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Internet Services Agreement

Lorettotel.net Internet Service including any Equipment and Software used in conjunction therewith, are referred to collectively herein as the “Service”. The Service consists of Internet Protocol (“IP”) connectivity to the Lorettotel.net Internet Service online gateway, as well as access or connectivity to any of the information sources or services which may be provided by Lorettotel.net or be available from other service providers connected to Lorettotel.net Service. Some of these additional services may be provided without charge to users of Lorettotel.net’s Service, but separate charges may be applicable to some of these other services. These charges may appear on your bill from Lorettotel.net, or they may be billed to you separately by the providers of such services. Some other providers may also have additional registration or eligibility requirements in order to use their services. LORETTOTEL.NET MAY MODIFY, DISCONTINUE OR REVISE ANY OR ALL ASPECTS OF THE SERVICE IN ITS SOLE DISCRETION AND WITHOUT PRIOR NOTICE.

Service Description: Lorettotel.net Dialup & DSL plans are best effort services. The actual speeds experienced by customers may vary and greatly depend on several factors including customer location, destination on the Internet, traffic on the Internet, interference on the customer’s telephone line, etc. No minimum level of speed is guaranteed. Lorettotel.net DSL Service includes access to a back-up dial-up account. This account is intended to be used in the event that DSL service is interrupted. The back-up dial account provides unlimited usage for customers at no additional cost to the customer. Customers are responsible for any long distance charges that may be incurred for all back-up dial usage.

