- Acceptable Use
- AcenTek Backup Battery Policy
- AcenTek Reliability Guarantee
- Broadband Internet Access Service Policy
- Do Not Call
- Equipment Return Policy
- Iowa Services Catalog
- Local Tariffs
- Red Flag Rules
- Refer a Friend Policy
- Terms of Service
- Velocity Introductory Offer
AcenTek Reliability Guarantee
If you have Business Internet services through AcenTek and your Internet connection is down because of AcenTek service or AcenTek equipment issues, you are eligible for a refund for the cost of your Internet service for that period of time. This guarantee is valid for business customers only, located in our serving area in Minnesota and Iowa. Eligible businesses must call in to report the outage during the time your services are down. Our support team will evaluate the trouble to see if you qualify for the credit. If you do qualify, the credit will be issued on your next invoice. AcenTek shall not be liable for any indirect, incidental, consequential, punitive, reliance or special damages including without limitation, damages for lost profits, advantage, savings or revenues of any kind, lost business, or increased cost of operations. This credit is in reference to the cost of the service for the period of the outage only. Contact AcenTek with questions.
Refer a Friend Policy
Recommend AcenTek to a friend and tell them to mention your full name, as on the account, when they call to subscribe for services. After your friend has had services installed and maintains AcenTek services for 30 days you will receive a $50 AcenTek Referral Credit on your next bill. Referred customer is eligible for the $50 Referral Credit at the time they sign up for one, or any combination of AcenTek services and will be applied to their bill, at least 30 days after receiving AcenTek service(s). The Referral Credit applies only to new AcenTek customers who have not had AcenTek services in the last 30 days. Offer valid for residential customers only, excludes businesses. As an active AcenTek customer, there is no limit to how many friends you refer to AcenTek. Credit is not redeemable for cash and cannot be combined with any other offer.
Velocity Introductory Offer
Sign up for either Extreme or Maximum Velocity Internet through AcenTek and for the first year, you will save $20 per month. We will even install your service free of charge. Mention promotion code VELOCITY when you call in to order Internet service. This offer good for residential internet only and cannot be combined with any other offer. New customers are those who have not had Internet services from AcenTek for at least 30 days, and have no outstanding balance due at AcenTek. Limited time offer.
This Acceptable Use Policy (“AUP”) has been created to promote the integrity, security, reliability and privacy of AcenTek’s Internet Product Network (“the Service”). The AUP works in conjunction with the Terms of Service Agreement (“TOS”) of each particular product and specifies actions that are prohibited by users of the Service. AcenTek reserves the right to modify the AUP at any time and any such modifications shall be automatically effective to all users when adopted by AcenTek. The customer recognizes and agrees that the online AUP to be maintained by AcenTek will supersede all previous versions of this document.
Use of the Service is subject to the following rules and guidelines as well as product specific Terms of Service agreements. Each customer of the Service is responsible for ensuring that the use of all services provided complies with this AUP and associated TOS. Any user who does not agree to be bound by these terms should immediately stop their use of the Service and notify AcenTek Customer Service to terminate the account.
The Service may be used only for lawful purposes. Transmission, reception, storage and/or distribution of any material in violation of any applicable law or regulation is prohibited. This includes, without limitation, material protected by copyright, trademark, trade secret or other intellectual property right used without proper authorization, and material that is obscene, defamatory, constitutes an illegal threat or violates export control laws. Furthermore, use of the Service to impersonate a person or entity is not permitted.
System and Network Security
Violations of system or network security are prohibited and may result in criminal and civil liability. Examples of system or network security violations include, without limitation, the following:
- 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, relay communication through a resource or to breach security or authentication measures without express authorization of the owner of the system or network.
- Unauthorized monitoring of data or traffic on any network or system without express authorization of the owner or network.
- Interference with service to any user, host or network, including but not limited to mail bombing, flooding or denial of service attacks.
- Forging the header of any transmitted information packet, e-mail or Usenet posting.
- Modifying or tampering with any hardware, software or configuration provided by AcenTek including but not limited to routers, switches, and cable modem configuration files.
- Disrupting any aspect of the AcenTek Internet Network through any means.
- Excessive use of bandwidth, that in AcenTek’s sole opinion, goes above normal usage or goes beyond the limit allocated to the user.
- Assuming or assigning an AcenTek IP address that was not allocated to the user by AcenTek or its network—all residential users must use DHCP to acquire an IP address, business users should refer to the specific product TOS for further clarification.
Spam—AcenTek defines “spam” as any e-mail or electronic communication including, but not limited to, instant messenger programs, IRC, Usenet, etc. that promotes or advertises a service, product, cause, opinion, money making opportunity or the like that the recipient did not specifically request from the sender. The communication does not necessarily have to pass through the Service’s e-mail infrastructure—it only needs to originate from a service user. Residential service users may not send any communication meeting the definition above regardless of whether the recipient requested it or not. Business users should refer to their contract for further clarification of this issue.
AcenTek maintains a zero-tolerance policy on spam for all of its Internet products and will take immediate action against users violating this policy.
AcenTek’s internet services may not be used to collect responses from unsolicited email regardless of the e-mail’s origination. Moreover, unsolicited e-mail may not direct the recipient to any Web site or other resource that uses the Service and the user may not reference the Service in the header or by listing an IP address that belongs to the Service in any unsolicited e-mail even if that e-mail is not sent through the Service or its infrastructure.
Users may not send any type of communication to any individual who has indicated that he/she does not wish to receive messages from them. Continuing to send e-mail messages to anyone that has expressly requested not to receive e-mail from you is considered to be harassment.
