PenTeleData Internet Access Acceptable Usage Policy
PenTeleData provides dial-up services for residential customers and powers high speed broadband cable modem and DSL services for our partners. This Acceptable Use Policy (AUP) applies to both services and which are collectively referred to in this document as "PenTeleData." All Users of PenTeleData, hereby agree to the following terms of this AUP. If you are not in agreement with these terms, please immediately contact PenTeleData via email at firstname.lastname@example.org.
Without advance notice, the terms of this AUP may change. Please routinely refer to this web page for any updates. This AUP is part of a binding contract between PenTeleData and its customers and Users. Use of the PenTeleData system represents implicit acceptance of the terms and conditions of this AUP.
THE PENTELEDATA SYSTEM IS ONLY FOR USE BY PENTELEDATA CUSTOMERS
PenTeleData monitors persons improperly using the PenTeleData system. Therefore, the activities of unauthorized persons who attempt to access PenTeleData's system will be electronically monitored and recorded by PenTeleData system security; unauthorized access to the PenTeleData system is tracked and logged. PenTeleData reserves the right to monitor the activities of its Users for any reason permitted by law.
According to the terms set forth in this AUP, any User of the PenTeleData system accepts aforementioned monitoring and is advised that if said monitoring reveals evidence of criminal activity, PenTeleData security personnel may provide the information to appropriate law enforcement officials.
Your privacy is important to us. PenTeleData is committed to following any and all applicable federal and state privacy statutes, and agency privacy rules and/or regulation. PenTeleData does not sell customer browsing data to third parties.
Statement of privacy law:
Section 222 of the Communications Act of 1934, as amended (Communications Act) and FCC’s regulations provide privacy protections for certain information related to our internet services. The Communications Act authorizes us to use, disclose, or permit access to individually identifiable
Customer Proprietary Network Information (CPNI) in our provision of: the telecommunications services from which this information is derived; or services necessary to, or used in, the provision of these services, including the publishing of directories.
With respect to phone and internet services, examples of CPNI include:
• location of service;
• technical configuration of service;
• type of service;
• quantity of service;
• amount of use of service; and
• calling patterns.
CPNI does not include your name, address, and telephone number, because the Communications Act classifies that information as “subscriber list information” which is not subject to the protections applicable to CPNI. The Communications Act prohibits us from using CPNI for any purposes other than those listed above except as permitted or required by law or with your approval.
We make every reasonable effort to protect subscriber privacy as described in this notice.
Nevertheless, we may be required by law to disclose Personally Identifiable Information or individually identifiable CPNI about a subscriber. These disclosures may be made with or without the subscriber’s consent, and with or without notice, in compliance with the terms of valid legal process such as a subpoena, court order, or search warrant.
We may be required to disclose Personally Identifiable Information and individually identifiable CPNI to a private third party in response to a court order, and, if so, we are required to notify the subscriber of the court order. We may also be required to disclose Personally Identifiable Information and individually identifiable CPNI about subscribers to high-speed Internet, phone, and home security services to a government entity in response to a subpoena, court order, or search warrant, for example. We are usually prohibited from notifying the subscriber of any disclosure of Personally Identifiable Information to a government entity by the terms of the subpoena, court order, administrative order or search warrant.
We also comply with the Electronic Communications Privacy Act and all copyright laws including the Digital Millennium Copyright Act.
Commercial Use: Any use of PenTeleData services for the exchange of goods, products, or property of any kind whether for profit or not.
Residential/Commercial Dialup Unlimited Access: The ability to logon to PenTeleData at anytime without hourly fees for any use which is consistent with this policy. PenTeleData reserves the right to time-out a customer's connection after 30 minutes of inactivity or after 4 hours of continuous use. (If you are disconnected because of a time-out, simply log-on again.) Dialup Unlimited Access customers are not permitted to operate Information Services of any type. Customers wishing to operate information services of any type are encouraged to contact the Commercial Sales Department to establish a Commercial Dedicated Account. Customers who operate servers will receive warnings to refrain from such activity. Disregard for these warnings may result in termination of the customer's account.
Residential PenTeleData Express Cable Access: The ability to logon to PenTeleData at anytime without hourly fees for any use, which is consistent with this policy. Residential customers are addressed dynamically and may not attempt to force static addressing. Residential customers may not operate information services of any type. Residential customers wishing to operate information services of any type are encouraged to contact the Commercial Sales Department to establish a Commercial Dedicated Account. Customers who operate servers or attempt to force static addressing are in violation of this Acceptable Usage Policy. Disregard for these warnings may result in termination of the customer's account.
