service. The CPNI that a carrier can use to market its services to its customers - without their approval - depends on what service groups the customer already buys from. Carriers are permitted to use CPNI for marketing similar products within a service group. For example, if you subscribe to our local service, we are allowed to use that local service information to sell you additional local service products and services.

  • Approval rules. We obtain customer approval to use CPNI across service groups in two different ways. In some circumstances, we ask for customer consent. In other words, we may ask customers to "opt-in" to our use of CPNI across service groups. In most circumstances, however, we inform customers that CPNI will be used unless they instruct us not to. In these cases, the customers must specifically "opt-out" to our use of CPNI across service groups. We can ask for long-term approval (that lasts until it is withdrawn) or we can ask for approval each time we interact with a customer (short-term approval).

  • Rules on non-marketing uses of CPNI. We are allowed to use consumer CPNI for various non-marketing purposes without specific customer approval. These activities include installing, providing, billing for, and collecting for Services. We may also use CPNI without specific approval to protect our rights or property or those of our customers or other carriers and to address fraud, abuse or unlawful subscriptions to or use of our services.

  • Access rules. Before speaking with a caller about account information, we take steps to authenticate the identity of the caller and confirm that he or she is authorized to have access to information on the account. We do not discuss account information with anyone other than the account holder. Per FCC rules, we will not discuss call detail information with customers over the telephone unless the customer provides specific information about the calls in question, such as in the context of a billing inquiry, or unless the customer provides their specific password. We will not release CPNI in a retail store unless our customer presents a valid photo ID. Additionally, our customers cannot access online account information using only account information or generally known information. Rather, online account access is restricted through security code and password requirements.

How We Collect Information And How We Use It

We collect information in three primary ways:

  • You give it to use when you purchase or interact with us about a product or service we offer or provide;
  • We collect it automatically when you visit our websites or use our products and services; and
  • We obtain it from other sources such as credit agencies.

Visiting Our Site. When you visit our website to browse, we may collect and store the domain name and host from which you access the Internet, the IP address of your computer, your browser software and operating system, the date and time you accessed the site and the Internet address of any website from which you link directly to our site or to which you link after visiting our site. We may use this information to measure the number of visitors and repeat visitors to sections of our site, to calculate the average time spent at our site, to determine from where and to where our visitors link, and to help make our site more useful. This type of information may be shared with third parties, such as when we aggregate and disclose site traffic information for marketing and commercial purposes. When you visit our website, we may ask if you would like us to send you marketing materials about our Services and other associated products. If you request such materials, then we may use Personally Identifiable Information you give us to send you such materials.

Except as otherwise set forth in this Privacy Policy, we will not share Personally Identifiable Information with third parties without your consent.

Using Our Services. When you use our Services, you must provide certain Personally Identifiable Information for us to properly provide you with the Services. We collect and store this Personally Identifiable Information and any modifications that either you or we make to that information. We may disclose User Information (i) to provide you Services that you request and provide you with the best customer experience possible; (ii) to answer questions you may have about the Services you purchase; (iii) to communicate with your regarding Service updates, offers and promotions, and deliver customized content and advertising to you; (iv) to address network integrity and security issues; (v) to obtain a credit report; (vi) to provide local directory and directory assistance; (vii) to law enforcement or other governmental officials as required by law, if appropriate, for your protection, safety, or in connection with an investigation or prosecution of possible unlawful activity, in which cases we may be required to disclose the information without your consent or knowledge as required by federal and/or state statutes and regulations; (viii) in connection with a sale or merger of Emery; or (ix) for other legally permissible purposes. We may also share aggregate anonymous data relating to the transactions on the website and use of the Service for marketing, research and other purposes.

Feedback. Except as otherwise provided in the Privacy Policy or in other written documentation provided by us to you, any comments or materials you send to Emery through the website, including without limitation, feedback developer ideas, questions, comments, or suggestions (collectively “Feedback”), may not be treated as confidential and shall become the property of Emery. Emery has no obligation of any kind with respect to such Feedback, and may be free to reproduce, use, disclosed, exhibit, display, and distribute the Feedback.

Cookies. Cookies are very small text files that our website may send to your browser for storage on the hard drive. A type of cooking may be deployed if you use our Services. Cookies can make use of our site easier by saving your status and preferences upon visits to our website. Most browsers are initially set up to accept cookies, but you may be able to change the settings to refuse cookies or to be altered when cookies are being sent.