By posting updated versions of this Agreement on the Lorettotel.net Internet Services website (www.lorettotel.net) (the “Website”) or otherwise providing notice to you, Lorettotel.net may modify the terms of this Agreement. You agree to visit the Website periodically to be aware of and review any such revisions. All such changes shall become effective upon posting of the revised Agreement on the Website, as to Service used by you after the date of such changes. By continuing to use the Service after revisions are in effect, you accept and agree to the revisions and to abide by them. If you do not agree to the revisions you must terminate your Service immediately.
This Agreement for the use of the Service will be in effect from the date your order is completed by Lorettotel.net. This Agreement and your use of the Service may be terminated by Lorettotel.net at any time with or without notice for your non-payment or other default.
The rates and charges for the Service shall be as set forth in our pricing plan, a copy of which will be available upon request. Rates and charges, and other terms and conditions of the Service, are subject to change by Lorettotel.net from time to time by notice to you provided on the Service or otherwise. You will be billed monthly for usage of the Service and for any other services utilized by you or other users of your account which are billed for by Lorettotel.net in connection with the Service (including any applicable taxes), either directly by Lorettotel.net or through your designated credit or debit card company. If you choose to pay by credit card or debit card, you must provide Lorettotel.net with a valid credit or debit card number and specified account information from a debit or credit card issuer. By providing such information you authorize your card issuer, bank or financial institution to charge or debit your corresponding account for all charges arising from your use of the Services. You authorize Lorettotel.net to automatically charge the credit or debit card account for any such charges. You may elect to authorize Lorettotel.net on a monthly basis to automatically charge the credit card account, or to deduct from the debit card account, for payment of all sums due each month to Lorettotel.net for use of the Service, as defined and agreed to at the time of purchase of the Service. You authorize the card issuer to accept these charges or debits as valid under your card agreement. You agree to notify Lorettotel.net of any change to the credit or debit card information including, but not limited to, changes in account number, expiration date or billing address. Lorettotel.net shall not be responsible for any charges made by the credit or debit card issuer, bank or financial institution to your credit or debit card account for exceeding credit limit, insufficient funds or any other reasons. Lorettotel.net reserves the right to terminate your Service and your participation in this payment and billing plan without further notice due to reversals of payments, insufficient funds, or for any other abuses related to your card account. When payment is made by credit card or debit card, payment will also be subject to the terms and conditions established by the credit or debit card issuer. You may cancel your authorization to pay by credit or debit card by calling the Lorettotel.net Billing Desk at 931-853-4351.
You agree that you will be the only user of your account ID and password and that you will not transfer or disclose either your account ID or password to any other person (except that you may at your own risk and on your own responsibility permit other members of your family or business associates to access the Service using your account ID and password), and that you will be responsible for all usage of the Service and any other services accessed through the Service on your account whether or not authorized by you. You agree to pay the applicable fees as set forth in your billing statement by the due date, and to pay any fees incurred for late payment. You agree not to transmit or publish on or over the Service any information, software or other content, which violates or infringes upon the rights of any others or to use the facilities and capabilities of the Service to conduct any business or activity or solicit the performance of any activity which is prohibited by law. You agree to comply with all applicable laws, rules and regulations in connection with the Service. You acknowledge that you are aware that certain content, services or locations of the Service or of other parties that may be accessible through the Service may contain material that is unsuitable for minors (persons under 18 years of age). You agree to supervise usage of the Service by any minors whom you permit to use the Service. Lorettotel.net reserves the right to terminate your use of the Service in the event that you fail to comply with these requirements in connection with your use of the Service.
You are responsible for management of your information including but not limited to back-up and restoration of data, erasing data from disk space you control and changing data on or settings for your modem and/or router. Lorettotel.net is not responsible for the loss of your data or for the back-up or restoration of your data regardless of whether this data is maintained on our servers or your computer or server. LORETTOTEL.NET STRONGLY RECOMMENDS THAT YOU BACK UP ANY EMAILS YOU STORE ON WEBMAIL.
YOU EXPRESSLY AGREE THAT USE OF THE SERVICE IS AT YOUR SOLE RISK. NEITHER LORETTOTEL.NET NOR ANY OF ITS UNDERLYING SERVICE PROVIDERS, INFORMATION PROVIDERS, LICENSORS, EMPLOYEES, OR AGENTS WARRANT THAT THE SERVICE WILL BE UNINTERRUPTED OR ERROR FREE; NOR DOES LORETTOTEL.NET OR ANY OF ITS UNDERLYING SERVICE PROVIDERS, INFORMATION PROVIDERS, LICENSORS, EMPLOYEES, OR AGENTS MAKE ANY WARRANTY AS TO THE RESULTS TO BE OBTAINED FROM USE OF THE SERVICE. THE SERVICE IS DISTRIBUTED ON AN “AS IS”, “AS AVAILABLE” BASIS WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO WARRANTIES OF TITLE OR IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE OR OTHERWISE, OTHER THAN THOSE WARRANTIES (IF ANY) WHICH ARE IMPLIED BY AND INCAPABLE OF EXCLUSION, RESTRICTION, OR MODIFICATION UNDER THE LAWS APPLICABLE TO THIS SERVICE AGREEMENT, ALL SUCH WARRANTIES BEING EXPRESSLY DISCLAIMED. NEITHER LORETTOTEL.NET NOR ANY OF ITS UNDERLYING SERVICE PROVIDERS, INFORMATION PROVIDERS, LICENSORS, EMPLOYEES, OR AGENTS SHALL HAVE ANY LIABILITY FOR INCIDENTAL, CONSEQUENTIAL, INDIRECT OR SPECIAL DAMAGES SUFFERED BY YOU OR ANY OTHER PARTY AS A RESULT OF THE OPERATION OR MALFUNCTION OF THE SERVICE, REGARDLESS OF WHETHER OR NOT SUCH PARTIES HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. YOU EXPRESSLY ACKNOWLEDGE THAT THE PROVISIONS OF THIS SECTION SHALL ALSO APPLY TO ALL CONTENT OR OTHER SERVICES AVAILABLE THROUGH THE SERVICE. YOU AGREE THAT YOU WILL NOT IN ANY WAY HOLD LORETTOTEL.NET RESPONSIBLE FOR ANY SELECTION OR RETENTION OF, OR THE ACTS OR OMISSIONS OF, THIRD PARTIES IN CONNECTION WITH THE SERVICE (INCLUDING THOSE WITH WHOM LORETTOTEL.NET MAY CONTRACT TO OPERATE VARIOUS AREAS ON THE SERVICE).
Your sole and exclusive remedy for any failure or non-performance of the Service (including any associated software or other materials supplied in connection with the Service) shall be for Lorettotel.net to use commercially reasonable efforts to effectuate an adjustment or repair of the Service and upon your request, to receive a pro-rata credit of charges payable for the Service for the period of Service downtime.
In the event that a court should hold that the limitations of liabilities or remedies available as set forth in this Agreement, or any portions thereof, are unenforceable for any reason, or that any of your remedies under this Agreement fail in their essential purpose, or that your remedies are not otherwise addressed in this Agreement, you expressly agree that under no circumstances shall Lorettotel.net’s total liability to you or any party claiming by, through or under you for any cause whatsoever, and regardless of the form of action, whether in contract or in tort, including but not limited to claims of negligence, and claims arising from or related to repairs or support of the Service, in the aggregate, exceed the amount of charges paid by you for use of the Service under this Agreement during the twelve-month period preceding the date such claim first arose. With respect to residential claims, nothing in this Section 9 limits damages that are conclusively determined to be the direct result of Lorettotel.net’s willful or intentional misconduct.
You shall indemnify and hold harmless Lorettotel.net and any of its underlying service providers, information providers, licensors, employees or agents from and against any and all claims, demands, actions, causes of action, suits, proceedings, losses, damages, costs, and expenses, including reasonable attorneys fees, arising from or relating to your use of the Service, or any act, error, or omission of you or any user of your account in connection therewith, including, but not limited to, matters relating to incorrect, incomplete, or misleading information; libel; invasion of privacy; infringement of a copyright, trade name, trademark, service mark, or other intellectual property; any defective product or any injury or damage to person or property caused by any products sold or otherwise distributed through or in connection with the Service; or violation of any applicable law.
You may use, copy and distribute the materials found on the Service for internal, noncommercial, informational services only. All copies that you make of the material must bear any copyright, trademark or other proprietary notice, which pertain to the material being copied. Except as authorized in this paragraph, you are not being granted a license under any copyright, trademark, patent or other intellectual property right in the material or the products, services, processes or technology described therein. All such rights are retained by Lorettotel.net, its affiliates and/or any third party owner of such rights. The Lorettotel.net company names and logos and all related product and service names, design marks and slogans are the property of Lorettotel.net or its affiliates. You are not authorized to use any Lorettotel.net name or mark in any advertising, publicity or in any other commercial manner without the prior written consent of Lorettotel.net. Any feedback, data, answers, questions, comments, suggestions, ideas or the like, which you send to Lorettotel.net will be treated as being non-confidential and nonproprietary. Lorettotel.net assumes no obligation to protect such information from disclosure and will be free to reproduce, use, and distribute the information to others without restriction. Lorettotel.net will also be free to use any ideas, concepts, know-how or techniques contained in such information for any purpose whatsoever including but not limited to developing, manufacturing and marketing products and services incorporating such information. Lorettotel.net may also use your status as a subscriber to the Service for the purpose of marketing to you other Lorettotel.net products and services.
Nothing contained in this Agreement may be construed to convey to you any interest, title or license in the User ID, email address, password, Universal Resource Locator, IP address, or domain name used by you in connection with the Service. Lorettotel.net may alter or replace them at any time.
All product and service marks contained on or associated with the Service that are not Lorettotel.net marks are the trademarks of their respective owners. References to any names, marks, products or services of third parties or hypertext links to third party sites or information do not necessarily constitute or imply Lorettotel.net’s endorsement, sponsorship or recommendation of the third party, information, product or service.
If any Internet browser or other software has been provided to you for use with the Service, you agree to be bound by and to comply with the terms and conditions of the separate software license, which is applicable to and was provided to you along with such software.
You acknowledge that Lorettotel.net may limit the maximum number of days that email messages will be retained by the Service; the maximum number of email messages that may be sent from or received by an account on the Service, and; the maximum size of any email message that may be sent from or received by an account on the Service. Lorettotel.net reserves the right to delete any email messages associated with your account that reside on Lorettotel.net servers.
You agree that if your Service is terminated for any reason, Lorettotel.net has the right to immediately delete all data, files, and other information stored in or for your account, including email messages and Personal Webpages, without further notice to you.
PLEASE READ THIS SECTION 18 CAREFULLY. THIS SECTION SETS FORTH THE PROCEDURE FOR THE RESOLUTION OF DISPUTES UNDER THIS AGREEMENT THROUGH FINAL AND BINDING ARBITRATION BEFORE A NEUTRAL ARBITRATOR INSTEAD OF IN A COURT BEFORE A JUDGE OR JURY OR THROUGH CLASS ACTION. THIS DOES NOT CHANGE CERTAIN RIGHTS YOU HAVE TO OBTAIN RELIEF FROM A FEDERAL OR STATE REGULATORY AGENCY. EXCEPT AS PROVIDED IN THIS SECTION 18, ALL DISPUTES ARISING OUT OF OR RELATED TO THIS AGREEMENT, (WHETHER BASED IN CONTRACT, TORT, STATUTE, FRAUD, MISREPRESENTATION OR ANY OTHER LEGAL OR EQUITABLE THEORY), INCLUDING ANY DISPUTE BASED ON ANY SERVICE OR ADVERTISING RELATED TO THIS AGREEMENT, SHALL BE RESOLVED BY FINAL AND BINDING ARBITRATION, WHICH SHALL BE GOVERNED BY THE FEDERAL ARBITRATION ACT (“FAA”), 9 U.S.C. §§ 1-16. IF YOU HAVE A DISPUTE THAT MEETS THE SMALL CLAIMS COURT REQUIREMENTS IN THE STATE IN WHICH YOU RECEIVE SERVICE, YOU MAY TAKE SUCH DISPUTE TO SMALL CLAIMS COURT RATHER THAN TO ARBITRATION. THE ARBITRATION WILL BE CONDUCTED BY ONE ARBITRATOR USING THE PROCEDURES DESCRIBED IN THIS SECTION 18. YOU HAVE THE RIGHT TO BE REPRESENTED BY COUNSEL IN AN ARBITRATION. THE ARBITRATOR SHALL BE BOUND BY AND STRICTLY ENFORCE THE TERMS OF THIS AGREEMENT. THE ARBITRATOR MAY NOT LIMIT, EXPAND OR OTHERWISE MODIFY THE TERMS OF THIS AGREEMENT IN CONDUCTING THE ARBITRATION AND MAKING ANY AWARD. THE ARBITRATION WILL BE BASED SOLELY ON THE WRITTEN SUBMISSIONS OF THE PARTIES AND THE DOCUMENTS SUBMITTED RELATING TO THE DISPUTE. ANY IN-PERSON ARBITRATION WILL BE CONDUCTED AT A SELECTED LOCATION IN THE STATE OF YOUR PRIMARY RESIDENCE OR PLACE OF BUSINESS. ARBITRATIONS UNDER THIS AGREEMENT SHALL BE CONFIDENTIAL TO THE EXTENT PERMITTED BY LAW. THE ARBITRATION OF ANY DISPUTE UNDER THIS AGREEMENT SHALL BE CONDUCTED IN ACCORDANCE WITH THE APPLICABLE ARBITRATION RULES AND FEE SCHEDULES OF THE AMERICAN ARBITRATION ASSOCIATION (“AAA”), AS MODIFIED BY THIS AGREEMENT. THE APPLICABLE AAA RULES SHALL BE THOSE RULES WHICH GOVERN THE AMOUNT OF THE DISPUTE INVOLVED AND WHICH ARE IN EFFECT ON THE DATE A DISPUTE IS SUBMITTED TO THE AAA. DISPUTES UNDER THIS AGREEMENT MAY NOT BE (A) RESOLVED ON A CLASS-WIDE BASIS, (B) JOINED WITH A DISPUTE IN A LAWSUIT, OR (C) JOINED IN AN ARBITRATION WITH A DISPUTE OF ANY OTHER PERSON. THE ARBITRATOR MAY NOT AWARD, AND YOU AND LORETTOTEL.NET WAIVE ANY CLAIMS FOR AWARDS FOR, PUNITIVE DAMAGES OR ATTORNEYS’ FEES OR ANY DAMAGES THAT ARE BARRED BY THIS AGREEMENT, UNLESS SUCH DAMAGES ARE EXPRESSLY AUTHORIZED BY A RELEVANT STATUTE. ANY CLAIM OR DISPUTE ARISING OUT OF OR RELATING TO THIS AGREEMENT MUST BE BROUGHT WITHIN TWO YEARS AFTER THE DATE THE BASIS FOR THE DISPUTE OR CLAIM FIRST ARISES. BEFORE LORETTOTEL.NET TAKES A DISPUTE TO ARBITRATION, WE WILL FIRST ATTEMPT TO RESOLVE THE DISPUTE BY CONTACTING YOU. BEFORE YOU ELECT TO TAKE A DISPUTE TO ARBITRATION OR TO SMALL CLAIMS COURT, YOU MUST FIRST GIVE US AN OPPORTUNITY TO RESOLVE THE DISPUTE BY CONTACTING US AT THE CUSTOMER SERVICE NUMBER ON YOUR LORETTOTEL.NET INTERNET SERVICE BILL FOR THE SERVICES, OR WRITE TO US AT LORETTOTEL.NET, 136 SOUTH MAIN STREET, P.O. BOX 130, LORETTO, TN 38469.
Lorettotel.net shall not be responsible for any delay in delivery or performance of any of its duties hereunder due to acts of God, acts or omissions of any regulated telephone network or any other occurrence commonly known as force majeure. Your right to use the Service is not transferable and is subject to any limits established by Lorettotel.net, and by your credit or debit card company if billing is through a credit or debit card. This Agreement and the Service shall be governed by the laws of the State of Tennessee, without regard to its conflicts of laws provisions. If any provision or provisions hereof shall be held to be invalid, illegal, or unenforceable, the validity, legality, and enforceability of the remaining provisions shall not be in any way affected or impaired thereby. This Agreement and any modifications published by Lorettotel.net over the Service, and the Pricing Terms and Conditions applicable to your Service, constitute the entire and only agreement between you and Lorettotel.net with respect to the Service and supersede all other communications and agreements with regard to the subject matter hereof. You are responsible for and must provide all telephone and other equipment, software (other than any hardware and software that may be provided by Lorettotel.net) and to access the Service, including any inter-exchange (interLATA) long distance service, which must be provided by the carrier or other provider of your choice. The reliability, availability and performance of resources accessed through the Internet or other services connected to Lorettotel.net’s Service are beyond Lorettotel.net’s control and are not in any way warranted or supported by Lorettotel.net. You acknowledge that safeguards relative to copyright, ownership, decency, reliability and integrity of content may be entirely lacking with respect to the Internet or other services or content accessible through Lorettotel.net’s Service. You assume all risk and liability of your use of the Internet or other services or content accessible through Lorettotel.net’s Service, including your continuous compliance with this Agreement. Important notices about the Service and/or your account may be sent to you via email to your Lorettotel.net email address or via telephone calls to your billing telephone number. Your use of the Service constitutes your consent to receive such emails and/or telephone calls.