Hacking/Cracking: The trespass into computer systems, using them without authorization, either maliciously, for public gratification or any other purpose.
Idle or Inactivity: Remaining logged in while periodically polling servers but not actively performing either outbound\inbound activities.
Internet: The Internet is an international computer network. The Internet is not owned, operated, or affiliated in any way with PenTeleData.
Minor: Any person under 18 years of age.
Phreaking: Cracking into telephone communication systems, in order to make use of unauthorized telecommunication services.
System: Any computer software, hardware, or data transmission devices including but not limited to routers, switches, hubs, servers, etc.
PenTeleData System: Any System under the control and/or administration of PenTeleData.
Information Service/Server: A kind of software that runs a service operating on the Users computer which offers access to their computer for individuals on the Internet. A particularly common term on the Internet, which is common with mail servers, web servers, news servers, ftp servers, and the like.
Time-Out: After a period of idleness, inactivity, or extended connectivity, PenTeleData reserves the right to disconnect the customer.
Use: Being physically present at your terminal while actively performing inbound/outbound activities.
User or Customer: The collective term identifying the account holder or any authorized member of their immediate family or business at the service address.
User Rights and Responsibilities
All telephone calls may be monitored and recorded for quality assurance and training purposes.
The following rules of usage for PenTeleData customers are intended to facilitate and ensure the easiest, widest range of accessibility to the Internet through our service.
Server Operation: Dial-up and high speed access customers are not permitted to knowingly operate information servers of any type. Servers include, but are not limited to, Web servers, FTP servers, Mail servers, IRC servers, etc. Any customer accounts found knowingly operating a server of any type may face immediate and permanent revocation of service. If customers wish to operate any type of server, contact Commercial Sales to establish a Commercial Dedicated account.
Commercial Postings: Commercial postings, those for monetary gain whether for profit or non-profit, via email, newsgroup postings etc, except those in which it is specifically permitted, is prohibited by PenTeleData.
Impersonation: Assuming or Attempting to assume the identity of another person on a PenTeleData system or a system accessible through PenTeleData is prohibited.
Abuse Complaints: Complaints concerning a customer from the PenTeleData domain may be submitted to email@example.com. When submitting complaints please include the following information:
- The IP address used to commit the infraction
- The date that the infraction was committed
- The time that the infraction was committed
- The time zone relevant to when the infraction was committed
- Evidence of the alleged infraction
Email forwarded with full header information is normally sufficient. Syslog or Firewall logs will normally provide all of the above. Certain other situations may require additional information as determined by PenTeleData.
Illegal Activities: All Users must comply with all federal, state, and local laws. Violation of law is also a violation of this Policy. Activities deemed as illegal by PenTeleData are documented in the Illegal Activities section of this Acceptable Usage Policy.
Email Use: All activities noted below are strictly prohibited by PenTeleData and may subject the customer to immediate and permanent termination of the customers account.
Conduct of End Users. Client hereby agrees to require that each End User NOT use the Email Services (nor permit anyone else to use the Email Services) to:
· upload, download, post, email, transmit, store or otherwise make available any User Content that is unlawful, harassing, threatening, harmful, tortious, defamatory, libelous, abusive, violent, obscene, vulgar, invasive of another’s privacy, hateful, racially or ethnically offensive, or otherwise objectionable;
· stalk, harass, or threaten another;
· request or collect personal or other information from a minor who is not personally known to the User or otherwise use the Email Services to harm a minor in any way;
· impersonate any person or entity, or falsely state or otherwise misrepresent affiliation with a person or entity;
· engage in any copyright infringement or other intellectual property infringement (including uploading any content to which User does not have the right to upload), or disclose any trade secret or confidential information in violation of a confidentiality, employment, or nondisclosure agreement;
· send, transmit or otherwise make available any unsolicited or unauthorized email messages, advertising, promotional materials, junk mail, spam, or chain letters;
· forge any header or otherwise manipulate identifiers in order to mislead recipients as to the origin of any User Content transmitted through the Email Services;
· send, transmit, store, or otherwise make available any material that contains viruses or any other computer code, files or programs designed to harm, interfere or limit the normal operation of the Email Services (or any part thereof), or any other computer software or hardware;
· interfere with or disrupt the Email Services (including accessing the Email Services through any automated means, like scripts or web crawlers), or any servers or networks connected to the Email Services, or any policies, requirements or regulations of networks connected to the Email Services;
· take any action that imposes an unreasonable or disproportionately large load on the Email Services or its suppliers; plan or engage in any illegal activity; and/or gather and store personal information on any other users of the Email Services to be used in connection with any of the foregoing prohibited activities
Email de-activations: PenTeleData provides Customers with up to 5 emailboxes per account. Any email box that is inactive for six consecutive months will be deleted. Any email within an inactive emailbox is probably spam and will be automatically deleted without inspection along with the email box. Once deleted, the email address associated with the emailbox will be deleted and become available for assignment to other customers. An emailbox is inactive if it has not been checked in 6 months, does not have an email forward associated with it and is not the primary login for a dial-up account. If you intend to keep a mailbox active you may do so by retrieving email from within the emailbox at least once every 6 months . PenTeleData is not responsible for any loss of any kind because of the deletion of boxes or the email inside. If your emailbox is deleted for inactivity, you may contact Customer Service at 800.281.3564 to have the emailbox reinstated if the email address is still available.