How we protect your information. We employ and maintain technology and security measures designed to protect User Information. When you submit sensitive information via our website, that information is subject to a variety of protections both on-line and off-line, including password protected systems and firewalls. Sensitive and private data exchange between the website and its users happens over a SSL secured communication channel and is encrypted and protected with digital signatures. However, no data transmission over the Internet can be guaranteed to be 100% secure.

Third Party Websites. You may find advertising or other content on our website that link to the sites and services of our partners, suppliers, advertisers, sponsors, licensors and other third parties. We do not control the content or links that appear on these sites and are not responsible for the practices employed by websites linked to or from our website. In addition, these sites or services, including their content and links, may be constantly changing. These sites and services may have their own privacy policies and customer service policies. Browsing and interaction on any other website, including websites which have a link to our Site, is subject to that website’s own terms and policies. We are not responsible or liable for the actions or policies of third parties.

Control of Your Password To help secure User Information, we have designed a password protected system. We will never ask you for your password in an unsolicited phone call or in an unsolicited email. Except as specifically permitted by this Privacy Policy or other instructions regarding the Services, you should not, lend, give, or otherwise disclose your password to any unauthorized person, or permit any unauthorized person to use your accounts or related passwords.

Any loss of control of passwords may result in the loss of control over Personally Identifiable Information or User Information. You will be responsible for any actions taken on your behalf or any person using your password or user identification. If passwords have been compromised, then you should immediately change your password or notify us so that we may issue a new password.

Network Management Disclosure and Usage Policy

Pursuant to the Open Internet Order issued by the Federal Communication Commission ("FCC"), Emery Telecommunications & Video, Inc., and Emery Telcom Video, LLC (collectively doing business as "Emery Telcom Internet, and Emery Telcom Wireless (collectively "Emery Telcom") are required to disclose Network Management practices in order to provide transparency to their customers. However, this disclosure is not meant to replace or alter any terms of service as provided in any contract or notices supplied by Emery Telcom. Specifically, the FCC rule states:

A person engaged in the provision of broadband Internet access service shall publicly disclose accurate information regarding the network management practices, performance, and commercial terms of its broadband Internet access services sufficient for consumers to make informed choices regarding use of such services and for content, application, service, and device providers to develop, market, and maintain Internet offerings.

These disclosures apply only to residential and non-customized small business Internet Services. If you have any question whether the services you purchase or are considering purchasing from Emery Telcom are covered by this disclosure, please contact Emery Telcom at 435-748-2223.

Emery Telcom is committed to providing its Internet services as an open platform for economic growth, competition, entertainment, investment, and innovation. It does not block any lawful content, applications, services, or your use of non-harmful devices, or discriminate in transmitting lawful network traffic.

Performance Characteristics

Core Network/Service Description. Emery Telcom and its subsidiaries provide Internet services across various technologies including cellular, fixed wireless, copper telephone lines (DSL2+/VDSL), fiber to the premises, and coaxial cable. Each of these services is connected to a common MPLS core Internet Protocol Network. Such core is connected to redundant Internet access circuits obtained from carriers in Salt Lake City, Utah and/or Grand Junction, Colorado.

Internet Speeds. Emery Telcom markets and provides the speeds listed on its website found at www.emerytelcom.com/internet-speeds . Emery Telcom uses its best effort to provide the purchased speeds. If Customers have issues with their speed, then they can call Emery Telcom for technical assistance at no charge. The following variables (which are often out of Emery Telcom's control) can affect actual speeds experienced by customers:

  1. Network Capacity. Emery Telcom purchases more than double its customer's combined peak usage from carriers. It also ensures that there is capacity on its core and that ports are distributed to limit disruptions. Therefore, it is unlikely that slow speeds are a result of Emery Telcom's network capacity.

  2. Customer Equipment. Performance of a customer's computer, including its age, processing capability, its software, the number of applications running simultaneously, and the presence of any spyware, viruses, etc.

  3. Connection.Type of connection between a customer's computer and modem and the distance of devices from customer's computer.

  4. Path.The distance, paths, and networks packets travel between a customer's computer and their final destination on the Internet. Packets may travel across multiple and various providers and the limitations of those networks can affect the overall speed.

  5. Congestion or Website Limitations. If a large number of visitors are accessing a site or particular destination at the same time, your connection will be adversely affected if the site or destination does not have sufficient capacity to serve all of the visitors efficiently. Also, some websites limit speeds at which visitors can download from their sites.