Users may not spam newsgroups or chat rooms and must comply with the written charters, FAQs, rules or terms of service for those forums the user chooses to participate. The user is responsible for determining the policies of a given group/room before posting to it. Additionally, users are not permitted to:
- Cross-post the same or substantially similar message excessively—in AcenTek’s sole opinion
- Post binary files to non-binary groups
- Flood or disrupt a group
Customers shall take all necessary steps to avoid actions that result in the abuse of a resource on their network. Examples of abuse resources include but are not limited to: open news servers, open SMTP servers, insecure routers, wireless access and insecure proxy servers. Upon notification from AcenTek, users are required to address the problem in a timely fashion. Failure to address an issue after notification will be considered a violation of this AUP. Not all products permit use of these types of services, please refer to your product specific TOS for further clarification.
The user is solely responsible for the security and misuse of any device that is connected to the Service. AcenTek recommends that users implement appropriate measures to secure their systems, and these measures may include installation of firewalls, antivirus protection with regular updates, regularly checking for and applying security patches for software and operating systems and general security conscience use of the service.
Service users must take appropriate action to prevent their systems from becoming infected with and/or distributing computer viruses. AcenTek will take appropriate (as decided by AcenTek) action against users infected with computer viruses or worms to prevent further spread.
AcenTek reserves the right to investigate violations of this Policy, including the gathering of information from the user or users involved and the complaining party, if any, and the examination of material on AcenTek’s servers and network. AcenTek prefers to advise customers of AUP violations and any necessary corrective action but, if AcenTek, in its sole discretion, determines that a user has violated the AUP, AcenTek will take any responsive action that is deemed appropriate without prior notification. Such action includes but is not limited to temporary suspension of service, reduction of service resources, and termination of service. AcenTek is not liable for any such responsive action and these actions are not exclusive. AcenTek may take any other legal or technical action it deems appropriate.
The failure of AcenTek to enforce this policy, for whatever reason, shall not be construed as a waiver of any right to do so at any time
Federal law allows telephone companies and wireless telecommunications carriers to use, disclose, or permit access to your information as required by law; with your approval; or in providing the service from which your information was obtained.
What is this information?
It is information called Customer Proprietary Network Information (CPNI) and includes the phone numbers called by a consumer, the frequency, duration, and timing of such calls, and any services purchased by the consumer, such as call waiting.
Who can use this information?
AcenTek will use this information. However, we will not provide your personal information to unaffiliated third parties for the marketing of third-party products without your consent.
How can AcenTek use this information?
This information can be used to advise you about innovative communications services or new communications technology and products. We also provide this information to third parties in order to provide certain AcenTek-offered products and services, such as our long distance service.
Will AcenTek protect my information?
YES! You have the right, and we have the duty, under federal law, to protect the confidentiality of this information. Therefore, regardless of whether or not you consent to allowing us to continue providing you with marketing and educational mailings, your account information will be treated confidentially.
How does AcenTek protect my long distance call information?
If you or someone else calls us with questions about your call details, we will only give out the information by:
- calling the person back at the phone number listed on the account, or
- mailing the information to the billing address on file, or
- asking the person for the password that you had already set up for your AcenTek account. (The password cannot be something familiar to others such as Social Security numbers, mother’s maiden name, birth dates, etc.)
What action is necessary on my part to show consent
No action is necessary. If you do not contact us within 30 days and indicate that we may not use the information to continue providing you with marketing and educational mailings, we will continue to do so.
What if I do not consent?
You can contact us using the contact information below and indicate that you are withdrawing your approval of our use of your CPNI. We will not accept verbal requests; they must be written or emailed. After we receive your request, you will not receive targeted marketing information from us.
Denial of approval will not affect the provision of any services to which you subscribe. You may miss the opportunity to learn of new, innovative service proposals, new packaging that could reduce your monthly bill, or new lower rates on services such as long distance. You will still receive monthly bill inserts, quarterly newsletters, and other publications that are sent to all customers at the same time to keep you up to date on what is happening at AcenTek.
If I consent, can I change my mind?
YES. You can contact us at any time. Until you do so, your consent is valid
PO Box 360
Houston, MN 55943 AcenTek
PO Box 509
Allendale, MI 49401 AcenTek
PO Box 69
Mesick, MI 49668
Broadband Internet Access Service Policy
To view this document, click here.
Do Not Call
AcenTek maintains the highest standards of ethical conduct in all its marketing activities and is committed to complying with all federal and state law.
No employee or agent of AcenTek shall engage in telemarketing practices that violate the provisions of the Telephone Consumer Protection Act of 1991, the FTC Telephone Sales Rule, or applicable state regulations. In performing its duties under these requirements, AcenTek provides a written copy of this Do Not Call Policy to all personnel or entities that make calls for telemarketing purposes on our behalf. In addition, we also provide training to all our business office personnel and any personnel engaged in any aspect of telemarketing on our behalf, to ensure that they are informed and knowledgeable in regard to the existence, use and maintenance of our “Do Not Call” list.
If you don’t want to receive sales calls from AcenTek, you can ask us to place your telephone number on the AcenTek “Do Not Call” list. In compliance with federal and state laws, upon your request, we’ll make a record in our files that you contacted us and we will immediately add your number to our “Do Not Call” list. Please allow up to 31 days for your telephone number to be removed from any sales programs that may be currently underway.
- To add your telephone number to our “Do Not Call” list, you can make your request in writing to the address below or by calling 507-896-3192. You should include your name, address and telephone number in your request.
Attention: “Do Not Call” List Administrator
PO Box 360
Houston MN 55943-0360
PO Box 509
Allendale, MI 49401
PO Box 69
Mesick, MI 49668
- If you have multiple telephone numbers, please tell us all numbers that you want included on the “Do Not Call” list.
- If your telephone number changes, you must give us your new information for your “Do Not Call” status to remain in effect.
- Telephone numbers on our “Do Not Call” list will only be removed when they are disconnected and reassigned, or when you notify us to remove your number(s) from our “Do Not Call” list.