E-mail Transmission and Use: Use of all PenTeleData mail servers and systems, including promail.ptd.net, unless explicitly noted, is restricted as follows. All activities noted below are strictly prohibited by PenTeleData and may subject the customer’s account to suspension or termination at PenTeleData’s discretion.
- No Chain Letters: See "Chain Letters" under Illegal Activities
- No Sending of Unsolicited E-mail: Mailing of unsolicited, unwelcome and undesirable e-mail (Spam) to one or more Users is prohibited.
- Relaying: Relaying of outbound e-mail is only permitted by users of active PenTeleData e-mailboxes, for outbound messages of that active PenTeleData e-mailbox. It is prohibited to send outbound e-mail through the PenTeleData mail servers in any other method.
- Excessive e-mail use: PenTeleData reserves the right to delay or reject messages when more than 500 messages or message recipients per day is exceeded for inbound or outbound e-mail. Repeated offenses may result in account suspension or termination.
- "From:" message header spoofing: The "From:" header on outbound messages must always match the active PenTeleData e-mail account that is intended to be used for the outbound e-mail message.
- E-mail de-activations: PenTeleData provides Customers with up to 5 e-mailboxes per account. Any e-mail box that is inactive for six consecutive months will be deleted. Any e-mail within an inactive e-mailbox is probably spam and will be automatically deleted without inspection along with the e-mail box. Once deleted, the e-mail address associated with the e-mailbox will be deleted and become available for assignment to other customers. An e-mailbox is inactive if it has not been checked in 6 months, does not have an e-mail forward associated with it and is not the primary login for a dial-up account. If you intend to keep a mailbox active you may do so by retrieving e-mail from within the e-mailbox at least once every 6 months . PenTeleData is not responsible for any loss of any kind because of the deletion of boxes or the e-mail inside. If your e-mailbox is deleted for inactivity, you may contact Customer Service at 800.281.3564 to have the e-mailbox reinstated if the e-mail address is still available.
Limitation of Liability: To the maximum extent permitted by applicable law, in no event shall PenTeleData, or its affiliates be liable for any special, incidental, indirect, punitive, or consequential damages whatsoever (including without limitation, damages for loss of business, service interruption, loss of business information, or any other pecuniary loss) arising out of the use of or inability to use the Service, your inability to access the internet or any part thereof through the service or your reliance on or the use of information services or merchandise provided on the internet or through the service, or that result from mistakes, omissions, interruptions, deletion of files, errors, defects, delays in operation, transmission, or any failure of performance.
Indemnification: You, as a customer of PenTeleData, agree to hold PenTeleData harmless from any and all losses, claims, damages, expenses, and attorney fees, which may result from or are alleged to result from your use of PenTeleData systems or services.
Responsible Use: PenTeleData is not responsible for the content of any data originating from any PenTeleData system or any system accessible through PenTeleData. You, the account holder, are exclusively responsible for the content of any and all information you or any User of your account may transmit in any format or form.
General Knowledge: Customers are responsible for maintaining a general knowledge of their operating system, their communication equipment, and any software used to access PenTeleData services or any services accessible through PenTeleData. Any technical support offered to customers outside the scope of Internet service is at the sole discretion of the technical representative.