  6. Modem/Gateway. The performance of the modem may degrade over time. Sometimes the modem just needs to be restarted or have the software updated. Please contact Emery Telcom to discuss such issues and the possible solutions.

  7. Network Overhead. The modem uses a portion of the bandwidth to handle network and overhead information. This is typically very minor and the connections are sized to eliminate most, if not all, slowing in relation to this issue.

  8. Length of Lines or Distance from Antennas. The technologies used by Emery Telcom may be affected by distance or terrain. Emery Telcom will use its best effort to provide the ordered speeds. If such speeds are not possible, then the customer can call Emery Telcom and reduce the Customer's package. However, if the customer is unable to obtain the full purchased speed, but wants and can obtain speeds above the next lower offering, then Customer must pay for the higher offering. Emery Telcom is not responsible for reimbursing customers for not providing purchased speeds.

Emery Telcom maintains a speed test server on its website at www.emerytelcom.com/speed-test , which customers may use, but the issues above may affect the results.

Many factors may affect Emery Telcom's network. Emery Telcom will use its best effort to keep its network operational. However, the network might experience problems or may not be available. Emery Telcom is not liable to its customers in such circumstances.

Impact of Specialized Services. The MPLS core also carries other services such as TDM circuits, Ethernet circuits, voice service, and video services. Priority across such MPLS core network is given for circuits and voice services; however, the MPLS core is sufficiently sized to prevent slowing of Internet under almost all circumstances. Customers over the various technologies are connected to common ports on core routers and equipment. The customers on each port share use of such port. Emery Telcom attempts to distribute its customers across the various ports in order to reduce overall bandwidth constraints. Emery Telcom does not have any control over other carriers beyond its core network.

Network Practices

Congestion Management Practices . Congestion is an Internet service problem that can slow web browsing, downloading and other activities of the customers during certain peak usage periods. Emery Telcom engineers monitor and proactively reinforce our network with additional capacity in areas where congestion is identified.

If acute network congestion occurs, Emery Telcom employs various techniques to ensure a positive customer experience and fair distribution of network resources. Our network management techniques include ensuring that customer systems are not propagating viruses or distributing spam email, - i.e. by preventing virus/spam delivery to customer email accounts. In some cases, we may limit the number of customers that may be served on a particular network node until additional capacity can be added. We also seek to monitor and identify which customers are using the greatest amount of bandwidth during periods of heavy congestion, and to contact those "high volume customers" to work out a solution to the problem.

Emery Telcom reserves the right to manage, temporarily, the Internet traffic of "high volume customers" during periods of significant congestion until such periods of congestion pass. The temporary traffic management will be accomplished by technically and commercially feasible methods. Affected "high volume customers" will still be able to access the Internet and engage in any and all on-line activities, however, during periods of heavy congestion, they may experience longer download and upload times, slower web surfing, and slower movements during on-line gaming.

Customers should note that any temporary traffic management practices employed by Emery Telcom will impact only identified and notified "high volume customers" during periods when congestion problems are experienced, and will not be based upon the types of content, applications, services, or devices such customers use.

Application Specific Behavior Practices. Emery Telcom does not favor or inhibit certain applications or classes of applications. Customers may use any lawful and commercially available application which they desire on Emery Telcom's network.

Emery Telcom does not normally monitor the contents of the traffic or applications of its customers. It undertakes no obligation to monitor or investigate the lawfulness of the applications used by its customers. If any party contacts Emery Telcom with a substantial allegation that an application being used by a customer is unlawful, Emery Telcom will investigate the matter (including consultation, as it deems appropriate, with attorneys, consultants, federal or state regulators, and/or federal, state or local law enforcement agencies), and will take appropriate actions to deal with the use of applications that are demonstrated to be unlawful.

Customers may occasionally develop their own applications, or modify commercially available applications. Emery Telcom will not prohibit the use of customer-developed or modified applications unless there is a reasonable belief that such applications will cause harm to its network. The Company does not block or rate-control specific protocols or protocol ports. The Company does not modify protocol fields in ways that are not prescribed by the applicable protocol standards.

Device Attachment Rules. Emery Telcom provides modems or gateways to its customers. Emery Telcom does not allow customers to provide their own modems or gateways, because Emery Telcom uses these devices to monitor its network and to ensure quality service. Customers may place routers or other devices in their own network beyond the Emery Telcom provided router or gateway. If customers are using wireless networks beyond Emery Telcom's equipment, Emery Telcom encourages its customers to secure the wireless networks. Such wireless networks are susceptible to outside usage, which may violate customers' privacy, slow down customers' usage of the Internet, or otherwise harm customers. Customers may call Emery Telcom for help in securing such wireless networks, but in no instance is Emery Telcom responsible for the security of such networks, even if such wireless network is across a router or modem provided by Emery Telcom. Customers use such networks at their own risk.