Telecommunications Access for People with Disabilities

The Federal Communications Commission (FCC) has rules requiring telecommunications equipment manufacturers and service providers to make their products and services accessible to people with disabilities, if such access is readily achievable. These rules implement Section 255 of the Communications Act. Where access is not readily achievable, Section 255 requires manufacturers and service providers to make their devices and services compatible with peripheral devices and specialized customer premises equipment that are commonly used by people with disabilities, if such compatibility is readily achievable. The FCC has determined that interconnected Voice over Internet Protocol (VoIP) providers must comply with Section 255.

The FCC’s rules cover all hardware and software telephone network equipment and customer premises equipment (CPE). CPE is telecommunications equipment used in the home or office (or other premises) to originate, route or terminate telecommunications. Examples of CPE are telephones, fax machines, answering machines and pagers. CPE that provides both telecommunications and non-telecommunications functions is covered only to the extent it provides telecommunications functions. The FCC’s rules cover basic and special telecommunications services, including regular telephone calls, call waiting, speed dialing, call forwarding, computer-provided directory assistance, call monitoring, caller identification, call tracing and repeat dialing. In addition, the rules cover interactive voice response (IVR) systems and voice mail. IVR systems are phone systems that provide callers with menus of choices.

Accessible: A product or service is deemed accessible if it provides accessible input, control and mechanical functions, as well as accessible output, display and control functions. For example, a pager that has both audio and visual controls for inputting information, as well as both audio and visual methods for retrieving messages, would be accessible to a person who is blind or deaf. Usable: For a product or service to be usable, people with disabilities must be able to learn about and operate the product’s or service’s features effectively. This requirement includes providing access to information and documentation for the product or service, including instructions and user guides. In addition, companies must provide functionally equivalent access to support services, such as technical support hotlines and databases, call centers, service centers, repair services and billing services. Compatible: The FCC requires that, where accessibility is not readily achievable, a product or service must be made compatible with peripheral devices or specialized customer premises equipment (SCPE), if compatibility is readily achievable. Peripheral devices are devices that help make telecommunications products and services accessible to individuals with disabilities. Examples are teletypewriters (TTYs), visual signaling devices and amplifiers. SCPE includes equipment, commonly used at the premises of a person with a disability, to achieve access in the origination, routing or termination of calls and other telecommunications contacts. Direct-connect TTYs (TTYs that connect directly to the telephone network) are considered to be SCPE. Assistive technology devices, such as hearing aids or eyeglasses, that have a broad application outside the telecommunications context, are not themselves peripheral equipment or SCPE, even if they are used in conjunction with peripheral equipment or SCPE. To achieve compatibility, the FCC rules require:

  • external electronic access to all information and control mechanisms;
  • a connection point for external audio processing devices;
  • the ability to connect with TTYs; and
  • the ability to use TTY signals.

Companies should engage in a number of activities to identify barriers to accessibility and usability. For example:

  • When conducting market research, product design, testing, pilot demonstrations and product trials, companies should include individuals with disabilities in target groups for such activities;
  • Companies should work cooperatively with disability-related organizations; and
  • Companies should undertake reasonable efforts to test access solutions with people with disabilities.

Manufacturers and service providers must evaluate the accessibility, usability and compatibility of their equipment and services as early and consistently as possible throughout their design, development and manufacture. In addition, companies must review their products for accessibility at every “natural opportunity,” including when they re-design products, upgrade services, or significantly change the way they group together product and service packages. Cosmetic changes that do not change the product’s actual design, such as changes in the color, make, model name or designation of a product, may not trigger the need to reevaluate access.

Features that can be incorporated into the design of products or services with very little or no difficulty or expense must be put in each and every product. In some, but not all, products and services, incorporating access features may be readily achievable. In these instances, companies have the flexibility to distribute access features across product or service lines, so long as the companies implement all features that are readily achievable.
The “readily achievable” standard requires companies to incorporate access features that are easily accomplishable without much difficulty or expense. In determining what is readily achievable, companies must balance the costs and nature of the access required with their available resources. Companies that have great resources will need to do more to achieve access than companies with smaller budgets. The FCC will make readily achievable determinations on a case-by-case basis. A company may not need to provide access when the access feature would so fundamentally alter the product that it would substantially reduce the functionality of the product, make some features unusable, substantially impede or deter use of the product by other individuals, or substantially and materially alter the shape, size or weight of the product. Similarly, a company is not obligated to incorporate an access feature that is not technically possible. Companies wishing to use these defenses, however, must provide evidence to back up their positions.
In addition to covering equipment and services, the FCC’s rules require network architecture to be designed in a way that does not hinder access by people with disabilities. Network architecture covers the public switched telephone network, and includes hardware or software databases associated with routing telecommunications services.

Although not required to do so, consumers may first wish to contact a manufacturer or service provider before filing a complaint with the FCC. Manufacturers and service providers have provided the FCC with contact information for the individuals and offices within their companies that are responsible for handling accessibility concerns and grievances. Consumers can find this contact information on the FCC’s Disability Rights Office website.

The FCC can impose a variety of penalties on companies that do not comply with Section 255, including proposing fines (against telephone companies only), cease and desist orders, and in extreme cases, requiring retrofitting products to make them accessible to people with disabilities. Therefore, if you have a problem with access to telecommunications equipment or services and you are unable to resolve the problem directly with the equipment or service provider, you can file a complaint with the FCC. There is no charge for filing a complaint. You can file your complaint using the online complaint form. You can also file your complaint with the FCC’s Consumer Center by calling 1-888-CALL-FCC (1-888-225-5322) voice or 1- 888-TELL-FCC (1-888-835-5322) TTY; faxing 1-866-418-0232; or writing to: Federal Communications Commission Consumer and Governmental Affairs Bureau Consumer Inquiries and Complaints Division 445 12th Street, SW Washington, D.C. 20554.

The best way to provide all the information the FCC needs to process your complaint is to complete fully the online complaint form. When you open the online complaint form, you will be asked a series of questions that will take you to the particular section of the form that you need to complete. If you do not use the online complaint form, your complaint, at a minimum, should indicate:

  • your name, address, email address and phone number where you can be reached;
  • whether you are filing a complaint on behalf of another party, and if so, the party’s name, address, email address, day time phone number and your relationship to the party;
  • preferred format or method of response (letter, fax, voice phone call, email, TRS, TTY, ASCII text, audio recording or Braille);
  • the name, address and telephone number (if known) of the company or companies involved with your complaint;
  • the make and model number of the equipment if your complaint is about accessibility of telecommunications equipment; and
  • a brief description of your complaint and the resolution you are seeking, and a full description of the equipment or service you are complaining about, including date of purchase, use or attempt to use.

For more information about FCC programs to promote telecommunications services for people with disabilities, visit the FCC’s Disability Rights Office website . For information about other telecommunications issues, visit the FCC’s Consumer website , or contact the FCC’s Consumer Center using the information provided for filing a complaint.

Privacy Policy

Like most companies, we have certain information about our customers and use it to provide our services. We also share it as needed to meet our business goals or fulfill our legal obligations. We protect the information we have about our customers, and we require those we share it with to protect it too.

The purpose of this overview is to describe the information we have, how we use and share it, the choices you have about our use and sharing, and the steps we take to protect it. This overview summarizes the relevant sections of our full Privacy Policy.

When we provide our services, which include Internet access, local and long distance telephone, we necessarily obtain certain information about you. This information may include your name, address, email address, telephone number, date of birth, social security number, driver’s license number, credit information, payment information, and contact information. We may also gather information about how you use our services.

We may also gather some information from visitors to our websites and those who click on our Internet ads, such as the user’s operating system, location, Internet Protocol (IP) address, and what sites the user visited immediately before or after our site.

Recording, reviewing or monitoring of your interactions with Loretto Telephone Company, Inc. For quality assurance and training, we may sometimes review email correspondence and record or listen to calls to or from our customer service and repair personnel, sales offices, and business account managers. We also save the text of “click to chat” sessions with our online sales and service consultants, and may save screen shots when customers give our repair personnel remote access to their computers for technical support.