Minors: By utilizing the services provided by PenTeleData, the Parent/Guardian understands that it is not the responsibility of PenTeleData to monitor or restrict the data transmittal, retrieval or distribution activities of the minor child. Third party Internet filtering and blocking software is available for use, though PenTeleData does not offer support in any aspect of the third party filtering package. The Parent/Guardian agrees to hold harmless PenTeleData from any and all losses, claims, damages, expenses, and attorney fees, which result from or are alleged to result from your use of PenTeleData systems or services. Content filtering solutions are available to customers. For more information contact the applicable sales department.
- You are responsible for obtaining and maintaining any communication equipment necessary to connect to PenTeleData, including modems, communication software, computer hardware, and local telephone service or long distance telephone service.
- PenTeleData Technical Support Personnel, while trained in a multitude of operating systems and software applications, cannot guarantee that the suggested solutions will solve all problems encountered. PenTeleData will not be responsible for additional difficulties, including but not limited to loss of data, interruption of service, interruption of information service, interruption of\or loss of business services dependent on PenTeleData services, arising out of solutions presented by technical support representatives.
- PenTeleData is not responsible for nor will the customer hold PenTeleData liable for any long distance telephone charges accrued.
- Technical support for Unlimited Access accounts is limited to Internet and email configuration. Technical support for Email only accounts is strictly limited to email configuration.
- PenTeleData support of any third-party service, product, or application is at the discretion of PenTeleData representatives and may be discontinued at any time.
- Verbal or written abuse of PenTeleData employees may result in the termination of the customer account, and/or involvement of Federal, State, or Local law enforcement officials.
- PenTeleData reserves the right to notify, via email, customers of network upgrades, scheduled network downtime, and any communications with customers PenTeleData deems appropriate for email to its customers.
Customer Privacy: PenTeleData will not release to unrelated third parties information which you provided in your Account Application including name, address, credit card numbers, bank account numbers, except for the purpose for which it was provided (purposes include, without limitation, third party email service providers) unless requested to do so by law enforcement officials, in response to a subpoena or other court order, in case of emergency as determined by PenTeleData in its sole discretion, in the event of litigation by Company against Customer, or the sale or merger of the company. PenTeleData will use reasonable efforts to notify Customer’s prior to the release of information in response to civil subpoenas and court orders, but not in response to law enforcement requests. PenTeleData does not assert jurisdictional defenses or otherwise attempt to quash US based subpoenas or court orders. It is the customer’s responsibility to assert defenses to subpoenas or court orders.
Information Integrity: The risk as to quality, performance and accuracy of any information or software obtained through our service is exclusively with the customer. PenTeleData does not warrant any and all such electronic information nor will it be held responsible for any damages caused by such data.
Commercial Use: Web pages provided as part of the Internet Access Service are for residential use only. PenTeleData prohibits commercial use of these Web Pages. The offending page must be altered or removed upon a warning being issued or access to it will be denied. This includes but is not limited to commercial advertising, commercial banners, etc. Commercial web pages are available at additional charges. Information can be found at firstname.lastname@example.org.
Third Parties Purchases: PenTeleData is not responsible for merchandise or services purchased from independent sellers on PenTeleData systems or systems accessible through PenTeleData. This includes, but is not limited to, purchase terms, warranties, guarantees, maintenance or deliveries. PenTeleData is not party to such transactions and is not liable for any costs or damages arising out of, either directly or indirectly, the actions or inactions of sellers.
Virus Scanning: As a service to our customers and for the protection of the PenTeleData Network, PenTeleData may scan incoming and outgoing email for viruses. PenTeleData does not read email in this process. An automated process checks email to see if it contains viruses. If a virus is detected, for your systems safety and the safety of the PenTeleData network, your email containing the virus will be quarantined and if necessary, your account may be frozen in an attempt to prevent further infections. This service is a first line defense against viruses. It is not intended to be nor should it be relied upon to be your sole source of virus protection. We strongly encourage all of our Users to use any of the commercially available anti-virus software such as McAfee or Norton Anti-Virus. Because no virus scan is 100% effective or reliable, PenTeleData cannot be held liable for any damage to any computer, software, any peripherals or any data caused by any virus(es). The limitation on liability included in this AUP specifically applies to the virus scanning process.