Security Practices. Emery Telcom does not normally monitor the traffic of its customers. It undertakes no obligation to monitor or protect such customer traffic from spam, viruses, denial-of-service attacks, or other malicious, unlawful or unwanted activities.

Emery Telcom recognizes that customers can purchase spam filtering and anti-virus software from commercial vendors to meet their needs. Emery Telcom may from time to time offer anti- spam and/or anti-virus software or services to customers who desire to purchase them from Emery Telcom. When offered, these software or services will be described and priced in other sections of this website and in Emery Telcom's sales and marketing materials. Customers are free to obtain anti-spam and/or anti-virus software or services from any source they desire, as long as such software or services do not disrupt or degrade the traffic of other customers of Emery Telcom or harm the network.

A customer that is subjected to a denial-of-service attack, or similar malicious, unlawful or unwanted activity, is urged to notify Emery Telco as soon as possible. Emery Telcom will work with the customer, other service providers, federal and state regulators, and/or law enforcement to determine the source of such activity, and to take appropriate, and technically and economically reasonable efforts to address the matter.

Emery employs commercially appropriate security procedures to protect its network and its customer records from unauthorized access by third parties. Emery Telcom does not guarantee that it can protect customers from any and/or all security breaches.


Commercial Terms

Pricing Terms and Conditions. Emery Telcom offers different tiers and levels of service at different prices, and changes these from time to time. These service tiers and prices are detailed in the service offerings portion of this website, www.emerytelcom.com/service-offerings.

Emery Telcom does not impose usage based fees upon certain tiers or levels of its service. Emery Telcom may impose fees for early termination with respect to certain of its service arrangements and promotions offered to customers. Customers should refer to their Subscriber Agreement for the specific pricing and fees applicable to them.

Privacy Policy. As indicated above, Emery Telcom's network management practices do not generally entail

inspection of network traffic. Emery Telcom retains and stores certain traffic information (such as the identity of the customer using a particular IP address during a specific period) for time periods required by federal or state law.

Emery Telcom retains, stores and provides to law enforcement any traffic information requested

pursuant to the procedures of the Communications Assistance for Law Enforcement Act ("CALEA"), the Foreign Intelligence Surveillance Act ("FISA") or other applicable national security or criminal statutes.

Emery Telcom does not collect, store or use traffic information to profile its customers in order to sell additional services to them, or for similar non-network management purposes.

Customers are encouraged to review Emery Telcom's full Privacy Policy on its website at www.emerytelcom.com/PrivacyPolicy.

Usage of Network

Emery Telcom is responsible for providing quality service to all of its customers. Therefore, Emery Telcom reserves the right at any time to adjust rates and prices upon notice to its customers. Further, Emery Telcom reserves the right to limit service to any customer that Emery Telcom determines in its sole discretion is negatively affecting Emery Telcom's network or other customers. Emery Telcom may take corrective actions (including but not limited to termination of service) for customers who have violated any term of use or have engaged in practices that could harm the network or other customers' utilization of Emery Telcom's services. Further, use of Emery Telcom's network for illegal or inappropriate actions is prohibited. Emery Telcom may provide customer information to appropriate legal authorities as direct by law or in the case of copyright infringement to those violated as directed legally upon notice to the customer.

Otherwise, Emery Telcom does not engage in any network management practices, target specific types of traffic based on their technology or their provider, modify protocol fields in ways not prescribed by the protocol standard, inhibit or favor certain applications or classes of applications, or block or manage any specific protocols or protocol ports. However, Emery Telcom may block port 25 traffic if it determines that it threatens the overall use of its network.

Redress Options. If you have any questions or complaints regarding this policy, please contact Emery Telcom at 435-748-2223.

Emery Telcom strongly desires to resolve questions, complaints and other problems of its customers and edge service providers in an informal and direct manner that satisfies all interested parties to the greatest extent practicable.

Customer Proprietary Network Information Notice

Emery Telcom and its affiliates Carbon/Emery Telcom, Hanksville Telcom, Emery Telecommunication and Video, and Emery Telcom Long Distance (Emery Telcom) are committed to protecting your privacy, and we wanted to take this opportunity to further inform you about your rights with respect to certain information that you make available to Emery Telcom by virtue of subscribing to our services.