Network management. We use information generated on our networks to manage those networks, to plan for future development, and to keep our services running reliably and efficiently. For example, we monitor data to check for viruses, to control spam, to prevent attacks that might disable our services, to ensure that your traffic does not violate your subscriber agreement or our acceptable use policies, and to guard against other inappropriate or illegal activity. This may involve looking at the characteristics of our network traffic, such as traffic volumes, beginning and ending points of transmissions, and the types of applications being used to send traffic across our network. In limited circumstances, we need to look into the content of the data (such as the specific websites being visited, files being transmitted, or application being used) for the purposes described above, in circumstances when we are concerned about fraud or harassment, to repair a problem we detect or that a customer contacts us about, or when we are providing the content of broadband traffic to law enforcement which we only do as authorized by law.

We may use customer information to provide our services and keep you informed of changes to them, to market our services and sometimes those of others, and to plan improvements to the services we offer and the way we interact with our customers.

Yes, but we do so responsibly. Loretto Telephone Company, Inc. is made up of a number of companies and we share information among them as permitted by applicable law. We also use other companies to help us market, sell and bill for our services, and we necessarily share information with them. We share information with companies that give us credit evaluations (and let them use the information we give them to provide credit evaluation services for others), collect our unpaid bills, or provide other services to us such as advice on products or services our customers may be interested in. We may also allow companies to match information provided to them by their potential customers with name and address information in our databases to confirm the identity of their potential customers, and the length of time they have had service with us. Our contracts with those companies require them to keep the information safe and confidential.

We may share information with other companies if, for example, we anticipate merging, selling or transferring a portion of our business with or to them, or acquiring all or a portion of their business. Usually this information is about the characteristics of our business and groups of customers, but from time to time it could include information about specific customers. Again, we require those companies to keep the information confidential.

Additionally, we give customer information to other carriers and service providers when they need the information to provide their services, bill for them or verify accounts, when they have our customer’s consent, or when they have a legal right to the information. And we will also share information with another provider if we suspect fraud, harassment, a threat to their networks, or some other unlawful activity. We may also provide information to government agencies (other than law enforcement) to help with communications assistance programs, or to gain benefits for our company like lower mailing fees and to help ensure that our customers get their bills and other information from us more economically and reliably. And we share information with law enforcement when the law allows us to do so, such as in emergencies or to protect our rights and property, including our network and the networks of others. We also respond to lawful requests for information from both law enforcement and private parties. The law requires us to share names and phone numbers with emergency service providers, whether that information is publicly available in directories or not.

We also must share similar information with directory publishers (who publish white pages, yellow pages and other similar directories) and directory assistance providers (who provide telephone numbers or addresses to those asking for that information). In some cases we limit how this information is used. And in all cases these companies must honor restrictions you have asked for, such as that your information not be published or used for marketing.

If you have elected to have your name, address and telephone number published in white pages directories (which means that it will be public information), that information may be used by others for their own marketing or to create marketing lists. To choose not to be included on lists that may be used by others for marketing call our office at 931.853.4351.

You have some choices about what customer information we gather and how we use it.

  • You can choose whether to be included in a published directory or directory assistance services. Under federal law, directory publishers and directory assistance providers must
    honor restrictions requested by our customers, such as that the information not be published or used for marketing.
  • If you have elected to have your name, address and telephone number published in white pages directories (which means that it will be public information), we allow that information to be used by others for their own marketing or to create marketing call our office at 931.853.4351.
  • You can choose not to receive telephone, direct mail, or email marketing messages from us.

You may access information about yourself in three ways:

  • Through your bill, whether you receive it by mail or electronically.
    You can also call us to discuss your account or to authorize someone else to talk with us about your services or other account details. Please call us at 931.853.4351 to talk with us about your services.

How long we keep different types of information is determined by business requirements and applicable state and federal laws and regulations.

We take the security of our customer information seriously. We do several things to protect it:

  • We have administrative, physical and technical controls to safeguard it;
  • We train our employees on the importance of protecting it; and
  • We require businesses that act on our behalf and have access to our information to keep information about you confidential and secure.

If you have questions about this policy or our practices, please email us at: privacy@lorettotel.com

Loretto Telephone Company, Inc. 136 S Main Street
Loretto, TN 38469
(Main) 931.853.4351
(Fax) 931.853.4329

Coverage of This Policy

The following terms and conditions (“Policy”) apply to your use of and access to the Loretto Telephone Company, Inc. owned or operated networks as well as any electronic transmission sent, received, posted, accessed, or stored via those networks including, without limitation, wireline or wireless web, voice, data, and messaging services; and Internet services (collectively, the “Network”). In this Policy, Loretto Telephone Company, Inc. and its subsidiaries and affiliates are collectively referred to as “Company.” By using or accessing the Network, you agree with this Policy. Certain products or services offered through the Network may have additional terms and conditions, which govern in the event of any inconsistency with this Policy.

In addition to any other agreements between you and Company (also referred to herein as “we”,”us”, and in the possessive, “our”), this Policy explains the policies that govern your access to and use of the Network, including the actions that we may take, within our sole discretion, for any use that we deem unacceptable.

If you do not wish to be bound by this Policy, you should not access, subscribe to, or otherwise use the Network. Company may modify this Policy at any time without notice to you. Modifications will be deemed effective immediately upon posting of the modified terms at www.lorettotel.com

You may access and use the Network only for lawful purposes. You are responsible for any transmission you send, receive, post, access, or store via the Network, including the content of any communication. Transmitting, distributing, or storing any material that violates any applicable law is prohibited. Additionally, the following non-exhaustive list details the kinds of illegal or harmful conduct that are prohibited:

  • Infringement: Infringement of intellectual property rights or other proprietary rights including, without limitation, material protected by copyright, trademark, patent, trade secret or other intellectual property right. Infringement may result from the unauthorized copying, distribution and/or posting of pictures, logos, software, articles, musical works, and videos.
  • Offensive Materials: Disseminating or posting material that is unlawful, libelous, defamatory, obscene, indecent, explicit, lewd, harassing, threatening, harmful, invasive of privacy or publicity rights, abusive, inflammatory or otherwise objectionable.
  • Export Violations: Including, without limitation, violations of the Export Administration Act and the Export Administration Regulations administered by the Department of Commerce.
  • Fraudulent Conduct: Offering or disseminating fraudulent goods, services, schemes, or promotions (e.g., make-money-fast schemes, chain letters, and pyramid schemes).
  • Failure to Abide by Third-Party Policies: Violating the rules, regulations, or policies that apply to any third-party network, server, computer database, or that you access.
  • Harmful Content: Disseminating or posting harmful content including, without limitation, viruses, Trojan horses, worms, time bombs, zombies, cancelbots or any other computer or other programming routines that may damage, interfere with, secretly intercept or seize any system, program, data or personal information.

You may not distribute, publish, or send through the Network: (1) unsolicited advertisements, solicitations, commercial e-mail messages or promotional messages of any kind (commonly referred to as “spam”); (2) unsolicited informational announcements; (3) chain mail; (4) numerous copies of the same or substantially similar messages; (5) empty messages; (6) messages which contain no substantive content; or (7) very large messages or files that disrupt a server, account, newsgroup, or chat service.

Likewise, you may not (1) participate in collecting e-mail addresses, screen names, or other identifiers of others (without Company’s prior written consent), a practice sometimes known as spidering or harvesting; (2) participate in using software (including “spyware”) designed to facilitate such activity; (3) collect responses from unsolicited messages; or (4) use any of our mail servers or another site’s mail server to relay mail without the express permission of the account holder or the site. You will not access any Usenet newsgroups via any other network. Without notice to you and at any time, we may add, remove, or modify Usenet newsgroups or services and may modify or restrict the bandwidth available to download content from Usenet newsgroups.

You may not violate the security of the Network in any way. Such violations may result in criminal or civil liability. Company may, but is not obligated to, investigate any violation of the Network. Company may cooperate with law enforcement where criminal or unauthorized activity is suspected. By using Company products services or sending, receiving, posting, accessing, or storing any electronic transmission via the Network, you agree to cooperate, as well, in any such investigation. Examples of Network security violations include, without limitation:

  • Hacking: Unauthorized access to or use of data, systems or networks, including any attempt to probe, scan or test the vulnerability of a system or network or to breach security or authentication measures without the express prior authorization of the owner of the system or network.
  • Interception: Unauthorized monitoring of data or traffic on any network or system without the express prior authorization of the owner of the system or network.
  • Intentional Interference: Interference with service to any user, host or network including, without limitation, denial-of-service attacks, mail bombing, news bombing, other flooding techniques, deliberate attempts to overload a system, and broadcast attacks.
  • Falsification of Origin or Routing Information: Using, selling, or distributing in conjunction with the services, any computer program designed to conceal the source or routing information of electronic mail messages in a manner that falsifies an Internet domain, header information, date or time stamp, originating e-mail address, or other identifier.
  • Avoiding System Restrictions: Using manual or electronic means to avoid any limitations established by Company or attempting to gain unauthorized access to, alter, or destroy any information that relates to any Company customer or other end-user. Company may, but is not obligated to, take any action it deems necessary to protect the Network, its rights or the rights of its customers or third parties, or (2) optimize or improve the Network, services, systems, and equipment. You acknowledge that such action may include, without limitation, employing methods, technologies, or procedures to filter or block messages sent through the Network. Company may, in its sole discretion, at any time, filter “spam” or prevent “hacking,” “viruses” or other potential harms without regard to any preference you may have communicated to us.