Being on AcenTek’s “Do Not Call” list means that you won’t receive sales calls by anyone representing AcenTek. We may still contact you, however, for non-solicitation and nontelemarketing purposes. This would include things like surveys, billing and other service-related matters.
Please note that the AcenTek “Do Not Call” list restricts marketing contacts from AcenTek only, so you may continue to receive calls from other companies including affiliates of AcenTek unless you also contact those other companies directly. However to make this process easier, you may add your number to the National Do Not Call List. You may do so by calling 1-888-382-1222 (TTY 1-866-290-4236), or going online at www.donotcall.gov.
Please be assured that AcenTek respects your right to privacy.
- IMPORTANT: When a customer signs up for certain AcenTek-offered services, the customer may agree to policies that address service-specific privacy practices. For example, AcenTek Internet services customers are subject to additional privacy practices.
- In the normal course of providing telecommunications services, AcenTek collects and maintains certain information about customer accounts. This information, when matched to a customer’s name, address, and calling or originating billing telephone number, is known as Customer Proprietary Network Information (CPNI).
- Examples of CPNI include information typically available from details on a customer’s monthly telephone bill—the type of line, technical characteristics, class of service, current telephone charges, long distance and local service billing record, directory assistance charges, usage data, and calling patterns.
- We maintain CPNI to provide our customers with detailed and accurate billing information. We do not sell CPNI to unaffiliated third parties and abide by the federal and/or state CPNI rules that apply to all telecommunications carriers.
- When a customer subscribes to our local telephone service, we offer the customer the opportunity to request that his/her name, telephone number, and address not be published in directories or be made available through directory assistance.
- We will not provide a customer’s personal information to unaffiliated third parties for the marketing of third-party products without our customer’s consent.
- We will keep our customer’s personal information secure and confidential through safeguards such as secure encryption technology and by requiring the entry of usernames and passwords to access personal information.
Information we collect and use:
- AcenTek collects and uses customer information such as name, address, and telephone number. Personal information, such as demographics, billing, payment and transaction information, including credit card numbers, account numbers, and/or social security numbers, may be combined with customer information.
- We may use personal information to monitor our customers’ quality of service and/or to provide products and services.
- We also use personal information to market and sell AcenTek-offered products and services.
- We maintain and/or collect email addresses from customers to provide product and service information and confirmation. Email addresses may be used for marketing AcenTek-offered products and services.
Information we disclose to third parties:
- We provide personal information to third parties solely in order to provide certain AcenTek-offered products and services. For example, we disclose customer personal information to long distance carriers and their affiliates solely in order to provide long distance services.
- We may share necessary personal information with third parties, such as shipping companies, to complete an order.
- We may, where permitted by law, provide personal information to credit bureaus, or provide information and/or sell receivables to collection agencies, to obtain payment for AcenTek-offered products and services.
- We must disclose information, when requested, to comply with court orders, warrants, or subpoenas. We will also share information when necessary to prevent unlawful use of communications services, when necessary to repair network outages, and when a customer dials 911 and information regarding their location is transmitted to a public safety agency.
- Your name and number may also be transmitted and displayed on a Caller ID device unless you have elected to block such information. Please note that Caller ID Blocking does not prevent the display of your number when you dial certain business numbers, 911, 900 numbers, or toll-free 800, 888, 877, or 866 numbers.
Changes to this policy:
- If you have questions or concerns regarding this statement, you should first contact us via email at mailto:info@AcenTek.net or michinfo@AcenTek.net or miinfo@AcenTek.net
Red Flag Rules
Identity thieves use people’s personally identifying information to open new accounts and misuse existing accounts, creating havoc for consumers and businesses.
The Federal Trade Commission has established new Red Flag Rules that require financial institutions and creditors to assist consumers in preventing and alleviating theft. Based on the FTC definition of “creditor,” telecommunications providers were brought under the umbrella of these rules.
Red Flag means a pattern, practice or specific activity that indicates the possible existence of identity theft. Examples of Red Flags are:
- An alert in a consumer report
- An address discrepancy in a consumer report
- Forged or altered identification documents
- Unusual account activity such as nonpayment when there is no history of late or missed payments
AcenTek has always protected its members’ accounts and the personal information contained therein. These FTC rules simply reinforce the security process with specific guidelines to follow. We’ve developed a written program that identifies and detects the relevant warning signs (or Red Flags) of identity theft. The program also describes the responses that would be taken by our staff if a Red Flag appeared.
At AcenTek, we’re committed to protecting the confidentiality of personal information you provide to us. The Red Flag Rules are just another safeguard in protecting your privacy and your identity. If you have any questions, please call Customer Service.
Terms of Service
AGREEMENT FOR AcenTek INTERNET AND VIDEO SERVICE TO RESIDENTIAL SUBSCRIBERS FOR NONCOMMERCIAL USE
AcenTek and its subsidiaries (hereinafter “AcenTek” ) is pleased to provide AcenTek SERVICE to you in accordance with these terms and conditions. This is a legal document which governs AcenTek SERVICE provided to residential subscribers for noncommercial use. Incorporated into this document in their entirety, by reference, are the AcenTek Product Acceptable Use Policy at www.AcenTek.net , AcenTek installation documents and AcenTek products and services pricing documents. Both the terms and conditions herein and any of the incorporated policies or documents may be changed from time to time, without notice. Subscriber’s use of the AcenTek SERVICE shall be deemed an acknowledgment that Subscriber has read and agreed to this Service Agreement.
- Subscriber: Any person who uses the AcenTek SERVICE or who owns, rents, uses or resides at the premises at which the AcenTek SERVICE is located, irrespective of whether the person is named as the accountholder.