In providing service to you, Emery Telcom maintains calling information and data related to particular services you receive from Emery Telcom. This information may include the quantity, technical configuration, type, destination, location, and amount of use of the telecommunications services that you purchase. Information of this sort is known as Customer Proprietary Network Information, or CPNI. Under federal and state law, Emery Telcom is obligated to preserve the confidentiality of this information, and Emery Telcom is committed to doing so.

In order to better serve your specific communications needs and offer innovative products and services to you, Emery Telcom's corporate family uses CPNI information unless directed otherwise. As an example, we may want to offer our customers a special long-distance rate or internet package based upon their current usage or services. However, if you do not wish to permit us to utilize your CPNI in this manner, you have the right to prevent such use of CPNI by informing us of your intent to "opt out." You may opt out by calling us at 435-748-2223 or 435-613-9605, by mail at P.O. Box 629, Orangeville, UT, 84537. If you do not provide us with notice that you wish to opt out within 30 days of this notice, we will assume that you give Emery Telcom the right to share your CPNI with its affiliates for the purposes described above. Whether you notify us or not, Emery will not share your CPNI with any outside party unless required by law as described below.

If you elect to "opt out," you may not be able to learn about innovative service proposals, new technology or service offerings, or "package" discounts that may better meet your communications needs. However, "opting out" will not affect the provision of any services we are furnishing you.Regardless of whether you consent or not, your CPNI will continue to be treated as confidential.

Please note that if you do not "opt out," your consent will remain valid unless and until we receive a notice expressing your intent to "opt out." You retain the right to "opt out" at any time by calling the number listed above.

Please also be advised that, regardless of your decision to "opt out," your CPNI may be disclosed in certain situations. Emery Telcom may be required to disclose your CPNI to law enforcement officials pursuant to court orders, subpoenas, or other lawful processes, in which cases we may be required to disclose the information without your consent or knowledge as required by federal and/or state statutes and regulations. Disclosures of CPNI may also be mandated pursuant to requirements of the Federal Communications Commission or the Utah Public Services Commission. Finally, federal and state rules permit certain disclosures of CPNI to prevent fraud or abuse, for billing and collection, for provisioning service, and in other limited circumstances.

For additional information regarding the Privacy Policy of Emery Telcom, please see: www.emerytelcom.com/privacy-policy.html

Important Information About Emergency 9-1-1 Service in Connection with Emery Telecommunications, Inc.'s (ETV") VoIP Service and Analog Terminal Adapters:

Description. Voice Over Internet Protocol ("VoIP) services allow the Customer to make or receive telephone calls over the internet to or from the public switched telephone network using an Analog Terminal Adapter (ATA) provided by Emery.

911 and E-911 Calls. Prior to the initialization of service, the Customer shall provide accurate Customer name and address information where the ATA and the service will be utilized (also known as "Registered Location") for the purpose of updating the E-911 Data Base so the E-911 data base has an accurate address associated with the telephone number. Customer bears the responsibility to notify ETV of any changes to the Registered Location. If Customer uses the VoIP services from any location other than the Registered Location, 911 and E-911 services will not be dispatched to the Customer’s current location. Customer should not move the ATA, or use the ATA from any location other than the Registered Location.

Limitation to 911 and E-Service. Customer acknowledges and understands that access to emergency services through 911 and E-911 calls is limited. Customer acknowledges and understands that the VoIP Service supports E-911 (where available) and that access to emergency service is available only if the service is operated from the Registered Location, and then only if Customer has an active connection to the service. Customer acknowledges and understands that if there is a service outage for any reason, or a power outage, such outage or outages may prevent all voice service, including 911 dialing.

Terms of Use

Emery Telephone, Emery Telecommunications & Video, Inc., Emery Telcom Video, LLC, and Emery Telcom Wireless (collectively "Emery Telcom") are at all times committed to complying with the laws and regulations governing use of Emery's networks, systems, services, web sites, and products. This Terms of Use is in addition to any written agreements between you and Emery Telcom, and together, the documents constitute the "Agreement" between Emery Telcom ("our") and the customer ("Customer," "you," or" your"). By using Emery Telcom Internet Services and related services and accessing the Emery Telcom websites at www.emerytelcom.com and www.etv10news.com (the "Site" or "Sites") (collectively, the "Services"), you agree to be bound by all of the terms, conditions, and notices contained or referenced in these Terms of Use:

