Terms and Conditions

The following terms and conditions apply to all customers subscribing to Bridger Valley Electric' s Internet-Service BVEA has published this Acceptable Use Policy as part of our overall effort Lu provide high quality, reliable service to our customers; protect the privacy and security of our customers, systems, and networks; encourage responsible use of network resources; and comply with applicable laws. This Policy describes the types of uses of the IP Network which are contrary to our objectives and which are, therefore, prohibited. To achieve our objectives, BVEA may in its sole discretion determine whether a use of the IP Network is a violation of this Policy. While it is not BVEA's intent to monitor, control, or censor communications on the IP Network, when we become aware of a violation of this Policy, we may take such action as we deem appropriate to address the violation, as referenced below.

This Policy applies to all customers and end users of BVEA's IP services.

Note: BVEA reserves the right to make changes to this Acceptable Use Policy at its sole discretion, as determined necessary. The Customer is solely responsible for complying with the terms of any such modified Acceptable Use Policy. The current version of the Acceptable Use Policy can be found at ISP Acceptable Use Policy.

The BVEA IP Network may not be used in connection with criminal or civil violations of state, federal, or international laws, regulations, or other government requirements. Such violations include theft or infringement of copyrights, trademarks, trade secrets, or other types of intellectual property; fraud; forgery; theft or misappropriation of funds, credit cards, or personal information; and threats of physical harm or harassment. Examples of such uses are:

Storing, posting, or transmitting unlawful materials, e-mail or information;

Storing, posting or transmitting materials, e-mail, or information that would constitute an infringement upon the patents, copyrights, trademarks, trade secrets, or other intellectual property rights of others;

Storing, posting, or transmitting materials constituting or encouraging conduct that would constitute a criminal offense, give rise to civil liability, or otherwise violate any local, state, national, or international law, including without limitation the U.S. export control laws and regulations;

Storing, posting, or transmitting materials that would give rise to liability under the Computer Fraud and Abuse Act;

Storing, collecting, posting, or transmitting credit card, debit card, electronic funds transfer numbers, or other similar types of data for either a fraudulent or illegal purpose, or in a manner that would permit others to use such data for a fraudulent or illegal purpose; and collecting, without adequate security and a legitimate purpose (as determined by BVEA), any of the following: (a) information from Users under the age of sixteen (16) without consent from such Users' parents or legal guardians; (b) User's personal health information or personal financial information without informed consent from such User; or (c) other personal information without advising the User.

Posting, transmitting, re-transmitting, or storing material on or through any of BVEA's products or services, if in the sole judgment of BVEA such posting, transmission, re-transmission , or storage is: (a) in violation of any local, state, federal, or non-United States law or regulation (including rights protected by copyright, trade secret, patent, or other intellectual property or similar laws or regulations); (b) threatening or abusive; (c) obscene; (d) indecent; or (e) defamatory. Each customer shall be responsible for determining what laws or regulations are applicable to his or her use of the products and services.

Installation or distribution of "pirated" or other software products that are not appropriately licensed for use by customer.

Deceptive marketing practices.

Exporting, re-exporting, or permitting downloads of any content in violation of the export or import laws of the United States or without all required approvals, licenses and exemptions.

The BVEA IP Network may not be used in connection with attempts - whether or not successful - to violate the security of a network, service, or other system. Examples of prohibited activities include hacking, cracking into, monitoring, or using systems without authorization; scanning ports; conducting denial of service attacks; and distributing viruses or other harmful software.

Customers are responsible for maintaining the basic security of their systems to prevent their use by others in a manner that violates this Policy. Examples include improperly securing a mail server so that it may be used by others to distribute spam, or improperly securing an Ff P server so that it may be used by others to illegally distribute licensed software. Customers are responsible for taking immediate corrective actions on vulnerable or exploited systems to prevent continued abuse.

The BVEA IP Network may not be used to transmit materials of a threatening nature, including threats of death or physical harm, harassment, libel, and defamation. Examples of such uses are:

Storing, posting, or transmitting harassing, threatening, or abusive materials, e­ mail, or information;

Storing, posting, or transmitting defamatory, libelous, slanderous or scandalous materials, e-mail or information;

The BVEA IP Network may not be used for the distribution of offensive materials, including obscene, pornographic, indecent, and hateful materials.