Customer Network Security: Customer must use reasonable security methods to protect the PenTeleData Network from Illegal Activities as defined herein, including viruses, worms, etc. Reasonable Security methods include, without limitation, maintaining current security operating system patches, proper configuration of wireless devices, routers, switches or other networking devices. Failure to utilize reasonable security methods may result in immediate termination of service without notice if PenTeleData determines that termination is necessary to protect its network.
Illegal activities will not be tolerated. The following is a partial list of activities deemed illegal. These activities as well as those deemed illegal by local, state or federal law enforcement agencies will be in violation of this Acceptable Usage Policy.
Unlawful Use: PenTeleData is not to be used for purposes contrary to Federal, State, or Local ordinances, regulations or statutes. Copyrighted, patented or trademarked materials are subject to the Intellectual Property Provisions of this Policy. Additionally, you may not, by use of any PenTeleData or another service, upload, post or otherwise distribute or facilitate distribution of any content, including text, communications, software, images, sounds, data, or other information that contains viruses, corrupted files, or any other similar software or programs that may damage the operation of another's computer.
Chain Letters: You agree not to post or transmit letters or messages, on or through PenTeleData systems, which offer a product or service based upon the structure of a chain letter. These activities may result in the immediate and permanent termination of your customer privileges.
Child Pornography: You agree not to post, transmit, display, receive or distribute visual depictions in any form involving the use of minors engaging in sexually explicit conduct. The posting, displaying, transmitting, receiving or distribution of said depictions will result in the reporting of such activities to local, state or federal law enforcement agencies.
Hacking, Cracking, Phreaking: PenTeleData customers agree not to probe, scan, access, or breach the security of any PenTeleData system or any system accessible through PenTeleData without authorization or exceeding authorized access. You agree not to attempt to gain access to or modify any other User's account. You agree not to interfere with or attempt to prohibit, restrict or alter the normal operations of PenTeleData systems or any other systems accessible through PenTeleData. Hacking, cracking, phreaking, etc. may result in the immediate and permanent termination of your customer privileges.
Unauthorized Monitoring: You agree not to monitor the traffic or data on any PenTeleData system or any system accessible through PenTeleData without authorization or exceeding authorized access.
Denial of Service: You agree not to abuse any system or any system accessible through PenTeleData, by inhibiting or causing a denial of service (e.g. any Internet Protocol based flood attack) of other Users to effectively utilize such system. Denial of service attacks will result in the immediate and permanent termination of your customer privileges.
Stalking/Harassment: The Stalking, Harassment, Badgering, bothering, taunting or other offensive behavior towards another User of a PenTeleData system or any system accessible through PenTeleData by electronic means (e.g. IRC, Email, newsgroups, etc.) is prohibited by PenTeleData. These activities may result in the immediate and permanent termination of your customer privileges. These activities may border on criminal depending upon circumstances and could result in the immediate termination of a customer's User privileges.
Spoofing: Assuming the IP Address of another User or sourcing traffic from an IP address that was not assigned to you by PenTeleData. Assuming the IP address of another User not only denies service to the rightful owner of that IP Address, but it is also considered a hostile act by PenTeleData and subject to immediate and permanent termination of the offender's account.
Obscene: The personal use of or commercial distribution of vulgar language, sexually suggestive language, obscene language, obscene images or vulgar images which are transmitted, posted, or displayed are prohibited to traverse any PenTeleData system or any system accessible through PenTeleData. Obscenities may result in the immediate and permanent termination of your customer privileges. These activities may border on criminal depending upon circumstances and could result in Federal, State or Local Law Enforcement involvement.
Account Fraud: Knowingly using another customer's account on any PenTeleData system or on any system accessible through PenTeleData without their authorization, or in excess of authorized access risks the immediate and permanent termination of customer privileges.
Copyrighted Material: You agree not to post, transmit, display, or distribute through PenTeleData any content that infringes on a third party's copyright, trademark, service mark, or trade secret without the expressed written consent of the third party.
Law Enforcement: PenTeleData will fully cooperate with any Federal, State or Local Law Enforcement Agency (after receipt of a requisite subpoena) in the investigation and prosecution of any crime involving PenTeleData's customers or its service.