- Television,Computer: An electronic device, including PDA’s and cell phones, that can store, receive and process data and which has the minimum requirements necessary to operate the AcenTek SERVICE as outlined in the consumer informational literature provided by AcenTek.
- AcenTek Equipment: All AcenTek Equipment owned by AcenTek delivered to and installed by AcenTek in Subscriber’s home including but not limited to all gateways, remote controls, High-speed wire, the modem (unless purchased separately), router and certain software necessary to receive AcenTek SERVICE.
- Inside Wire: Inside wire is the wire located inside the Subscriber’s premises. If the Subscriber owns the premises, then Subscriber may purchase AcenTek Wire Assurance for a monthly charge. If the Subscriber does not own the premises, then Subscriber warrants to AcenTek that the Subscriber has the right to permit AcenTek to use the wire.
- Modem: A device that converts and transmits computer data over High-speed lines.
- AcenTek SERVICE: AcenTek SERVICE includes AcenTek Video which is delivered by way of gateway an electronic two-way online information and communication service of AcenTek which includes proprietary products of AcenTek as well as Internet access and which is delivered over the High-speed System or dial-up connections and accessed by the Subscriber’s personal computer, PDA and/or Cell phone via a High-speed modem or dial-up connection. High-speed is a best effort service. Subscriber will be allocated a bandwidth up to the bandwidth in the package selected.
The AcenTek SERVICE provides AcenTek Video, Internet access, and access to certain proprietary products of the AcenTek Service. If you subscribe to either AcenTek Internet access or AcenTek Video, you also may subscribe to services such as America Online and CompuServe (collectively referred to hereinafter as the “Other Services”) and transact other forms of electronic commerce. Subscriber may incur charges while using the Other Services, while engaging in ecommerce, while accessing information online or when purchasing or subscribing to certain offerings of the Other Services. Subscriber agrees to pay and be solely responsible for all such charges, including applicable fees or taxes. NO COMMERCIAL BUSINESS ACTIVITY IS ALLOWED WITH THIS AcenTek SERVICE, AS AcenTek IS NOT RESPONSIBLE FOR ANY COPYRIGHT ISSUES THAT ARE ASSOCIATED WITH COMMERCIAL USE OF THE AcenTek SERVICE. ALL AcenTek SERVICES ARE SUBJECT TO ALL APPLICABLE COPYRIGHT LAWS.
Payment of Ace Charges:
Subscriber agrees to pay the monthly rate and other applicable fees, charges, taxes, movie or video rental fees, special event rental fees, and reasonable collection costs, including attorneys fees for AcenTek SERVICE, as established from time to time by AcenTek. Subscriber must pay all undisputed charges as itemized on the AcenTek monthly invoice and notify AcenTek in writing of disputed items within thirty (30) days of receipt of the invoice, or longer as provided by applicable law. Failure to make payment when due may result in termination of AcenTek SERVICE, the removal of all AcenTek Equipment on the Subscriber’s premises and the imposition of charges for both late payment and reasonable collection costs. Rates for the AcenTek SERVICE, Ace Equipment, installation and all related services are subject to change in accordance with applicable law.
Television, Computer Equipment:
Subscriber warrants that Subscriber’s Television and Computer equipment meets the minimum requirements necessary to operate the AcenTek SERVICE as outlined in consumer informational literature provided by AcenTek.
Disruption of Service:
If Subscriber’s AcenTek SERVICE is interrupted for more than twenty-four (24) consecutive hours and if Subscriber promptly notifies AcenTek of such service interruption, AcenTek may provide Subscriber with a pro-rata credit of the current prevailing monthly rate for such interruption. Subscriber agrees not to hold AcenTek liable for incidental or consequential damages of any kind which might result from any interruption of the AcenTek SERVICE.
Repair of Ace Equipment:
AcenTek will install, repair and maintain the gateway, router or modem on the Subscriber’s premises if it was installed by AcenTek, is necessary for the provision of AcenTek SERVICE, is located on the premises upon which it was originally installed and if no more than 24 months has elapsed since the date of installation, subject to the following conditions and limitations: Subscriber agrees to connect the AcenTek Equipment only to a 110 volt properly grounded electrical outlet and to provide continuous appropriate surge protection to all AcenTek Equipment. Subscriber agrees not to connect, disconnect or tamper with the AcenTek Equipment in any way. Subscriber agrees to pay AcenTek for any cost incurred by AcenTek for repair or replacement of any AcenTek Equipment due to alteration or damage to, misuse of or tampering with the Equipment by the Subscriber, effective immediately upon installation of AcenTek SERVICE. AcenTek may impose a service charge if a technician is dispatched to repair AcenTek’s Equipment due to Subscriber’s alteration or damage to, misuse of or tampering with the Equipment if no fault is discovered in AcenTek’s system or AcenTek Equipment. AcenTek shall have the right to presume misuse or other improper operations or handling by Subscriber in the event Subscriber requests repair or replacement more than twice in any twelve (12)-month period, or more than three times in any twenty-four (24)-month period. AcenTek shall have no obligation to fulfill any such repair or replacement request by Subscriber. Subscriber agrees to continuously insure the AcenTek Equipment against loss by fire, water, theft, natural disasters, vandalism or other loss and Subscriber agrees to indemnify and hold harmless AcenTek for any such loss. AcenTek is not responsible for the maintenance or repair of Subscriber’s Computer, Modem (if Subscriber -owned) or any related or connected Subscriber-owned equipment of whatever nature. AcenTek makes no warranties with respect to the AcenTek Equipment provided by AcenTek or to whether AcenTek Equipment is compatible with Subscriber’s computer or television.