All users of the services must adhere to the terms of this Policy. We have the right, but are not obligated, to strictly enforce this Policy through self-help, active investigation, litigation and prosecution. Company shall not be obligated to monitor or exercise any editorial control over any material stored, copied, or communicated using our services or Network, but reserves the right to do so. Any user which Company determines to have violated any terms of this Policy may be subject to a suspension or termination of service on the most limited basis as Company determines is reasonably practical under the circumstances to address the underlying violation. In the event that Company becomes aware that any such material may violate the terms of this Policy and/or expose Company to civil or criminal liability including, without limitation, under the Digital Millennium Copyright Act (DMCA), Company reserves the right to block access to such material and suspend or terminate any user creating, storing, copying, or communicating such material, including any user whom Company becomes aware has engaged in any of the foregoing activity multiple times. Company further reserves the right to conduct investigations into fraud, violations of the terms of this Policy or other laws or regulations, and to cooperate with legal authorities and third parties in the investigation of alleged wrongdoing, including disclosing the identity of the user that Company deems responsible for the wrongdoing.

We may also access and disclose any information (including transactional information) related to your access and use of the Network for any lawful reason, including but not limited to: (1) responding to emergencies; (2) complying with the law (e.g., a lawful subpoena); (3) protecting our rights or property and those of our customers; or (4) protecting users of those services and other carriers from fraudulent, abusive, or unlawful use of, or subscription to, such services. INDIRECT OR ATTEMPTED BREACHES OF THIS POLICY, AND ACTUAL OR ATTEMPTED BREACHES BY A THIRD PARTY ON BEHALF OF A COMPANY, CUSTOMER, OR USER, MAY BE CONSIDERED BREACHES OF THIS POLICY BY SUCH COMPANY, CUSTOMER OR USER.

YOU UNDERSTAND THAT YOU ARE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS FROM ANY MATERIAL DOWNLOADED FROM OR ACCESSED FROM OR OTHERWISE PROVIDED THROUGH THE NETWORK. ANY CONTENT OR INFORMATION ACCESSED BY OR PROVIDED TO YOU THROUGH THE NETWORK IS PROVIDED “AS IS,” “WITH ALL FAULTS,” AND “AS AVAILABLE.” COMPANY, ITS AGENTS, AND ITS LICENSORS DO NOT WARRANT THE AVAILIABILITY, ACCURACY, COMPLETENESS, CURRENTNESS, NONINFRINGEMENT, MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE OF ANY CONTENT OR INFORMATION AVAILABLE THROUGH THE NETWORK. YOU ACCESS SUCH CONTENT OR INFORMATION AT YOUR OWN RISK. COMPANY DOES NOT GUARANTEE THAT THE NETWORK WILL BE ERROR-FREE, OR CONTINUOUSLY AVAILABLE, OR THAT IT WILL BE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. UNDER NO CIRCUMSTANCES WILL COMPANY, ITS AFFILIATES, ITS AGENTS OR ITS LICENSORS BE LIABLE TO YOU OR ANYONE ELSE FOR ANY DAMAGES FROM THE USE OF THE NETWORK THAT ARISE UNDER ANY CAUSE OF ACTION, INCLUDING THOSE THAT RESULT FROM YOUR USE OF THE NETWORK, ANY SERVICES OFFERED THROUGH THE NETWORK, OR ANY TRANSACTION PERFORMED THROUGH THE NETWORK. THIS IS A COMPREHENSIVE LIMITATION OF LIABILITY THAT APPLIES TO ALL DAMAGES OF ANY KIND, INCLUDING COMPENSATORY, SPECIAL, DIRECT, INDIRECT, CONSEQUENTIAL, OR PUNITIVE DAMAGES, LOSS OF DATA, INCOME OR PROFIT, LOSS OF BUSINESS OPPORTUNITY, LOSS OF OR DAMAGE TO PROPERTY AND CLAIMS OF THIRD PARTIES-EVEN IF KNOWN BEFOREHAND OF THE POSSIBILITY OF SUCH DAMAGES. YOU AGREE THAT THE AGGREGATE LIABILITY OF COMPANY, ITS AGENTS, AND ITS LICENSORS, IF ANY, ARISING OUT OF ANY KIND OF LEGAL CLAIM IN ANY WAY CONNECTED TO THE NETWORK WILL NOT EXCEED $100.00. BECAUSE SOME STATES DO NOT ALLOW THE EXCLUSION OR LIMITATION OF CERTAIN CATEGORIES OF DAMAGES OR IMPLIED WARRANTIES, THE ABOVE LIMITATION MAY NOT APPLY TO YOU. IN SUCH STATES, THE LIABILITY OF COMPANY, AND ITS AFFILIATES, AGENTS AND LICENSORS IS LIMITED TO THE FULLEST EXTENT PERMITTED BY SUCH STATE LAW.

You agree to indemnify, defend and hold harmless Company, its officers, directors, employees, agents, shareholders, licensors, and suppliers from and against all claims, liabilities, losses, expenses, damages and costs, including reasonable attorneys’ fees, that arise from: (1) any violation of this Policy by you; (2) any violation of any rights of a third party by you; (3) any violation of applicable law; (4) information or content that you submit, post, transmit or make available through the Network; or (5) your use of the or Network.

Failure by Company to insist upon or enforce strict performance of any provision of this Policy will not be construed as a waiver of any provision or right. Neither the course of conduct between the parties nor trade practice will act to modify any provision of this Agreement. Company may assign its rights and duties under these terms to any party at any time without notice to you. If any provision of this Policy is found to be unenforceable or invalid, this Policy’s unaffected provisions will remain in effect.

This policy references only content that is controlled and/or distributed by Company and is not applicable to content found on internet web sites not owned by Company.

Given the rapid changes in technology and the business models those changes promote, it is impossible to have a policy that specifically discusses every type of relationship Company may consider or every content decision that Company will make. However, attention to the following guiding principles and the more complete discussion that follows, should help Company decision makers that are tasked with dealing with these complex issues.

Company understands and appreciates that the Internet and content distributed on it is solely the responsibility of those who produce and access the content. As such, Company takes no responsibility for third party content accessed over the Network without limitation, nor does Company have any obligation to monitor such third party content. Company reserves the right at all times to remove or refuse to distribute any content which it finds objectionable for any reason. Company also reserves the right to direct any objectionable or illegal content to the appropriate legal, regulatory or governmental entities. Company holds no responsibility or liability for enacting or failing to enact these stated rights under this Policy.

The following principles are intended to be a summary of the Company content policy. They are not intended to address every scenario, but simply to outline our approach to monitoring the content that we offer.

  1. Company will not transport content that it knows is illegal.
  2. Company may decline or immediately terminate service that threatens the Network, its users or fails to adhere to stated policy.
  3. Company will not deny common carrier transport service (such as long distance and wireless service) to a customer based on the type of content the customer is transmitting. In exercising this common carrier duty, Company is not required to investigate the nature of the customer’s content and should not do so in the normal course of business.
  4. Company has more discretion to determine who it will do business with when providing non- telecommunications products and services (such as Internet-based information services) and should exercise a heightened level of scrutiny in considering content that others might perceive as objectionable or divisive. Company will exercise increased scrutiny of content provided by Company through relationships with content providers.
  5. Company prohibits the publishing or distribution of content that is deemed objectionable, including content that is illegal, contains harmful or malicious code, protected content, harmful or violent content, obscene content, or includes private or confidential information.
  6. Company prohibits the use of its services in any way that might be deemed illegal or inappropriate, including but not limited to the generation or distribution of spam, malicious codes or viruses, or for the promotion of objectionable content.
  7. Company reserves the right to terminate services for any and all users, producers, publishers or distributors failing to adhere to its stated policy. Furthermore, Company reserves the right to disseminate all information to appropriate legal, regulatory and governmental authorities if it is believed the content or distribution in question have the potential to be illegal or pose a threat to Company, its users or the general public.

Because of evolving societal and legal standards, it can be difficult to determine when content is objectionable. While not an exhaustive list, the following are some types of content that are likely to be troublesome and deserve closer scrutiny if associated with a proposed business relationship or content offering:

  1. Mature and Adult Entertainment. This type of content can generate considerable controversy, even if legal, non-pornographic, and widely available in print format, including such things as frank relationship and sex advice, and suggestive or prurient images and stories.
  2. Violent Content, Games and Video. The affect of violence on children is much debated, and controversy can be created if minors are allowed to access violent content without parental approval.
  3. Gambling and Sweepstakes. Gambling is illegal in many states, and closely regulated in all states. Similarly, sweepstakes are subject to complex rules and are frequently scrutinized closely by consumer protection and law enforcement officials.
  4. Services Targeted to the Disadvantaged. When it first became widely available, 900 pay-per- call service was used to sell a variety of goods and services that allegedly were not provided or were misrepresented. (For example, for a $40 charge on his telephone bill, a caller received an application for a debit card instead of the promised credit card.)
  5. Services Without Value to Customers. Examples include psychic advice and other personal services that many consumers and law enforcement agencies believe are harmful or misleading.
  6. Harmful to Company, its users or the general public. Examples include directions on how to make bomb, hack systems, etc.