These Terms of US govern your use of the Services and any devices and/or equipment used to support the Services, including without limitation, hardware and software used in conjunction with the Services that is provided to you from Emery Telcom for your use in connection with the Services (collectively, the "Equipment"). By activating or using the Services, you acknowledge that you have read, understand and agree to these Terms of Us as set out hereunder. Emery Telcom reserves the right to change or modify the Terms of Use at any time, effective when posted on Emery Telcom's web sites at www.emerytelcom.com/Terms-of-use or www.etv10news.com/Terms-of-Use. If you do not wish to be bound by this Agreement or any modifications that may be made by Emery Telcom from time to time (as described in the Changes to the Agreement section below) do not activate or use the Services and immediately contact Emery Telcom. Your use of the Services after changes to the Terms of Use are posted shall constitute your acceptance of any changed or additional terms.

Authority
By using this Site and Services, you represent that you are at least 13 years old. Persons who are at least 13 years of age, but less than 18 years of age may only use our Sites and Services with legal parental or guardian consent. Accordingly, you agree that you are at least 18 year of age or older or possess legal parental and guardian consent, and are fully able and competent to enter into the terms, conditions, representations and warranties set for in these Terms of Use. If not, please exit the Site and cease using the Services.

Privacy
You should review the Privacy Policy posted at www.emerytelcom.com/PrivacyPolicy or www.etv10news.com/privacy policy before using the Sites and Services. The Privacy Policy explains Emery Telcom's practices and policies relating to the collection and use of your information through or in connection with our Sites and use of our Services. Emery Telcom's use of your information is governed at all times by our Privacy Policy which is incorporated into these Terms of Service.

Prohibited Use

  • Emery Telcom prohibits use of the Services for any activity that violates federal, state, local, or international law, order or regulation. Prohibited activities include, but are not limited to:
    1. Posting, storing, transmitting or disseminating unlawful material, including without limitation, child or other pornography, any content, data or other material which is libelous, obscene, hateful, unlawful, threatening, reaction or ethnically offensive, defamatory or which in any way constitute or encourages conduct that would constitute a criminal offense.
    2. Disseminating material which violates copyright or intellectual property rights. Material accessible through Emery Telcom's network and Services may be subject to protection under privacy, publicity, or other personal rights and intellectual property rights. Customer shall not use the Emery Telcom network or Services in any manner that would infringe, dilute, misappropriate, or otherwise violate such rights. You assume all risk regarding whether material is in the public domain.
    3. Pyramid or other illegal soliciting schemes.
    4. Fraudulent activities, including but not limited to, impersonating any person or entity, or forging anyone's digital or manual signature.
    5. Sending SPAM, which includes, but is not limited to, sending unsolicited email messages, bulk commercial advertising or informational announcements; sending electronic messages that do not accurately identify the sender, the sender's return address, the email address of origin, or other information contained in the subject line or header; sending email messages that are excessive or intended to harass or annoy others; continue to send email messages to a recipient that has indicated he/she does not wish to receive them; or sending malicious email.
  • You are responsible for any misuse of the Services that originates from your account, even activities committed by any friend, family, co-worker, employee, guest or anyone who obtains access to the account. You must ensure that others do not gain unauthorized access to the Services.
  • The Services may not be used to breach the security of another user, or to attempt access to anyone's computer, software or data, without the knowledge and consent of that person. The Services may not be used in any attempt to circumvent the user authentication or security of any host, network, or account. This includes, but is not limited to, accessing data not intended for you, logging into or making use of a server or account that you are not expressly authorized to access, probing the security of other networks, or any other action aimed at the unauthorized interception of data or harvesting of email addresses. Use or distribution of tools designed for compromising security, such as password guessing programs, cracking tools, packet sniffers or network probing tools is strictly prohibited.
  • The Customer may not knowingly upload or distribute files the contain viruses, spyware, Trojan horses, worms, time bombs, cancel bots, corrupted files, root kits or any other similar software or programs that may damage the operation of another's computer, network system or other property, or be used to engage in modem or system hi-jacking.
  • The Services are for Customers' own personal and/or business use and the Customer shall not under any circumstances, resell, retail, repackage for sale, distribute, wholesale, or otherwise commercially distribute the Services, or any of them, without the express written consent of Emery Telcom, which may be granted or withheld in Emery Telcom's sole discretion.
  • The Customer may not allow others access to the Services, or any of them, without the express written consent of Emery Telcom, which may be granted or withheld in Emery Telcom's sole discretion.
  • Emery Telcom prohibits the use of open wireless internet local area connections. Modems and routers broadcasting wireless Internet without wireless security enabled is in violation of this policy. Emery Telcom reserves the right to bill the customer a premium fee to allow unsecured wireless local area connections.
  • You shall not connect servers of any type to the Services. Emery Telcom reserves the right to suspend or terminate Service without advance warning if a violation of this policy is detected.
  • Use of distribution lists in electronic mail or other mass electronic mailings is subject to prior written approval of Emery Telcom, which will be granted or withheld is sole discretion. Without limiting the foregoing, Emery Telcom does not allow use of the email system to distribute advertisements, solicitations or any other form of marketing/sales commonly referred to as spamming.
  • The use of list, blind copies, relaying to addresses via email is unacceptable use of the Services.