Spam is an unacceptable use of the BVEA IP Network. Spam includes any of the following activities:

Posting a single message or messages similar in content, to more than five on-line forums or newsgroups.

Posting messages to on-line forums or newsgroups that violate the rules of the forums or newsgroups.

Collecting the responses from unsolicited e-mail.

Sending any unsolicited e-mail that could be expected, in BVEA's discretion, to provoke complaints.

Sending e-mail with charity requests, petitions for signatures, or any chain mail related materials.

Sending unsolicited e-mail without identifying in the e-mail a clear and easy means to be excluded from receiving additional e-mail from the originator of the e-mail.

Sending e-mail that does not accurately identify the sender, the sender's return address, and the e-mail address of origin.

In addition, this policy applies to any e-mail or content transmitted by you or on your behalf which uses a BVEA account as a mailbox for responses or promotes content hosted or transmitted using BVEA facilities, or which indicates in any way that BVEA was involved in the transmission of such e-mail or content.

The Services may not be used for abusive purposes, as determined by BVEA. Abusive purposes include, without limitation, effecting or participating in any of the following activities via the Services provided by BVEA:



Posting five (5) or more messages similar in content to Usenet or other newsgroups, listservs, forums, e-mail mailing lists, or other similar groups or lists;

Posting to any Usenet or other newsgroups, listservs, forums, e-mailing lists, or other similar groups or lists articles which are off-topic according to the charter or other owner-published FAQs, rules, policies, or descriptions of the group or list

Sending unsolicited e-mailings (including, without limitation, commercial advertising and informational announcements) to more than five (5) e-mail addresses within a forty-eight (48) hour period, if such unsolicited e-mailings could reasonably be expected to or do in fact provoke complaints;

Falsifying User information provided to BVEA or to other Users of the Services;

Engaging in any of the foregoing activities by using the services of another provider, but channeling such activities through an account provided by BVEA, re-mailer, or otherwise through the Services or using an account provided by BVEA as a mail drop for responses or otherwise using the services of another provider for the purpose of facilitating the foregoing activities if such use of another party's service could reasonably be expected to adversely affect the provider of Services or its supplier.

Sending unsolicited mail messages, including the sending of "junk mail" or other advertising material to individuals who did not specifically request such material, who were not previous customers of the customer, or with whom the customer does not have an existing business relationship (e.g., e-mail "spam").

Harassment, whether through language, frequency, or size of messages.

Unauthorized use or forging of mail header information.

Solicitations of mail or any other e-mail address other than that of the poster's account or service, with the intent to harass or collect replies.

Creating or forwarding "chain letters" or other "pyramid schemes " of any type.

Use of unsolicited e-mail originating from within the BVEA network or networks of other Internet Service Providers on behalf of or to advertise any service hosted by BVEA or connected via the BVEA network.

No User shall interfere with any other person's use of the Services or the Internet by effecting or participating in any of the following activities via the Services provided by BVEA:



Restricting or inhibiting any other User or any other person from using and enjoying Services and/or the Internet;

Posting or transmitting any information or software that contains a virus worm, cancelbot or other harmful component;

Without permission from the owner of a system or network, doing any of the following: (a) accessing the system or network, (b) monitoring data or traffic, (c) probing, scanning, or testing firewalls, (d) testing the vulnerability of a system or 1etwork, or (e) breaching the security or authentication routines of a system or network;

Conducting or forwarding surveys, contests, pyramid schemes, charity requests, or chain letters;

Relaying e-mail in an anonymous fashion or forging any TCP-IP packet header; or

Mailbombing, flooding, overloading, attacking, or otherwise interfering with a system or network.

Actions that restrict or inhibit anyone-whether a customer of BVEA or otherwise-in his or her use or enjoyment of BVEA's products and services, or that generate excessive network traffic through the use of automated or manual routines that are not related to ordinary personal or business use of Internet services.

Introduction of malicious programs into the BVEA network or servers or other products and services of BVEA (e.g., viruses, trojan horses, and worms).