To enforce this policy, Company will do the following:

  1. Provide all potential content providers with a copy of our content policy.
  2. Review the ratings of content provided by potential partners to ensure that all of their content meets our guidelines or that they have a way block specific content that does not conform.
  3. Contractually require our providers to meet the guidelines of our content policy.
  4. Allow customers to notify us of content that does not meet our guidelines by E-mailing us at: abuse@lorettotel.com
  5. Investigate content reported by our users and remove the content if it does not comply with our guidelines.

Company does not individually review all content posted or distributed on its networks, but will review any and all questionable material brought to its attention. Company holds itself and its partners to a higher standard and will attempt to review content directly published from Company and advertised on its properties. As always, Company welcomes the assistance of our users in monitoring content. To notify us of objectionable content, please email us at: abuse@lorettotel.com

Mobile App

Loretto Telecom collects, and processes information provided directly by you when you install the App and register for an account to use the App. Specifically, this information includes:

  • Your name, email address, location, phone number.
  • Browser information and session cookies related to your access and use of the App.
  • Data insights Loretto Telecom attains based on correlation and analytics of your information collected in providing the App, which may be used in aggregated and dis-aggregated formats or to obtain trend analytics, to provide the App; and
  • Use of the above-described collected information in aggregated and dis-aggregated formats to enhance our current App or to provide App features.

Loretto Telecom uses the information collected as described in this Privacy Policy, including personal information, to:

  • Provide you with the App as described in the Agreement.
  • Implement, improve and/or enhance the App, including to make future releases available to you.
  • Carry out Loretto Telecom obligations as described or authorized in the Agreement and this Privacy Policy.
  • Enforce Loretto Telecom rights arising from the Agreement between you and Loretto Telecom; and
  • Fulfill any other purpose authorized by you and reasonably required for the App.

Amended April 2022

Loretto Telephone Company, Inc. and its wholly-owned subsidiary Loretto Communication Services, Inc. (“Loretto Telecom”) have adopted this Acceptable Use Policy (“AUP”) to outline the acceptable use of Loretto Telecom’s Broadband Internet service (“Broadband Service”). This AUP is in addition to any restrictions contained in the Loretto Telecom Agreement for Residential Broadband Services (the “Subscriber Agreement”) available at www.lorettotel.com. Please refer to the Network Management Frequently Asked Questions (“FAQs”) at www.lorettotel.com, which include explanations of how Loretto Telecom implements and applies many of the provisions contained in this AUP. All capitalized terms used in this AUP that are not defined here have the meanings given to them in the Subscriber Agreement.

You, the customer, must comply with this AUP. Your failure to do so could result in the suspension or termination of your Broadband Service account. If you do not agree to comply with this AUP, you must immediately stop all use of the Broadband Service and notify Loretto Telecom so that it can close your account.

Loretto Telecom may revise this AUP from time to time by posting a new version on the company’s website at www.lorettotel.com (the “Loretto Telecom website”). Loretto Telecom will use reasonable efforts to make customers aware of any changes to this AUP, which may include sending email announcements or posting information on the Loretto Telecom website. Revised versions of this AUP are effective immediately upon posting. Accordingly, customers of the Loretto Telecom Broadband Internet Service should read any Loretto Telecom announcements they receive and regularly visit the Loretto Telecom website and review this AUP to ensure that their activities conform to the most recent version. You can send questions regarding this AUP to, and report violations of it at www.lorettotel.com. To report illegal content on the Internet, visit www.ftc.gov.

In general, this AUP prohibits uses and activities involving the Broadband Service that are illegal, infringe upon the rights of others, and interfere with or diminish the use and enjoyment of the Broadband Service by others.

A. Network and Usage Restrictions

No user of the Broadband Service, Customer Equipment, or the Loretto Telecom Equipment may, individually or in combination with another:

  1. restrict, inhibit or otherwise interfere with the ability of any other person, regardless of intent, purpose or knowledge, to use or enjoy the Broadband Service (except for safety and security functions such as parental controls, for example), including, without limitation, posting or transmitting any information or software which contains a worm, virus or other harmful feature, or generating levels of traffic sufficient to impede others’ ability to use, send or retrieve information;
  2. restrict, inhibit, interfere with or otherwise disrupt performance of the Broadband Service or cause a performance degradation;
  3. regardless of intent, purpose or knowledge, to the Broadband Service or any Loretto Telecom (or Loretto Telecom supplier) host, server, backbone network, node or service, or otherwise cause a performance degradation to any Loretto Telecom (or Loretto Telecom supplier) facilities used to deliver the Broadband Service;
  4. resell the Broadband Service or otherwise make available to anyone outside the Premises the ability to use the Broadband Service (for example, through Wi-Fi or other methods of networking), in whole or in part, directly or indirectly. The Broadband Service is for single residential or business use only, and you agree not to use the Broadband Service for operation as an Internet service provider or for any other purpose that resells or shares the Broadband service (whether or not for profit);
  5. connect the Loretto Telecom Equipment to any computer outside of your Premises;
  6. interfere with computer networking or telecommunications service to any user, host or network, including, without limitation, denial of service attacks, flooding of a network, overloading a service, improper seizing and abusing operator privileges, and attempts to “crash” a host; and
  7. accessing and using the Broadband Service with anything other than a dynamic Internet Protocol (“IP”) address that adheres to the dynamic host configuration protocol (“DHCP”). You may not configure the Broadband Service or any related equipment to access or use a static IP address or use any protocol other than DHCP unless you are subject to a Broadband Service plan that expressly permits you to do so.

B. Conduct and Information Restrictions

No user of the Broadband Service, Customer Equipment, or the Loretto Telecom Equipment may, individually or in combination with another:

  1. avoid incurring charges for or otherwise being required to pay for usage of the Broadband Service;
  2. invade another person’s privacy, stalk, harass or otherwise violate the rights of other persons;
  3. undertake or accomplish any unlawful purpose. This includes, but is not limited to, posting, storing, transmitting or disseminating information, data or material which is libelous, obscene, unlawful, threatening or defamatory, or which infringes the intellectual property rights of any person or entity, or which in any way constitutes or encourages conduct that would constitute a criminal offense, or otherwise violate any local, state, federal or non-U.S. law, order or regulation;
  4. post, store, send, transmit or disseminate any information or material which a reasonable person could deem to be unlawful;
  5. upload, post, publish, transmit, reproduce, create derivative works of, or distribute in any way information, software or other material obtained through the Broadband Service or otherwise that is protected by copyright or other proprietary right, without obtaining any required permission of the owner;
  6. collect, or attempt to collect, personal information about third parties without their consent;
  7. transmit unsolicited bulk or commercial messages commonly known as “spam;”
  8. send voluminous copies of the same or substantially similar messages, empty messages or messages which contain no substantive content, or send very large messages or files that disrupts a server, account, blog, newsgroup, chat or similar service;
  9. initiate, perpetuate or in any way participate in any pyramid or other illegal scheme;
  10. participate in the collection of voluminous amounts of email addresses, screen names or other identifiers of others (without their prior consent), a practice sometimes known as spidering or harvesting, or participate in the use of software (including “spyware”) designed to facilitate this activity;
  11. collect responses from unsolicited bulk messages;
  12. falsify, alter or remove message headers;
  13. falsify references to Loretto Telecom or its network, by name or other identifier, in messages;
  14. impersonate any person or entity, engage in sender address falsification, forge anyone else’s digital or manual signature, or perform any other similar fraudulent activity (for example, “phishing”);
  15. violate the rules, regulations, terms of service, or policies applicable to any network, server, computer database, service, application, system or website that you access or use;

C. Technical Restrictions

No user of the Broadband Service, Customer Equipment, or the Loretto Telecom Equipment may, individually or in combination with another:

  1. use the Broadband service or facilities for web hosting, email hosting or other unusually high bandwidth consumption unless you have made special subscription arrangements with Loretto Telecom and the usage does not otherwise violate law or regulation;
  2. access any other person’s computer or computer system, network, software or data without his or her knowledge and consent; breach the security of another user or system; or 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 you are not expressly authorized to access, or probing the security of other hosts, networks or accounts without express permission to do so;
  3. use or distribute tools or devices designed or used for compromising security or whose use is otherwise unauthorized, such as password guessing programs, decoders, password gatherers, keystroke loggers, analyzers, cracking tools, packet sniffers, encryption circumvention devices, or Trojan Horse programs. Unauthorized port scanning is strictly prohibited;
  4. copy, distribute or sub-license any proprietary software provided in connection with the Broadband Service by Loretto Telecom or any third party, except that you may make one copy of each software program for back-up purposes only;
  5. distribute programs that make unauthorized changes to software (cracks);
  6. use or run dedicated, stand-alone equipment or servers from the Premises that provide network content or any other services to anyone outside of your Premises local area network (“Premises LAN”), also commonly referred to as public services or servers. Examples of prohibited equipment and servers include, but are not limited to, email, Web hosting, file sharing and proxy services and servers;
  7. use or run programs from the Premises that provide network content or any other services to anyone outside of your Premises LAN, except for personal and non-commercial residential use;
  8. service, alter, modify or tamper with the Loretto Telecom Equipment or Broadband Service or permit any other person to do the same who is not authorized by Loretto Telecom;

A. Customer Obligations

In addition to being responsible for your own compliance with this AUP, you are also responsible for any use or misuse of the Broadband Service that violates this AUP, even if it was committed by a friend, family member or guest with access to your Broadband Service account. Therefore, you must take steps to ensure that others do not use your account to gain unauthorized access to the Broadband Service by, for example, strictly maintaining the confidentiality of your Broadband Service login and password. In all cases, you are solely responsible for the security of any device you choose to connect to the Broadband Service, including any data stored or shared on that device. It is also your responsibility to secure the Customer Equipment and any other Premises equipment or programs not provided by Loretto Telecom that connect to the Broadband Service from external threats such as viruses, spam, malware and other methods of intrusion.