Customer Responsibilities

  • Customers remain solely and fully responsible for the content of any material posted, hosted, downloaded/uploaded, created, accessed or transmitted using the Services. Emery Telcom has no responsibility for any material created on the Emery Telcom network or accessible using Services, including content provided on third-party websites linked to the Emery Telcom network.
  • By posting or submitting any content or other materials to the Sites, including any audio or video files, classified advertisements or personal information (collectively "Your Content"), you affirm, represent and warrant that (i) you own or otherwise control all right, title and interest in and to Your Content, including the copyright thereto; (ii) none of Your Content is defamatory, libelous, obscene or pornographic; and (iii) use of Your Content as provided in these Terms of Service will not violate any legal rights, of any third party. You hereby grant Emery Telcom and its designees a worldwide, royalty-free, non-exclusive, transferable, sublicensable license (the "License") to sell, license, rent, modify, distribute, copy, reproduce, transmit, publicly display, publicly perform, publish, adapt, edit, and prepare derivative works of Your Content in connection with the Sites or the conduct of Emery Telcom's business in any formats and through any media channels. Emery Telcom may monitor Your Content as it appears on the Sites and may edit or delete Your Content at any time and for any or no reason without your permission.
  • Customers are responsible for taking prompt corrective action(s) to remedy a violation of these Terms of Use and to help prevent similar future violations.
  • You are solely responsible for the protection of your identity from identity theft. Emery Telcom does not verify the security of any internet site. Your use of personal information while on the internet places you at risk of identity theft.

You will indemnify, defend, reimburse, and hold Emery Telcom or any parent, subsidiary, affiliate, officer, director, employee, or agent of Emery Telcom, harmless from and against any and all liabilities, claims, and expenses of any type or nature, including costs and attorneys' fees, that arise from the exercise of the License set forth above or from your use of the Sites or Services.

Enforcement and Notice

  • When feasible, Emery Telcom's preference is to advise you of Terms of Use violations or other inappropriate behavior via email, and request that you take necessary corrective action. However, if you use the Services in a way that Emery Telcom, in its sole discretion, believes violates these Terms of Use, Emery Telcom reserves the right to act immediately and without notice to take any responsive actions deemed appropriate, including, but not limited to, temporary or permanent removal of content, cancellation of newsgroup posts, filtering of Internet transmissions, and the immediate suspension or termination of all or any portion of the Services. Emery Telcom will not have any liability for any such responsive actions. The above described actions are not Emery Telcom's exclusive remedies, and Emery Telcom may take any other legal or technical action it deems appropriate.
  • Emery Telcom has no obligation to monitor content of any materials distributed or accessed using the Services. However, Emery Telcom may monitor content of any such materials as necessary to comply with applicable laws, regulations, or other governmental or judicial requests; or to protect Emery Telcom, its network, and its customers.
  • Emery Telcom reserves the right to investigate suspected violations of these Terms of Use, including the gathering of information from you or other users involved, and the complaining party, if any, and examination of material on Emery Telcom's servers and network. During an investigation, Emery Telcom may suspend the account or accounts involved and/or remove material which potentially violates these Terms of Use.
  • You authorize Emery Telcom to cooperate with (i) law enforcement authorities in the investigation of suspected criminal violations, and/or (ii) system administrators at other Internet service providers or other network or computing facilities in order to enforce these Terms of Use. Such cooperation may include Emery Telcom providing the username, IP address, or other identifying information about you, in accordance with Emery Telcom's privacy policy.
  • Web pages included in accounts are specifically designated and shall be monitored by Emery Telcom for compliance. Emery Telcom reserves the right to assess appropriate account type fees in the event you publish pages contrary to the stated account web page type (e.g. personal pages used in a commercial manner).
  • Emery Telcom provides internet access accounts and doesn't allow login sharing. Emery Telcom provides one account access (connection) at a time. If you have simultaneous logins with the same login account at the same time while being an account holder, you violate the condition of one user, one account, and one login at a time. Such violations will be detailed by date and time of each violation and you may be responsible for payment of additional accounts.
  • The failure of Emery Telcom to enforce this Agreement, for whatever reason, shall not be construed as a waiver of any right to do so at any time.