AcenTek’s system is highly sophisticated and sensitive. Any “break” in the integrity of the High-speed system will subject the system to “ingress” of radio signals, which will disrupt your service and may affect that of others. High-speed modems are not “portable” and are not permitted to operate at any location other than the address that appears on the subscriber’s account and as installed by AcenTek. Accordingly, you agree that you will not relocate, move or in any way tamper with the AcenTek Service. Notwithstanding the foregoing, upon receipt of a request by Subscriber, AcenTek may relocate the AcenTek Service for Subscriber within Subscriber’s home at a time mutually agreed to by AcenTek and Subscriber, subject to applicable listed charges for such relocation. If the Subscriber moves outside of AcenTek’s service area, Subscriber shall notify AcenTek, promptly and this Agreement shall be terminated and the provisions of Section 14 shall apply to such termination. In all cases, Subscriber shall notify AcenTek pursuant to Section 8 below.
For any inquiries or notices required in connection with this Agreement, Subscriber shall contact AcenTek by writing to: AcenTek PO Box 360 Houston, MN 55943-0360 or alternatively by calling AcenTek.
AcenTek assumes no liability for the condition or repair of any Subscriber owned equipment of any nature whatsoever, hardware or software. Subscriber is responsible for the repair and maintenance of all such Subscriber equipment, hardware and software.
Subscriber agrees to pay any local, state or federal taxes imposed or levied on or with respect to the AcenTek SERVICE, the Other Services, the AcenTek Equipment or installation or service charges incurred.
- AcenTek has no obligation to monitor AcenTek SERVICE content. However, Subscriber acknowledges and agrees that AcenTek has the right to monitor content electronically from time to time and to disclose any information as necessary to satisfy or comply with any law, regulation or other appropriate governmental request, to operate AcenTek SERVICE properly, or to protect AcenTek or its Subscribers.
- Ace shall have the right to determine, in its sole discretion, what constitutes “commercial use” of the AcenTek Service here under.
Access to Subscriber Premises:
Subscriber warrants that Subscriber is the owner of, or tenant in, the premises and is authorized to enter into and perform this Agreement. Subscriber grants to AcenTek, or its agents, the right to enter the premises for purposes of installing, connecting, disconnecting, inspecting, auditing, repairing, and removing any AcenTek Equipment installed or services provided by AcenTek. Subscriber agrees to hold AcenTek harmless for any claim of damage due to installing, connecting, disconnecting, inspecting, auditing, repairing, and removing any AcenTek Equipment installed or services provided by AcenTek.
Assignment or Transfer:
This Agreement and the AcenTek Equipment supplied by AcenTek are not assign able or otherwise transferable by Subscriber.
Termination and Expiration:
- Termination by Subscriber: Unless otherwise terminated, this Agreement shall automatically renew on a month to month basis. Subscriber acknowledges that upon such renewal all pricing is subject to change at AcenTek’s sole discretion.
- Termination for Bankruptcy: AcenTek shall have the right to terminate this Agreement immediately in the event that Subscriber makes an assignment for the benefit of creditors, or a voluntary or involuntary petition is filed by or against Subscriber under any law having for its purpose the adjudication of Subscriber as bankrupt or the reorganization of Subscriber.
- Termination for Breach: In the event of any breach of this Agreement by Subscriber, or the failure of Subscriber to abide by the rates, rules and regulations of AcenTek, or if Subscriber uses the AcenTek SERVICE to violate any local, state or federal law, this Agreement may be, at AcenTek’s sole option, terminated and AcenTek’s Equipment removed. Failure of AcenTek to remove such AcenTek Equipment shall not be deemed abandonment thereof. Subscriber shall pay reasonable collection and/or attorney’s fees to AcenTek in the event AcenTek finds it necessary to enforce collection or to preserve and protect its rights under this Agreement.
- Obligations Upon Termination: The Subscriber agrees that upon termination of this Agreement: (i) Subject to 14(a), Subscriber will pay AcenTek in full for Subscriber’s use of the AcenTek Equipment and AcenTek SERVICE up to the later of: 1) the effective date of termination of this Agreement 2) the date on which the AcenTek SERVICE has been disconnected. The Subscriber agrees to pay AcenTek on a prorated basis for any use by the Subscriber of the AcenTek SERVICE for a part of a month;
- Subscriber will promptly return all AcenTek Equipment to AcenTek. In the event that Subscriber fails to return any AcenTek Equipment within ten (10) days of the termination of this Agreement, Subscriber shall be liable to AcenTek for the actual replacement cost of such AcenTek Equipment, or be subject to a non-return fee, which fee shall be subject to change in accordance with applicable law;
Renewal after Cancellation or Termination:
Subscriber acknowledges and agrees that in the event of renewal after cancellation or termination of AcenTek SERVICE, Subscriber shall be subject to the pricing, warranties and terms of AcenTek as are effective at the time of such renewal and may be required to pay a security deposit.
Change In AcenTek SERVICE:
The AcenTek SERVICE provided here under is subject to change in accordance with applicable law and policies of AcenTek.
AcenTek assumes no liability for and exercises no control over the content contained in the Internet, AcenTek SERVICE and Other Services, including content that is may be adult orientated, such as pornographic, obscene, gambling or otherwise inappropriate or offensive material and or information. Questions about blocking such content should be directed to AcenTek at the address and telephone number listed in this agreement. Further, AcenTek shall not be responsible for any products, merchandise or prizes promoted or purchased through the use of the Internet, AcenTek SERVICE, or the Other Services.
The AcenTek SERVICE utilizes a network that will allow bi-directional direct access to the Internet; i.e. Subscribers can directly access and respond to direct requests from Internet users outside the AcenTek SERVICE network. The Network is not intended to protect Subscribers from hackers gaining access to their Computer and as such, Subscribers must not rely on AcenTek to provide such functions. AcenTek shall have no liability whatsoever for any claims, losses, actions, damages, suits or proceedings resulting from, arising out of or otherwise relating to damage to the Subscriber , Subscribers private information of any nature or the Subscriber’s Computer, Television or other equipment resulting from the actions of any third party including, without limitation, hackers or computer viruses.