B. Loretto Telecom’s Rights

Loretto Telecom reserves the right to refuse to transmit or post, and to remove or block, any information or materials, in whole or in part, that it, in its sole discretion, deems to be in violation of this AUP, or otherwise harmful to Loretto Telecom’s network or customers using the Broadband Service, regardless of whether this material or its dissemination is lawful so long as it violates this AUP. Neither Loretto Telecom nor any of its affiliates, suppliers or agents have any obligation to monitor transmissions or postings (including, but not limited to, email, file transfer, blog, newsgroup and instant message transmissions) made on the Broadband Service. However, Loretto Telecom and its affiliates, suppliers and agents have the right to monitor these transmissions and postings on occasion for violations of this AUP and to disclose, block or remove them in accordance with this AUP, the Subscriber Agreement and applicable law.

C. Service Restrictions

All of Loretto Telecom’s network and system services are provided according to scheduled fees for each type of service. You agree to use such services in accordance with the terms set forth below.

1. Email and Web-Hosting Services
  1. Unsolicited Email Prohibited – You may not use Loretto Telecom-hosted email addresses for the purpose of sending unsolicited email. You may not use or cause to be used Loretto Telecom’s equipment, network connectivity or other resources to originate, deliver, relay or otherwise transmit unsolicited email messages. You may not engage in any of the foregoing prohibited activities by using the service of any other provider, third-party agent, e-mail service or address forwarding service, in such a way that Loretto Telecom’s network addresses or Loretto Telecom-hosted web or email services are in any way identified as being associated with the sending of unsolicited email.
  2. Unauthorized use or forging, of mail header information (e.g. “spoofing”) is prohibited.
  3. Fraudulent Activity Prohibited – You may not use the Loretto Telecom email and webhosting services to make fraudulent offers to sell or buy products, items and services or to advance any type of financial scam such as “pyramid schemes,” “Ponzi schemes,” or “chain letters.” You may not use techniques to hide or obscure the source of any email or other communications.
  4. Loretto Telecom reserves the right to suspend or delay delivery of email to Customers utilizing the Loretto Telecom email services and/or the virtual domain email if the volume of email being redirected, stored or delivered on the Customer’s behalf is deemed excessive.

The Broadband Service may not be used to communicate or distribute e-mail or other forms of communications in violation of Section I of this AUP. As described below in Section III of this AUP, Loretto Telecom uses reasonable network management tools and techniques to protect customers from receiving spam and from sending spam (often without their knowledge over an infected computer).

Loretto Telecom is not responsible for deleting or forwarding any email sent to the wrong email address by you or by someone else trying to send email to you. Loretto Telecom also is not responsible for forwarding email sent to any account that has been suspended or terminated. This email will be returned to the sender, ignored, deleted or stored temporarily at Loretto Telecom’s sole discretion. In the event that Loretto Telecom believes in its sole discretion that any subscriber name, account name or email address (collectively, an “identifier”) on the Broadband Service may be used for, or is being used for, any misleading, fraudulent or other improper or illegal purpose, Loretto Telecom (i) reserves the right to block access to and prevent the use of any of these identifiers and (ii) may at any time require any customer to change his or her identifier. In addition, Loretto Telecom may at any time reserve any identifiers on the Broadband Service for Loretto Telecom’s own purposes. In the event that a Broadband Service account is terminated for any reason, all email associated with that account (and any secondary accounts) will be permanently deleted as well.

2. Instant, Video and Audio Messages

Each user is responsible for the contents of his or her instant, video and audio messages and the consequences of any of these messages. Loretto Telecom assumes no responsibility for the timeliness, mis-delivery, deletion or failure to store these messages. In the event that an Broadband Service account is terminated for any reason, all instant, video and audio messages associated with that account (and any secondary accounts) will be deleted as well.

Loretto Telecom manages its network with the goal of delivering a fast, safe and uncompromised broadband Internet experience to all of its customers. But, high-speed bandwidth and network resources are not unlimited. Managing the network is essential for the promotion of best possible Broadband Internet experience by all of Loretto Telecom’s customers. The company uses reasonable network management practices that are consistent with industry standards. Loretto Telecom tries to use tools and technologies that are minimally intrusive and, in its independent judgment guided by industry experience, among the best in class. Of course, the company’s network management practices will change and evolve along with the uses of the Internet and the challenges and threats on the Internet.

All broadband Internet service providers manage their networks. Many of them use the same or similar tools that Loretto Telecom does. If the company didn’t manage its network, its customers would be subject to the negative effects of spam, viruses, security attacks, network congestion and other risks and degradations of service. By engaging in responsible network management, including enforcement of this AUP, Loretto Telecom can deliver the best possible broadband Internet experience to all of its customers. Visit Loretto Telecom’s website at www.lorettotel.com for more information.

A. Network Management

Loretto Telecom uses various tools and techniques to manage its network, deliver the Broadband Service and ensure compliance with this AUP and the Subscriber Agreement. These tools and techniques are dynamic, like the network and its usage, and they can and do change frequently. Loretto Telecom’s network management practices may include (i) identifying spam and preventing its delivery to customer email accounts, (ii) detecting malicious Internet traffic and preventing the distribution of viruses or other harmful code or content, (iii) temporarily lowering the priority of traffic for users who are the top contributors to current network congestion, and (iv) using other tools and techniques that Loretto Telecom may be required to implement in order to meet its goal of delivering the best possible broadband Internet experience to all of its customers.

B. Network Usage and Data Consumption Restrictions

You acknowledge that all of Loretto Telecom Broadband Services are intended for periodic, active use of email, user newsgroups, transfers via FTP, Internet chat, Internet games and browsing of the Internet. You must comply with all current bandwidth, data storage and other limitations on Loretto Telecom Broadband Services established by Loretto Telecom and Loretto Telecom suppliers. The excessive use or abuse of Loretto Telecom’s network resources by one customer may have a negative impact on all other Customers. Accordingly, you may not use Loretto Telecom Broadband Services or take any action, directly or indirectly, that will result in excessive consumption or utilization of the system or network resources, or which may weaken network performance, as determined in Loretto Telecom’s sole discretion. Such prohibited actions include, but are not limited to: using Loretto Telecom Broadband Services to host a Web server site which attracts excessive traffic at your location, continuously uploading or downloading streaming video or audio, using net hosting, continuous FTP uploading or downloading, or acting in a manner that negatively affects other users’ ability to engage in real-time exchanges and use of Loretto Telecom Broadband Services.

Residential Broadband Service is for personal and non-commercial residential use only. Therefore, Loretto Telecom reserves the right to suspend or terminate residential Broadband Service accounts where data consumption is not characteristic of a typical residential user of the Broadband Service as determined by Loretto Telecom in its sole discretion.

Common activities that may cause excessive data consumption in violation of this AUP include, but are not limited to, numerous or continuous bulk transfers of files and other high-capacity traffic using (i) file transfer protocol (“FTP”), (ii)peer-to-peer applications and (iii) newsgroups. You must also ensure that your use of the Broadband Service does not restrict, inhibit, interfere with or degrade any other person’s use of the Broadband Service, nor represent (as determined by Loretto Telecom in its sole discretion) an excessive burden on the network. In addition, you must ensure that your use of the Broadband Service does not limit or interfere with Loretto Telecom’s ability to deliver and monitor the Broadband Service or any part of its network.

If you use the Broadband Service in violation of the restrictions referenced above, that is a violation of this AUP. In these cases, Loretto Telecom may, in its sole discretion, suspend or terminate your Broadband Service account or request that you subscribe to a version of the Broadband Service (such as a commercial grade Broadband service, if appropriate) if you wish to continue to use the Broadband Service at higher data consumption levels. Loretto Telecom may also provide versions of the Broadband Service with different speed and data consumption limitations, among other characteristics, subject to applicable Broadband Service plans.

Loretto Telecom’s determination of the data consumption for Broadband Service accounts is final.

Loretto Telecom reserves the right to immediately suspend or terminate your Broadband Service account and terminate the Subscriber Agreement if you violate the terms of this AUP or the Subscriber Agreement.