PenTeleData provides its customers with free Residential Homepages. The purpose of the homepage is to give PenTeleData customers the opportunity to create a page on the World Wide Web. PenTeleData is not responsible for the content of any Residential Home Pages. The account holder is solely responsible and by posting a residential home page specifically agrees to indemnify and hold PenTeleData harmless, including reasonable attorney’s fees, for any liability arising out of or connected in any manner to the Residential Home Page. Customers are responsible and are solely legally accountable for all liability including but not limited to defamatory comments, copyright and trademark violations. Residential home pages are not to contain profanity and obscenities. The substitution of alternate characters in place of letters for profanity is not permissible. Residential Home Pages may not contain banner advertisements promoting commercial or monetary gain.
PenTeleData does not preview any Residential Home page prior to posting. PenTeleData does not verify, endorse, review or otherwise involve itself in the page before it is posted. PenTeleData reserves the right to remove any page from the system without warning.
Unacceptable Content for Residential Home Pages
The following are prohibited:
- Advertising products or services by non-profit entities (such as Charitable Organizations, Professional Societies, Service Groups) as well as for profit entities.
- Display of Advertisements, including banner exchange services.
- Conducting raffles, lotteries, or contests.
- Pages that are patently offensive, as determined by PenTeleData, including but not limited to bigotry, racism, hatred and profanity.
- Pages that promote physical harm or injury to any group or individual.
- Pages that contain nudity, pornography or obscenities of any kind.
- Pages that promote illegal activities including but not limited to hacking, cracking, warez, denial of services, phreaking, etc.
- Password only and restricted access pages.
- Pages with hidden images or pages.
- Pages with unauthorized third party copyrighted, trademarked, service marked, or trade secret materials.
- Use of the page that would otherwise violate the PenTeleData Acceptable Usage Policy or Service Agreement.
PenTeleData customers have access to a vast quantity of information on the Internet. Some of that information is the intellectual property of others, which carries restrictions on its copying and usage. Intellectual property rights are held by the owners/creators of the work and are protected by copyright, trademark, and patent law. Many works include the symbols © to designate copyright, ™ to indicate trademark, and ® to indicate a registered trademark. The lack of any symbol, however, does not mean that the law does not protect the work.
PenTeleData is committed to complying with intellectual property laws and requires all customers and users of our Internet service to comply with these laws. PenTeleData also requires all users of its web hosting service to comply with these laws.
PenTeleData is part of the global Internet connection that links PenTeleData customers to web based news, USENET, and mailing lists to users not part of the PenTeleData domain. By an automated computer process, PenTeleData receives articles from other USENET servers, web based news servers, mailing lists, and makes the articles posted from those services available to PenTeleData customers. The articles will normally, automatically expire at a predetermined time. PenTeleData does not have the ability to control the contents of any posted articles or distributed information. PenTeleData is simply a conduit for transferring the articles to and from its users.
PenTeleData complies with the Digital Millennium Copyright Act (“DMCA”) and provides a method for copyright holders to alert us to any possible infringements by our customers. Upon receipt of proper notification, PenTeleData will either remove the allegedly infringing content or suspend/terminate service, whichever is applicable.
If you are a copyright owner and hold a good faith belief that your copyright is being violated by a PenTeleData customer, you may submit a Notification of Violation (“Notification”) that complies with the DMCA to the contact, below.
Please note that under the DMCA, anyone who knowingly makes misrepresentations regarding alleged copyright infringement may be liable to PenTeleData, the alleged infringer, and/or the affected copyright owner for any damages incurred with the removal, blocking, or replacement of allegedly infringing material.
Customer Service Manager
PenTeleData LP 1
540 Delaware Avenue
Palmerton, PA 18071
The Notification must include:
- Identification of the allegedly infringed work(s);
- Identification of the allegedly infringing work(s) and specific reference to its location on the Service;
- Contact information—address, telephone number, and email address;
- Your signature—physical or electronic;
- Statement that you have a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law; and
- Statement that the information in notification is accurate, and under penalty of perjury, that you are authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.
PenTeleData will then forward DMCA notification(s) to the appropriate customer.
If you, the customer, have received a notification, you then have the opportunity to file a counter notification. This counter notification must be in writing and sent to the contact information, above. It must include:
- Your signature—physical or electronic;
- Identification of material that has been removed or to which access has been disabled and the location at which the material appeared before it was removed/disabled;
- Statement under penalty of perjury that you have a good faith belief that the material was removed/disabled as a result of mistake or misidentification of the material to be removed/disabled;
- Contact information—name, address, and phone number; and
- Statement that you consent to the jurisdiction of Federal District Court for the judicial district in which the address is located, or if your address is outside the US, for any judicial district in which PenTeleData may be found, and that you will accept service of process from the person who provided notification or an agent of such person.