Limitation of Liability:
- Subscriber expressly agrees that the use of AcenTek SERVICES, software and AcenTek Equipment, as well as the purchase, download, or use of any third-party product or service provided by or accessed through AcenTek SERVICE, is at Subscriber’s sole risk and Subscriber acknowledges that this service and these materials are provided “as is” and “as available” for Subscriber’s use, without warranties of any kind, whether express or implied. Neither AcenTek nor any third-party provider of services or products makes any representations or warranties with respect to any product or service offered through the AcenTek SERVICE or the Other Services, and AcenTek shall not be party to nor responsible for monitoring any transaction between Subscriber and third-party providers of products or services.
- Unless otherwise specifically provided in this Agreement, AcenTek will not be liable to the Subscriber or to any third party for:
- any direct, indirect, incidental, special, punitive or consequential losses or damages, including loss of profits, loss of earnings, loss of business opportunities and personal injuries (including death), resulting directly or indirectly out of, or otherwise arising in connection with the use of AcenTek SERVICE by the Subscriber or any other use of the Other Services including without limitation, any damage resulting from or arising out of the Subscriber’s reliance on or use of the AcenTek SERVICE or the Other Services, or the mistakes, omissions, interruptions, deletion of files, errors, defects, delays in operation, transmission, or any failure of performance of the AcenTek SERVICE or the Other Services; and
- any losses, claims, damages, expenses, liabilities or costs (including legal fees) resulting directly or indirectly out of, or otherwise arising in connection with, any allegation, claim, suit or other proceeding based upon a contention that the use of the AcenTek SERVICE or the Other Services by the Subscriber or a third party infringes the copyright, patent, trademark, trade secret, confidentiality, privacy, or other industrial or intellectual property rights or contractual rights of any third party. This limitation applies to the acts, omissions, negligence and gross negligence of AcenTek, its officers, employees, agents, contractors or representatives which, but for this provision, would give rise to a cause of action against AcenTek in contract, tort or any other legal doctrine.
Subscriber acknowledges that by using the AcenTek SERVICE, Subscriber is agreeing to the terms and conditions of this Agreement on behalf of all persons who use the AcenTek SERVICE or the Other Services through Subscriber’s Computer, Television or other equipment. Subscriber shall be responsible for ensuring that all Subscribers understand and comply with the terms and conditions of this Agreement. Subscriber acknowledges and agrees that the Subscriber is responsible and liable for any and all breaches of the terms and conditions of this Agreement.
Prohibited Uses of AcenTek SERVICE:
Subscriber shall comply with all of AcenTek’s standards for acceptable use with respect to the AcenTek SERVICE and the Other Services and shall refrain from any and all illegal and/or inappropriate activities, including without limitation as outlined in the AcenTek Product Acceptable Use Policy. The AcenTek Product Acceptable Use Policy will be updated from time to time and the latest version will supersede all prior versions. Please check the web site at www.AcenTek.net for the most up to date AcenTek Product Acceptable Use Policy and Terms of Service Agreements. All users of AcenTek SERVICES must fully comply with all copyright laws. In addition to the prohibitions outlined in the AcenTek Product Acceptable Use Policy, Residential AcenTek users may not:
- Run any type of server on the system. This includes but is not limited to FTP, IRC, SMTP, POP, HTTP, SOCKS, SQUID, DNS or any multi-user forums;
- Register or point a domain, sub-domain, or host name to any AcenTek IP address. Moreover, users may not have traffic redirected to the AcenTek SERVICE;
- Resell, share, or otherwise distribute the AcenTek SERVICE or any portion thereof to any third party without the written consent of AcenTek. For example, Subscriber may not provide Internet access to others through a dial up connection, wireless access or host shell accounts over the Internet, provide e-mail or news service, or send a news feed.
- copy, distribute or sub license any software provided by AcenTek, except that Subscriber may make one copy of each software program for back-up or archival purposes only;
- FTP/HTTP. Subscriber should also be aware that when using the Computer to access files through means such as FTP (File Transfer Protocol) and HTTP (Hyper Text Transfer Protocol) Subscriber may open access to Subscriber’s computer to other AcenTek users and Internet users. If Subscriber chooses to make use of such applications for file retrieval, Subscriber should take the appropriate security measures. AcenTek is not responsible in any manner whatsoever so such security.
Subscriber agrees to comply with all end user license requirements relative to any of the AcenTek SERVICE or Other Services which Subscriber accesses pursuant to the terms of this Agreement.
The Subscriber agrees to back up all existing Computer files by compiling them to another storage medium prior to installation of the AcenTek Equipment. AcenTek shall have no liability whatsoever for any damage to or loss or destruction of any of Subscriber’s software, files, data, or peripherals.
Subscriber must have current/continuing virus protection at their sole cost.
AcenTek Shall not be Liable for:
- Eavesdropping; Any information sent by the Subscriber over the AcenTek SERVICE network is sent at the Subscriber’s sole risk, and AcenTek shall have no liability whatsoever for any claims, losses, actions, damages, suits or proceedings arising out of or otherwise relating to such actions by the Subscriber.
- Multiple Computer Connections; When Subscriber’s Computer is connected to a High-speed Modem, it constitutes a “local” segment. All Subscriber’s ethernet traffic on this local segment will be reflected by the High-speed Modem in an unencrypted form onto the High-speed network and be subject to eavesdropping, as previously described in subsection above.
- File and Print Sharing; Subscriber understands that users outside the Subscriber’s home may be able to access Subscriber’s Computer. Further, some software includes capabilities that permit other users across a network such as AcenTek and the Internet to gain access to the Subscriber’s Computer and to the software, files and data stored on the Computer.