Loretto Telecom does not routinely monitor the activity of individual Broadband Service accounts for violations of this AUP, except for determining aggregate data consumption in connection with the data consumption provisions of this AUP. However, in the company’s efforts to promote good citizenship within the Internet community, it will respond appropriately if it becomes aware of inappropriate use of the Broadband Service. Loretto Telecom has no obligation to monitor the Broadband Service and/or the network. However, Loretto Telecom and its suppliers reserve the right at any time to monitor bandwidth, usage, transmissions and content in order to, among other things, operate the Broadband Service; identify violations of this AUP; and/or protect the network, the Broadband Service and Loretto Telecom users.

Loretto Telecom prefers to inform customers of inappropriate activities and give them a reasonable period of time in which to take corrective action. Loretto Telecom also prefers to have customers directly resolve any disputes or disagreements they may have with others, whether customers or not, without Loretto Telecom’s intervention. However, if the Broadband Service is used in a way that Loretto Telecom or its suppliers, in their sole discretion, believe violates this AUP, Loretto Telecom or its suppliers may take any responsive actions they deem appropriate under the circumstances with or without notice. These actions include, but are 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 Broadband Service (including but not limited to newsgroups). Neither Loretto Telecom, nor its affiliates, suppliers or agents, will have any liability for any of these responsive actions. These actions are not Loretto Telecom’s exclusive remedies and Loretto Telecom may take any other legal or technical actions it deems appropriate with or without notice.

Loretto Telecom reserves the right to investigate suspected violations of this AUP, including the gathering of information from the user or users involved and the complaining party, if any, and examination of material on Loretto Telecom’s servers and network. During an investigation, Loretto Telecom may suspend the account or accounts involved and/or remove or block material that potentially violates this AUP. You expressly authorize and consent to Loretto Telecom and its suppliers cooperating with (i) law enforcement authorities in the investigation of suspected legal violations, and (ii) system administrators at other Internet service providers or other network or computing facilities in order to enforce this AUP. Upon termination of your Broadband Service account,

Loretto Telecom is authorized to delete any files, programs, data, email and other messages associated with your account (and any secondary accounts).

The failure of Loretto Telecom or its suppliers to enforce this AUP, for whatever reason, shall not be construed as a waiver of any right to do so at any time. You agree that if any portion of this AUP is held invalid or unenforceable, that portion will be construed consistent with applicable law as nearly as possible, and the remaining portions will remain in full force and effect. You agree to indemnify, defend and hold harmless Loretto Telecom and its affiliates, suppliers and agents against all claims and expenses (including reasonable attorney fees) resulting from any violation of this AUP. Your indemnification will survive any termination of the Subscriber Agreement.

Copyright and Digital Millennium Copyright Act Requirements

Loretto Telecom is committed to complying with U.S. copyright and related laws and requires all customers and users of the Broadband Service to comply with these laws. Accordingly, you may not store any material or content on, or disseminate any material or content over, the Broadband Service (or any part of the Broadband Service) in any manner that constitutes an infringement of third-party intellectual property rights, including rights granted by U.S. copyright law. Owners of copyrighted works who believe that their rights under U.S. copyright law have been infringed may take advantage of certain provisions of the Digital Millennium Copyright Act of 1998 (the “DMCA”) to report alleged infringements. It is Loretto Telecom’s policy in accordance with the DMCA and other applicable laws to reserve the right to terminate the Broadband Service provided to any customer or user who is either found to infringe third party copyright or other intellectual property rights, including repeat infringers, or who Loretto Telecom, in its sole discretion, believes is infringing these rights. Loretto Telecom may terminate the Broadband Service at any time with or without notice for any affected customer or user.

The Digital Millennium Copyright Act (“DMCA”), signed into law on October 28, 1998, amended the United States Copyright Act, Title 17 of the U.S. Code, to provide in part certain limitations on the liability of online service providers (OSPs) for copyright infringement. Subsection 512(c) of the Copyright Act provides limitations on service provider liability for storage, at the direction of a user, of copyrighted material residing on a system or network controlled or operated by or for the service provider, if, among other things, the service provider has designated an agent to receive notifications of claimed infringement by providing contact information to the Copyright Office and by posting such information on the service provider’s website in a location accessible to the public. In accordance with the DMCA, Loretto Telecom has filed with the United States Copyright Office the necessary agent of notification information. The DMCA permits copyright owners to notify Loretto Telecom if they believe a Loretto Telecom customer has infringed their work(s). When Loretto Telecom receives a notice from a copyright owner, Loretto Telecom will notify the identified customer of the alleged infringement claim by providing them with a copy of the notice. Loretto Telecom responds expeditiously to notices of claimed copyright infringement and will take the necessary steps to terminate users or account holders who are “repeat infringers” as required by law.

A. Procedure for Submitting a Copyright Infringement Claim

Loretto Telecom has registered a designated agent to receive notices of claimed copyright infringement with the U.S. Copyright Office. Under the DMCA, copyright owners have the right to notify Loretto Telecom if they believe a Loretto Telecom customer has infringed the copyright owner’s work(s). If you believe a Loretto Telecom’ customer has utilized your work in a way that constitutes copyright infringement, you may file a Notification of Claimed Infringement with Loretto Telecom’s designated copyright agent. The DMCA provides the following procedure for parties to follow who wish to file a Notification of Claimed Infringement with Loretto Telecom.

To serve a Notification of Claimed Infringement on Loretto Telecom send your Notification to:
Loretto Telephone Company, Inc
Attn: DMCA Agent
PO Box 130
Loretto, TN 38469
Telephone Number: 931-853-4351
Facsimile Number: 931-853-4329
Email address: aup.abuse@Lorettotel.com

To be effective under the DMCA, the Notification of Claimed Infringement must be a written communication provided to Loretto Telecom’s designated copyright agent and must include the following information:

  1. A physical or electronic signature of a person authorized to act on behalf of the owner of the infringed copyright.
  2. Identification of the copyrighted work or works claimed to have been infringed.
  3. Identification of the material that is claimed to be infringing or to be the subject of infringing activity and that is to be removed or access to which is to be disabled, and the infringing IP address, time, date, and the time zone to permit Loretto Telecom to locate the appropriate account.
  4. Information reasonably sufficient to permit Loretto Telecom to contact the complaining party (e.g., the address, telephone number, or email address).
  5. A statement that the complaining party has a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law.
  6. A statement that the information in the Notification is accurate, and under penalty of perjury, that the complaining party is authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.

Upon receipt of a Notification of Copyright Infringement from a copyright owner that contains the required information described in 1 through 6 above, Loretto Telecom will notify the customer of the alleged infringement and remove or disable access to the material that is alleged to be infringing if hosted on a Loretto Telecom domain. No personally identifiable information or customer information is shared with the copyright owner unless required by law.

If Loretto Telecom receives more than one Notice of Copyright Infringement on the customer’s part, the customer may be deemed a ‘repeat copyright infringer.’ Loretto Telecom reserves the right to terminate the accounts of ‘repeat copyright infringers.’

B. Procedure to File a DMCA Counterclaim

If you have received a notice of copyright infringement and you believe that a copyright holder has accused you in error, you may file a DMCA Counterclaim with Loretto Telecom’s designated copyright agent.

To be effective, a Counterclaim must be a written communication provided to Loretto Telecom’s designated copyright agent and must include the following information:

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

Upon receipt of a DMCA Counterclaim, Loretto Telecom will provide the complaining party with a copy of the DMCA Counterclaim. When Loretto Telecom receives a Counterclaim that meets the requirements of the DMCA, Loretto Telecom will process the Counterclaim in accordance with the requirements of the DMCA.

C. Note to Claimants and Agents:

  • Complaints that are received and cannot be determined to be an actual subscriber of Loretto Telecom will be discarded.
  • Complaints sent to any addresses other than the specified addresses in our filing with the US Copyright Office or our DMCA Policy will be discarded.

NOTE: The information under this section is provided to you for informational purpose only, and is not intended as legal advice. If you believe you rights under United States copyright law have been infringed, you should consult with your attorney.

Deposit Policy

Customers may be asked to pay a deposit to establish telephone service. The amount of your deposit is determined when you apply for service. Additional deposits may be required if your service is disconnected for nonpayment or a returned check. After a bill is paid 12 consecutive months without a late notice or returned check, the deposit is refunded with interest on the next telephone bill.

Return Check Policy

When a check is returned and it is for a current amount, a letter is mailed to notify the customer of a returned check. A $20.00 returned check charge, and the check amount must be paid in cash by the letter’s due date.

If the returned check is for the past due amount (on or after the 10th), service is disconnected. The check amount, a returned check fee of $20.00 and a deposit, if required, will be due in cash in order to restore service. The usual reconnection fee will apply.

If the customer calls to say the check may not be good before the check has been returned from the bank, they can come in and pay the amount of the check and returned check fee of $20.00 in cash before the check comes back to avoid disconnection of service. If the check does not return from the bank and they have already made payment, the amount paid will be credited against the next month’s bill. A refund will not be made.

Illegal/Fraudulent Activity Disclaimer

Use of Loretto Telecom service(s) for illegal and/or fraudulent activity is prohibited and will be subject to immediate termination of service. Illegal and fraudulent activity includes but is not limited to the utilization of the voice line for the purpose of originating spam and/or illegal robo-dialing and Caller ID spoofing.

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