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New Full Nondiscrimination Statement 4-30-16

INTERNET SERVICE AGREEMENT

FCC OPEN INTERNET

MCTC’S OPEN INTERNET POLICY

Terms & Conditions
PLEASE READ THIS DOCUMENT CAREFULLY BEFORE ACCESSING OR USING THIS SITE (THIS “SITE”). BY ACCESSING OR USING THIS SITE, YOU AGREE TO BE BOUND BY THE TERMS AND CONDITIONS SET FORTH BELOW. IF YOU DO NOT WISH TO BE BOUND BY THESE TERMS AND CONDITIONS, YOU MAY NOT ACCESS OR USE THIS SITE. MONITOR COOPERATIVE TELEPHONE COMPANY (COLLECTIVELY THE “COMPANY”), MAY MODIFY THESE TERMS OF USE AT ANY TIME, AND SUCH MODIFICATIONS SHALL BE EFFECTIVE IMMEDIATELY UPON THEIR POSTING ON THIS SITE. YOU AGREE TO REVIEW THESE TERMS OF USE PERIODICALLY TO BE AWARE OF SUCH MODIFICATIONS. YOUR CONTINUED ACCESS OR USE OF THIS SITE SHALL BE DEEMED YOUR CONCLUSIVE ACCEPTANCE OF THE MODIFIED TERMS OF USE.

User’s Access to this Site. This Site was created to provide you (the “User”) with information regarding telecommunications issues. This Site is subject to change without notice. You are granted a limited license to access this Site for the sole purpose of viewing information intentionally made available by the Company on this Site. You acknowledge that this Site and all information contained on it are the sole and exclusive property of the Company. You may not use this Site in any manner that you know or have reason to believe could damage, disable, overburden, or impair this Site or interfere with any other User’s use of this Site. You may not obtain or attempt to obtain any materials or information through any means not intentionally made available or provided for use to you through this Site.

Rights in Work. Title to and ownership of all information, products or services contained on this Site, including, but not limited to, business processes and business process systems, software, software documentation and Company trademarks (collectively referred to as “Work(s)”) and all proprietary rights therein shall at all times remain the sole property of the Company and are protected by copyrights, patents, trade secrets or other proprietary rights. No license or other right is hereby transferred or granted to User, including any license by implication, estoppel or otherwise, under any patent, trade secret, trademark or copyright. You agree to grant to the Company a non-exclusive, royalty-free, worldwide, sub-licensable, perpetual license, with the right to sub-license, reproduce, distribute, transmit, create derivative works from, publicly display and publicly perform any materials and other information (including, without limitation, ideas contained therein for new or improved products and services) for any and all ideas, material, information and communication you submit to any public areas of this Site (such as bulletin boards, forums and newsgroups) or by e-mail to the Company by all means and in any media now known or hereafter developed. You also grant to the Company the right to use your name in connection with the submitted materials and other information as well as in connection with all advertising, marketing and promotional material related thereto. You agree that you shall have no recourse against the Company for any alleged or actual infringement or misappropriation of any proprietary right in your communications to the Company. If you believe that content appearing on this Site constitutes copyright infringement of another party’s rights, please follow the instructions on our Copyright and Copyright Agent web page.

Third Party Trademarks. This Site may include the marks of third parties. Any names on this Site not claimed by the Company are the exclusive trademarks or service marks of their respective owners.

Copies of Company Work. Unless otherwise previously agreed to in writing signed by Company, User may not copy, reproduce, or otherwise replicate in any form, any Work. All copies of the Work are the property of the Company. To the extent replication is allowed under these Terms of Use, User shall reproduce and include any copyright, trademark and/or other proprietary notices in a prescribed form on all copies of the Work.

Termination/Access Restriction. The Company reserves the right, in its sole discretion, to terminate your access to this Site or any portion thereof at any time, without notice to any User who violates these Terms of Use.