- Any Subscriber who, (i) chooses to participate in the AcenTek SERVICE using other than a single, stand-alone Computer connected to the local segment, if and when this capability is offered, or (ii) chooses to enable capabilities such as file sharing, print sharing or other capabilities that allows users to gain access to Subscriber’s Computer, hereby acknowledges and agrees that the Subscriber does so at the Subscriber’s own risk.
- Any copyright violations by Subscriber.
Security:See AcenTek Product Acceptable Use Policy.
- AcenTek reserves the right to protect the integrity of its network and resources by any means it deems appropriate. This includes but is not limited to: port blocking, email virus scanning, denying e-mail from certain domains, and putting limits on bandwidth and e-mail.
- Subscriber is solely responsible for any misuse of the AcenTek SERVICE or the Other Services, as well as for the security of any device you choose to connect to the AcenTek SERVICE, including any data stored on that device, all as detailed more fully in the AcenTek Product Acceptable Use Policy.
There may be content on the Internet or otherwise available through the AcenTek SERVICE or the Other Services which may be offensive to some individuals, or which may not be in compliance with all local laws, regulations and other rules. For example, it is possible to obtain access to content which is pornographic or offensive, particularly for children. Neither AcenTek nor any of its distribution affiliates can assume any responsibility for the content contained on the Internet or otherwise available through the Other Services. You must assume the risk of accessing content through the AcenTek SERVICE, and neither AcenTek nor any of its distribution affiliates shall have any liability for any claims, losses, actions, damages, suits or proceedings arising out of or otherwise relating to access to such content. Parents may want to use a program capable of restricting access to sexually explicit material on the Internet or television or programming rental. Content questions or complaints should be addressed to the content provider or AcenTek at the address and telephone number listed in this Agreement. You are solely responsible for any information which you publish on the Web or other Internet services. You must ensure that the recipient of the content is appropriate. For example, you must take appropriate precautions to prevent minors from receiving inappropriate content. AcenTek and its distribution affiliates reserve the right to refuse to post or to remove any information or materials, in whole or in part, that AcenTek, in its sole discretion, deems to be offensive, indecent, or otherwise inappropriate regardless of whether such material or its dissemination is unlawful. By using the AcenTek SERVICE or the Other Services to publish, transmit or distribute content, a user is warranting that the content complies with this Agreement and authorizes AcenTek and its distribution affiliates to reproduce, publish, distribute, and display such content worldwide.
Users must adhere to the AcenTek e-mail policies set forth in to the AcenTek Product Acceptable Use Policy. AcenTek may, at its discretion, provide, offer for sale or subscription, or otherwise make available to Subscribers software or services for e-mail filtering, antivirus scanning, and other e-mail security solutions for the convenience of Subscribers. AcenTek shall not be responsible for nor have any liability with regard to the e-mail that users receive, nor for any lost or filtered e-mail, nor for any failure to prevent virus delivery or infection. Subscriber agrees that Subscriber has been informed that the AcenTek SERVICE includes a filter that diverts commercial mass mailings (“spam”) from user’s inbox into a bulk mail folder. User will have 7 days to review any e-mail diverted into the bulk mail folder, and to save or delete the e-mail. Any e-mail left in the bulk mail folder for over 7 days will be deleted by AcenTek. Subscriber has been informed in addition that Subscriber may opt out of this filtering service at any time by following the instructions in the User Guide. AcenTek is not responsible for the forwarding of e-mail sent to any account which has been suspended or terminated. Such e-mail will either be returned to sender, ignored, deleted, or stored temporarily at AcenTek’s sole discretion. AcenTek reserves the right to reclaim any and all e-mail addresses from Subscribers whose service has been canceled or terminated, regardless of the reason for such cancellation or termination.
See AcenTek Product Acceptable Use Policy.
Internet Relay Chat:
See AcenTek Product Acceptable Use Policy.
Violation of Ace Product Acceptable Use Policy/Terms of Service:
AcenTek does not routinely monitor the activity of accounts for violation of this Policy. However, in our efforts to promote good citizenship within the Internet community, we will respond appropriately if we become aware of inappropriate use of the AcenTek SERVICE. Neither AcenTek nor any of its distribution affiliates has any obligation to monitor transmissions made on the AcenTek SERVICE or the Other Services. However, AcenTek and its distribution affiliates have the right to monitor such transmissions from time to time and to disclose the same in accordance with these terms and conditions. You hereby authorize AcenTek and its distribution affiliates to cooperate with (i) law enforcement authorities in the investigation of suspected criminal violations, and (ii) system administrators at other Internet service providers or other network or computing facilities in order to enforce this Agreement. Such cooperation may include AcenTek providing the user name, IP address, or other identifying information. Upon termination of an account, AcenTek is authorized to delete any files, programs, data and e-mail messages associated with such account. The failure of AcenTek or its distribution affiliates to enforce this Agreement, 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 Agreement is held invalid or unenforceable, that portion will be construed consistent with applicable law as nearly as possible, and the remaining portions of this Agreement will remain in full force and effect. This Agreement shall be exclusively governed by, and construed in accordance with, the laws of the State of Minnesota.