Causing or attempting to cause security breaches or disruptions of Internet communications. Examples of security breaches include but are not limited to accessing data of which the customer is not an intended recipient or logging into a server or account that the customer is not expressly authorized to access. Examples of disruptions include but are not limited to port scans, flood pings, packet spoofing, and forged routing information.

Executing any form of network monitoring that will intercept data not intended for the customer.

Circumventing user authentication or security of any host, network, or account.

Interfering with or denying service to any user other than the customer's host (e.g., denial of service attack).

Using any program/script/command, or sending messages of any kind, designed to interfere with, or to disable a user's terminal session.

No failure or delay in exercising or enforcing this policy shall constitute a waiver of the policy or of any other right or remedy. If any provision of this policy is deemed unenforceable due to law or change in law, such a provision shall be disregarded, and the balance of the policy shall remain in effect.

Upon notification of the existence of an abusable resource (e.g., open news server, unsecured mail relay, or smurf amplifier), the customer shall immediately take all necessary steps to avoid any further abuse of such resource. Any abuse of an open resource that occurs after the customer has received such notification shall be considered a violation of this policy and enforced as such.

The resale of BVEA products and services is not permitted, unless expressly permitted in a written agreement with BVEA.

Violations of this Policy may result in a demand for immediate removal of offending material, immediate temporary or permanent filtering, blocked access, suspension or termination of service, or other action appropriate to the violation, as determined by BVEA in its sole discretion. When feasible, it is BVEA's preference to give notice so that violations may be addressed voluntarily; however, BVEA reserves the right to act without notice when necessary, as determined by BVEA in its sole discretion. BVEA may involve, and will cooperate with, law enforcement if criminal activity is suspected. Violators may also be subject to civil or criminal liability under applicable law. Refunds or credits are not issued in connection with actions taken for violations of this Policy.

BVEA may immediately suspend and/or terminate the customer's service for violation of any provision of this policy upon verbal or written notice, which notice may be provided by voice-mail or e-mail. Prior to suspension or termination, BVEA attempts to work with our customers to cure violations of this policy and ensure that there is no re-occurrence; however, BVEA reserves the right to suspend or terminate based on a first offense.

Violation of this Policy may result in civil or criminal liability, and BVEA may, in addition to any remedy that it may have at law or in equity, terminate permission for the User to use the Services and charge User any applicable cancellation or termination fee. In addition, BVEA may investigate incidents that are contrary to this Policy and provide requested information to third parties who have provided notice to BVEA stating that they have been harmed by a User's failure to abide by this Policy or the policies listed above. BVEA's failure to enforce this policy in every instance in which it might have application does not amount to a waiver of BVEA's rights.

BVEA has no obligation to monitor the Services, but may do so and disclose information regarding use of the Services for any reason if BVEA, in its sole discretion, believes that it is reasonable to do so, including to: satisfy laws, regulations, or governmental or legal requests; operate the Services properly; or protect itself and its interests.

BVEA makes no guarantee of confidentiality or privacy of any information transmitted through or stored upon BVEA technology and makes no guarantee that any other entity or group of users will be included or excluded from BVEA's network. In addition, BVEA may periodically monitor transmissions over its network for maintenance, service quality assurance, or any other purpose permitted by the Electronic Communications Privacy Act, P.L. No. 99-508, as amended.

BVEA assumes no responsibility for the content contained on the Internet or otherwise available through the network or from any source accessible via BVEA'S services. BVEA discloses and Subscriber acknowledges that there may be content on the Internet or otherwise available through the services provided by BVEA which may be offensive to some individuals, which may not be in compliance with local, state or federal laws, rules or regulations, including but not limited to pornographic, or otherwise inappropriate or sexually explicit or offensive content.

Subscriber acknowledges to BVEA that its use of BVEA's service to access information, content or other services is at its own risk.

BVEA has no control over certain types of interference and signal blockage. We do not guarantee any level or quality of service. If the service becomes unusable and cannot be restored within 2 working days, your account will be credited for the outage.

BVEA cannot be held liable for any type of loss, whether actual or perceived, due to a lack of service.

Subscriber understands that service will be interrupted from time to time for various reasons including maintenance, upgrade and power outages. There will be no warning for some of the outages.