THIS INFORMATION IS PROVIDED TO YOU FOR INFORMATIONAL PURPOSES ONLY, AND IS NOT INTENDED AS LEGAL ADVICE. YOU MAY WISH TO CONSULT WITH AN ATTORNEY.
Terms and Conditions
It is advisable to be familiar with PenTeleData 's billing rules in order to prevent billing disputes. The sooner a billing dispute is brought to our attention, the easier it will be to resolve to everyone's satisfaction. We are unaware of a problem unless it is brought to our attention by either calling the Billing Department at 1-800-281-3564 or emailing to email@example.com
Age Limitation: A customer must be a minimum of 18 years of age in order to subscribe to PenTeleData service.
Pro-rated: first month of service may be pro-rated. The first full month of service commences on the first billing date following the account set-up date.
Billing Begins: Billing for dialup services begins on the date the account is created. Dedicated or Commercial billing begins upon date of installation.
Telephone Charges: PenTeleData will not be held responsible for any telephone charges including long distance, per-minute surcharges or equipment costs incurred by the customer. These charges are exclusively between the customer and the telephone provider. The customer should always check first with their local telephone company prior to using any dial-up telephone number.
Residential Rate Change: PenTeleData reserves the right to change monthly recurring fees, connection fees, and equipment fees or to add new fees at any time with 30 days prior notice. If service has been prepaid, the new charges will not become effective until the expiration of the pre-payment.
Billing Disagreement: Any disagreement or dispute concerning a bill must be made within 30 days of the billing date. Charges disputed after this period of time will not be considered negotiable.
Credit Card Dispute: A $30.00 Credit Card Dispute (the Credit Card Company charge back) charge will be applied to a customer's account when that customer disputes a charge with their card company prior to bringing the complaint to PenTeleData’s attention, always notify us first of any billing questions.
Credit Card Use: A customer must not attempt to place an order or make a payment to PenTeleData with an expired, false, or unauthorized credit card. The fraudulent customer's service will be terminated and the customer may be reported to the appropriate law enforcement agency.
Credit Card Payments: When a customer wishes to change from credit card payments to monthly/quarterly direct invoicing, it is their responsibility to notify our Billing Department. PenTeleData will not authorize charge backs to credit card companies if we have not received prior notification of this change in billing procedures. Credit cards will be billed during the first week of your billing cycle. Billing cycles are assigned.
Credit Termination: PenTeleData reserves the right to terminate access to PenTeleData accounts immediately without notice, upon the rejection of any credit card charges, or non-payment by the financial institution.
Immediate Notification Required:
A customer must promptly notify PenTeleData of any of the following changes to:
- Expiration Date of a credit card used to make payments for our services.
- Changes in the customer's home address or billing address.
- Any suspected breaches of security such as: theft, loss or unauthorized use of a credit card, bank or credit union account or ID or password.
Service Termination: PenTeleData reserves the right to terminate access to any PTD account immediately and without notice at its sole discretion, or upon violation of this policy, rejection of any credit card charges, non-payment by the bank or credit union of authorized charges or any other indication of credit problems such as bankruptcy filings.
Termination of Service: Customers wishing to terminate access services with PenTeleData are required to give 30 days written notice prior to the date of cancellation. A customer cannot assume that their account automatically terminates when their payment remittances cease.
Introductory Offer: PenTeleData reserves the right to offer introductory rates and specials limited to new customers. If you have become a new PenTeleData customer within the previous 7 days, you are eligible for the introductory specials.
Bankruptcy: Upon notice that a customer has filed bankruptcy, at its option, PTD may terminate service or require that customer pay 2 months advance on future service and a $35 administrative fee.
Returned-Check: PenTeleData will charge $20 for any returned check.
Post-Dated Checks: PenTeleData will not honor posted dated checks. In the event of delinquency, the customer agrees to pay a 15% collection fee plus court costs in addition to the amount owed.
PLEASE NOTE: PenTeleData may impose and customer agrees to pay a late fee for all past due payments of 1.5% per month, 18% annual. In the event that customer fails to pay PenTeleData, all amounts due under this agreement and PenTeleData refers this matter to an attorney, customer agrees to pay, in addition to the amount due, any and all costs incurred by PenTeleData as a result to such action, including a reasonable attorney's fee.