Bandwidth, Data Storage and Other Limitations:
Subscriber agrees to comply with AcenTek’s bandwidth, data storage and other limitations of AcenTek SERVICE as established and modified by AcenTek from time to time. Subscriber agrees that its activity will not improperly restrict, inhibit or degrade any other user’s use of AcenTek SERVICE, nor represent (in the sole judgment of AcenTek) an unusually large burden on the network itself. In addition, Subscriber agrees that its activity will not improperly restrict, inhibit, disrupt, degrade or impede AcenTek’s ability to deliver and monitor AcenTek SERVICE, backbone, network nodes, and/or other network services. Your e-mail account is limited to 10 megabytes of storage space and to 90 days of storage. AcenTek reserves the right to modify, delete, or otherwise correct any accounts that exceed either limitation. Subscribers will be allocated 5 megabytes of server space. All electronic information of any nature will only be stored by AcenTek for a period of 90 days. To preserve e-mail you do not want deleted, you can set your e-mail account to ensure that your e-mail is automatically stored on your computer’s hard drive when you open it. Please check the Help section or the FAQ on your e-mail client (e.g., Outlook Express) to find out how this can be done.
AcenTek does not represent, warrant, or covenant that installation modifications, including installing network cards or similar computer equipment, and modification of computer files such as INI, BAT, SYS, DLL and other system configuration files will not disrupt the normal operations of the Subscriber’s Computer. AcenTek shall have no liability whatsoever for any damage resulting from the above or other file modifications.
AcenTek may, in its sole discretion, change, modify, add or remove portions of this Agreement at any time. AcenTek may notify Subscriber of any such changes to this Agreement by posting notice of such changes on the AcenTek SERVICE, or sending notice via e-mail or postal mail or posting the change at www.AcenTek.net. The Subscriber’s continued use of the AcenTek SERVICE following notice of such change, modification or amendment shall be deemed to be the Subscriber’s acceptance of any such modification. If Subscriber does not agree to any modification of this Agreement, Subscriber must immediately cease using the AcenTek SERVICE and notify AcenTek that Subscriber is terminating this Agreement in accordance with Section 14 of this Agreement. Additionally, this Agreement may be superseded by an AcenTek user subscription agreement subject to your approval, which shall be indicated by your use of the AcenTek SERVICE described therein.
- AcenTek does not guarantee the access to or the ability to record, display, or transfer any particular program;
- programming is not under AcenTek’s control;
- programming providers may restrict or limit the ability to record, display, view or transfer particular programs by using a variety of copy protection mechanisms;
- content providers may restrict or revoke access to their content at any time;
- AcenTek is not responsible for and has no editorial control over any Third Party Content; and
- AcenTek has no control over the distribution of such content.
You agree that AcenTek will have no liability to you, or anyone else who uses your account and DVR, with regard to any Third Party Content. By using this service you agree that AcenTek is not responsible for any content that is stored on any DVR and AcenTek will not transfer, copy, restore or repair any content that is stored on any DVR.
Third Party Content is Copyrighted:
You also understand that the Third Party Content is the copyrighted material of the third party that supplies it, is protected by U.S. copyright law and other applicable laws, and may not be reproduced, used to prepare derivative works, distributed, performed publicly or displayed publicly without the written permission of the third party that supplied it, except to the extent allowed under the “fair use” provisions of the U.S. copyright laws, other limitations on exclusive copyrights in the U.S. copyright laws, or comparable provisions of foreign laws. You hereby agree and declare that any and all Third Party Content accessed or transferred using the AcenTek service is for personal, non-commercial use and that the AcenTek service will not be used for Third Party Content to be copied or displayed before a public audience without authorization from the appropriate rights holder. Unauthorized copying or distribution of copyrighted works may constitute an infringement of the copyright holders’ rights. AcenTek reserves the right to terminate the accounts of users of any AcenTek service who infringe the copyrights of others. In addition, steps intended to defeat or bypass security measures which are designed to prevent infringement of copyrighted works may be illegal under U.S. law or comparable foreign laws. AcenTek reserves the right to terminate the service accounts of users who develop or use any method to defeat or bypass such security measures and to take any other necessary or appropriate action to prevent infringement of copyright holders’ rights.
Equipment Return Policy
AcenTek owned equipment not returned within 6 months of disconnect date will not be eligible for a refund of equipment charges.
Backup Battery Policy
Today’s advanced home voice services require backup power to continue functioning during a power outage. To avoid disruption to your home voice service during a power outage – and to maintain the ability to connect to 911 emergency services — we at AcenTek offer you the option of purchasing backup battery power for your home voice service.
A backup battery unit allows you to continue to use your home voice service during a power outage if you have a traditional corded phone. Without a backup battery or alternate backup power such as a generator, you will not be able to make any calls, including emergency calls to 911. The only way to maintain the ability to use your phone is by using some form of backup power. During a power outage our backup battery unit does not provide power to any service other than your voice service.
Purchase and Replacement Options
If you are concerned about being able to contact 911 emergency services during a power outage, a backup battery unit may be a good option for you. You can purchase this backup battery unit directly from AcenTek.
If you purchase the backup battery unit at the time of your voice service installation, you pay only for the backup battery unit. Your cost for the 8 hour backup battery unit is $59.95 plus tax; a replacement battery for this unit is $19.95 plus tax. Your cost for a 24 hour backup battery unit is $219.95 plus tax; a replacement battery for this unit is $39.95 plus tax.
If you choose to add a backup battery unit at a later date or if you do not feel comfortable installing your own replacement battery, please call us to make an appointment, and we would be happy to assist you. Please note that there will be a charge for this service.
If you have any questions or simply want to purchase a backup battery unit or replacement battery, please call 888-404-4940 or visit our website at www.AcenTek.net.
Instructions for Proper Care and Use of Your Battery
Please follow the more detailed instructions included with your battery for proper use, storage and care of your battery to ensure that it will function as needed during a power outage. If you do not store your battery correctly, it may shorten its useful life. Environmental factors such as temperature can shorten your battery’s useful life. It is recommended that you store your battery above 32°F and below 104°F. These batteries are rechargeable. They will not last forever and should be replaced every 3 years, or when your device starts to make a loud beeping sound. That sound means that the battery is depleted, and must be replaced. See the instructions above for purchase and replacement options.