Notice and Procedure for Making Claims of Copyright Infringement

  • Emery Telcom respects the intellectual property rights of others. Pursuant to Federal Copyright law, if you believe copyrighted work is available at the Sites in a manner that may constitute copyright infringement, please submit a notification pursuant to the Digital Millennium Copyright Act ("DCMA") by providing the following written information to Emery Telcom's Copyright Agent:
    • An electronic or physical signature of the person authorized to act on behalf of the owner of the copyright interest;
    • A description of the copyrighted work that you claim has been infringed upon;
    • A specific description of where the material that you claim is infringing is located on the Sites;
    • Your address, telephone number, and e-mail address;
    • A statement by you that you have a good faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law;
    • A statement by you, made under penalty of perjury, that the above information contained in your notice is accurate, and that you are the copyright owner or authorized to act on the copyright owner's behalf.
  • Emery Telcom's Copyright Agent for Notice of Claims of Copyright Infringement on the Sites is:

______________________(name of agent)

______________________(Address)

______________________(phone)

______________________(fax)

______________________(email)

For more information about Emery Telcom's copyright protection practices, please refer to: www.emerytelcom.com/CopyrightPolicy.

Disclaimer of Warranties and Limitation of Liability

  • YOU AGREE THAT THE SERVICES, INCLUDING USE OF THE SITES, ARE PROVIDED ON AN "AS-IS," "AS AVAILABLE" BASIS. THE SITES ARE PROVIDED FOR YOUR USE WITHOUT WARRANTY OF ANY KIND, EXPRESS OR IMPLIED, INCLUDING WARRANTIES OF TITLE AND NON-INFRINGEMENT AND THE IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. EMERY TELCOM DOES NOT MAKE ANY WARRANTY THAT ANY MATERIALS FOUND ON THE SITES ARE ACCURATE, RELIABLE, OR CORRECT, THAT THE SITES WILL BE AVAILABLE AT ANY PARTICULAR TIME OR LOCATION, THAT ANY DEFECTS OR ERRORS WILL BE CORRECTED, THAT THE SITES ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS OR THAT YOU WILL ACHIEVE SUCCESSFUL RESULTS FROM FOLLOWING ANY INSTRUCTIONS, DIRECTIONS, OR RECOMMENDATIONS AVAILABLE AT THE SITES.
  • UNDER NO CIRCUMSTANCTS WILL EMERY TELCOM, OR ANY PARENT, SUBSIDIARY, AFFILIIATE, OFFICER, DIRECTOR, EMPLOYEE OR AGENT OF EMERY TELCOM BE LIABLE FOR ANY DAMAGES OF ANY KIND OR NATURE WHATSOEVER, WHETHER DIRECT, INDIRECT, PUNITIVE, INCIDENTIAL, SPECIAL, CONSEQUENTIAL OR OTHERWISE, THAT RESULT FROM THE USE OF, OR THE INABILITY TO USE, THE SERVICES OR THE SITES OR FROM ANY INFORMATION PROVIDED AT THE SITES, INCLUDING THE CONTENT AND YOUR CONTENT. THIS LIMITATION APPLIES WHETHER THE ALLEGED LIABILITY IS BASED ON CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY OR ANY OTHER BASIS, AND EVEN IF EMERY TELCOM HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

Choice of Law

  • The Terms of Service will be governed, interpreted, construed and enforced solely and exclusively in accordance with the laws of the State of Utah, without regard to its conflicts of law provisions. You expressly agree that the exclusive jurisdiction for any claim or action arising out of or relating to the Terms contained herein, or your use of the Services and the Site, will be filed only in the state or federal courts located in Salt Lake, Carbon or Emery Counties, State of Utah, and you further agree to submit to the exercise of personal jurisdiction of such courts for the purpose of litigating any such claim or action.

Incident Reporting

  • Any complaints regarding violation of these Terms of Use by a Customer or its user should be directed to: support@emerytelcom.com.