Liability Disclaimer. THE INFORMATION, SOFTWARE, PRODUCTS, AND SERVICES INCLUDED IN OR AVAILABLE THROUGH THIS SITE MAY INCLUDE INACCURACIES OR TYPOGRAPHICAL ERRORS. CHANGES ARE PERIODICALLY ADDED TO THE INFORMATION HEREIN. THE COMPANY MAY MAKE IMPROVEMENTS AND/OR CHANGES TO THIS SITE AT ANY TIME. THE COMPANY MAKES NO REPRESENTATIONS ABOUT THE SUITABILITY, RELIABILITY, AVAILABILITY, TIMELINESS AND ACCURACY OF THE INFORMATION CONTAINED ON THIS SITE. ALL INFORMATION, SOFTWARE, PRODUCTS, SERVICES, RELATED GRAPHICS AND YOUR PARTICIPATION WITH THIRD PARTIES FOUND THROUGH THIS SITE ARE PROVIDED “AS-IS,” WITHOUT WARRANTY OF ANY KIND. THE COMPANY HEREBY DISCLAIMS ALL WARRANTIES AND CONDITIONS WITH REGARD TO THIS INFORMATION, SOFTWARE, PRODUCTS, SERVICES AND RELATED GRAPHICS, INCLUDING ALL IMPLIED WARRANTIES AND CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NON-INFRINGEMENT. IN NO EVENT SHALL THE COMPANY BE LIABLE TO USER FOR ANY DIRECT, INDIRECT, PUNITIVE, INCIDENTAL, SPECIAL OR  CONSEQUENTIAL DAMAGES, OR ANY DAMAGES WHATSOEVER INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OF USE OR LOSS OF DATA OR PROFITS ARISING OUT OF OR IN ANY WAY CONNECTED WITH THE USE OR PERFORMANCE OF THIS SITE, WITH THE DELAY OR INABILITY TO USE THIS SITE OR RELATED SERVICES, THE PROVISION OF OR FAILURE TO PROVIDE SERVICES, OR FOR ANY INFORMATION, SOFTWARE, PRODUCTS, SERVICES AND RELATED GRAPHICS OBTAINED THROUGH THIS SITE, OR OTHERWISE ARISING OUT OF THE USE OF THIS SITE, WHETHER BASED ON CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY OR OTHERWISE, EVEN IF THE COMPANY HAS BEEN ADVISED OF THE POSSIBILITY OF DAMAGES. BECAUSE SOME STATES/JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, PORTIONS OF THE ABOVE LIMITATION MAY NOT APPLY TO YOU. IF USER IS DISSATISFIED WITH ANY PORTION OF THIS SITE, OR WITH ANY OF THE TERMS OF USE, USER’S SOLE AND EXCLUSIVE REMEDY IS TO DISCONTINUE USING THIS SITE.

Links. This Site may provide, or third parties may provide, links to non-Company sites or resources. You acknowledge that the Company has no control over such sites and resources and you agree that the Company is not responsible for the availability of such external sites or resources, and does not endorse and is not responsible or liable for any content, advertising, products, or other materials on or available from such sites or resources. You further acknowledge and agree that the Company shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with use of or reliance on any such content, goods or services available on or through any such site or resource.

No Modification. User agrees that it shall not modify, reverse engineer, decompile, create other works from or disassemble any software programs contained in the Work.

Severability. If one or more provisions of these Terms of Use are held to be unenforceable under applicable law, the parties agree to renegotiate such provision in good faith. In the event that the parties cannot reach a mutually agreeable and enforceable replacement for such provision, then (a) such provision shall be excluded from these Terms of Use, (b) the balance of these Terms of Use shall be interpreted as if such provision were so excluded and (c) the balance of these Terms of Use shall be enforceable in accordance with their terms.

Governing Law; Jurisdiction. These Terms of Use and all acts and transactions pursuant hereto and the rights and obligations of the parties hereto shall be governed, construed and interpreted in accordance with the laws of the State of Oregon, without giving effect to principles of conflicts of law. Each of the parties hereto consents to the exclusive jurisdiction and venue of the courts of Oregon City, Oregon.

Remedies; Indemnification. The Company and User each agree that the obligations of User set forth in these Terms of Use are necessary and reasonable in order to protect the Company and its business. The Company and User each expressly agree that due to the unique nature of the Company’s Work, monetary damages would be inadequate to compensate the Company for any breach by User of its covenants and agreements set forth in these Terms of Use. Accordingly, the Company and User each agree and acknowledge that any such violation or threatened violation shall cause irreparable injury to the Company and that, in addition to any other remedies that may be available in law, in equity or otherwise, the Company shall be entitled (a) to obtain injunctive relief against the threatened breach of these Terms of Use or the continuation of any such breach by User, without the necessity of proving actual damages, and (b) to be indemnified by User from any loss or harm, including, but not limited to, attorney’s fees, arising out of or in connection with any breach or enforcement of User’s obligations under these Terms of Use or the unauthorized use or disclosure of the Company’s Work.

Amendment and Waiver. Company reserves the right to change the terms, conditions, and notices under which access to this Site is offered. You are responsible for regularly reviewing these Terms of Use. The Company’s failure to enforce any provision of these Terms of Use shall not constitute a waiver of any term hereof.

Legal Notices

Privacy Policy
This web site (this “Site”), is provided to you by MONITOR COOPERATIVE TELEPHONE COMPANY’s (Monitor) privacy policy as described in this policy statement applies to information that Monitor may collect through this Site. While this policy should be read in conjunction with Monitor’s other Internet-related service agreements, this policy is intended to apply to Monitor’s privacy policy as it is practiced on this Site. You may have other privacy rights not discussed in this policy statement related to your rights as a subscriber of cable services, such as those rights under the Cable Communications Policy Act, 47 U.S.C. §551.

Questions regarding Monitor’s privacy policies can be directed to Monitor by writing to us at:
MONITOR COOPERATIVE TELEPHONE COMPANY
15265 Woodburn Monitor Rd. NE
Woodburn, OR 97071
Attn: General Manager/President

Information Collection and Use
A special note about children: Monitor does not knowingly collect personally identifiable information from children under the age of thirteen and does not wish to collect any such information. It is Monitor’s view that children should always get permission from their parents before sending any information about themselves (such as their names, e-mail addresses, and phone numbers) over the Internet or through other means of communication, whether to us or to anyone else.

To make use of some features on the Site, visitors may be asked to provide certain personally identifiable information. We may ask, for example, for your name, e-mail address, and zip code, information regarding your product selections, and information on your personal interests as they relate to Monitor’s service offerings, (such as your preferences for television viewing, sports, personal finance, and the performing arts). In some instances, the information you provide may be necessary for us to provide to you service or product requests you have made or to provide you with service and product information that you may have requested. We may also use information you provide to offer you a more personalized web site visit, to tailor this Site to your interests, to make our products and services more useful to you, and to contact you regarding other products and services that we think you might find of interest. In the event you agree to submit any personally identifying information over this Site, Monitor (i) will use the information for the purposes described at the time you submit it (for example, your name, address, telephone number, and e-mail address provided while ordering one of our products or services will be used in connection with the processing and fulfillment of your order) and (ii) may use the information to contact you to make you aware of other products and services of interest. Of course, if you want to remain completely anonymous, you’re still free to take advantage of the publicly available content on the Site without registration.

Monitor may use tools such as “cookies” that remember certain information in order to enhance your subsequent visits to this Site. “Cookies” are small data files sent to your browser and stored on your hard drive. We may use cookies to offer customized services and collect information on Internet usage. These files do not collect personally identifiable information about you.

Third Parties
Third parties displayed on this Site or that this Site links to, may also collect information about you. Monitor does not control these third parties, and you must check their privacy policy to see whether and how it uses your information. Remember, you can set your browser to disable cookies. Also, if you are concerned about cookies you may be able to opt out of many major advertising networks’ use of cookies at http://www.networkadvertising.org/optout_nonppii.asp.

Other than information you voluntarily provide to us through this Site, any information we collect will be used in an aggregate, non-personally identifiable form to, among other things, measure the use of this Site and determine which products and services are the most popular with this Site’s visitors.

Other Web Sites
This Site may include links to other web sites. Monitor does not control the privacy policies of others’ web sites. The privacy policy of these non-Monitor web sites will be governed by the privacy policy of the operator of the web site you’re visiting. That policy may differ substantially from Monitor.

Security
All information gathered on this Site is stored by Monitor and its Internet service provider. Monitor takes the security of your information seriously. However, no security system is impenetrable. Monitor cannot guarantee the complete security of information collected on this Site, nor can Monitor guarantee that information you supply won’t be intercepted while being transmitted to us over the Internet. Again, if you are concerned about the security of your personally identifiable information collected via this Site, please do not submit or post any information to Monitor via this Site.

Changes to this Privacy Statement
Monitor may change its privacy policy from time to time and at its discretion. All changes will be posted on this Site. By continuing to use this Site after changes are posted, you accept and agree to Monitor privacy policy, as modified. You understand that changes posted to this Site may affect Monitor’s privacy policy at any time and without notice to you, and you further agree to keep yourself apprised of any such changes.