Sand Prairie Agreement for Services and Acceptable Use Policy (AUP)
Updated: February 2021
In order to begin service, you must review the following terms and conditions governing voice, Internet, or related services and facilities (the "Service") provided by Sand Prairie (the "Provider"). These terms and conditions, along with our application rate schedules for each service and any rules and regulations of the ICC or FCC, will constitute a binding contract (the "Agreement") between you and the Provider. They explain Provider's obligations to you and explain your obligations to Provider when you use the Service. You agree that your use of the Service and your access to the Internet is provided in consideration of your agreement to abide by the following terms and conditions and, by using the service, you agree that such consideration for such agreement is acceptable.
I. Membership Rights and Responsibilities
a. By completing enrollment and accepting all the terms of Agreement, you become an authorized user of the Service ("Membership"). Continued acceptance of this Agreement is a condition of Membership. You are responsible for complying with all terms and conditions of this Agreement, and with all policies and guidelines posted on the Service.
b. You agree that Provider may: (1) revise the terms and conditions of this Agreement; (2) revise its billing rates and account surcharges; and (3) revise the services provided under this Agreement at any time. Any such revisions will be binding and effective immediately upon posting the revised Agreement on Provider's home page, or upon notification to you by e-mail or United States Mail.
c. You agree to review the Agreement periodically to be aware of any such revision. If any revision to this Agreement is unacceptable to you, you may terminate this Agreement at any time by contacting Provider through the following means: (1) e-mail; (2) telephone; (3) U.S. mail.
d. Continued use of the Service following notice of any revision of the Agreement being posted on the Provider's home page constitutes your acceptance of any and all such revisions.
e. You are personally responsible for all use of the Service under your ID, even if you allow someone else to use your ID. Illegal, fraudulent or abusive use of any ID or of the Service is grounds for termination of Service, and may be referred to law enforcement authorities. Enrolling or using any ID on the Service under a name other than your own is prohibited.
f. You are personally responsible for keeping any and all IDs or passwords for Provider services private. You must promptly inform Provider if you suspect any breach of security, such as loss, theft, or unauthorized disclosure or use of your ID., password, or any credit, debit or charge card number stored on the Service. Until Provider is notified of a breach of security, you will remain responsible for any unauthorized use of the Service occurring under your ID and/or password.
g. You agree that the Service may only be used for lawful purposes. Any transmission outlawed by state, federal, or international law is strictly prohibited, including but not limited to, the transmission, posting, or receipt of unauthorized transactions, copyrighted materials, misappropriated trade secrets, and threatening, abusive, defamatory, or obscene materials. Provider reserves the right (but is not obligated) to review and edit any material submitted for display or placed on the Service, excluding private electronic messages. Provider may refuse to display or may remove from the Service any material that Provider believes violates this Agreement or any policies or guidelines posted by Provider on the Service without advance notice to you. Provider may also remove any material it deems harmful to other subscribers, merchants, information providers, the Service or the business interests of Provider without advance notice to you.
h. Unless your account provides otherwise, your account cannot be used for dedicated Internet access. Provider reserves the right to terminate your online connection if the connection is not active.
i. You agree to accept all risk and liability of any use of the Internet through your account. You acknowledge and agree that the Service is not intended to be, and should not be used as, your primary or "life-line" and/or emergency telecommunications Service.
j. If your equipment or Internet/data transmissions contain Viruses, Trojans, Worms or similar damaging content/data that adversely affects the network, the Service provided to other users or otherwise compromises the integrity of the operation the Provider's network, YOU AGREE THAT THE PROVIDER MAY IMMEDIATELY SUSPEND SERVICE AND RESERVES THE RIGHT TO ACT IMMEDIATELY AND WITHOUT PRIOR NOTICE OFSUSPENSION. In the event of a conflict between any Service Terms and this Agreement, the terms of this Agreement will govern.
k. If the equipment provided for Internet access requires temporary disablement for replacement, upgrade or relocation, You agree that the provider may contact You through the following means: (1) Telephone; (2) Email; (3) URL Redirection (instruction/advisory page); or (4) U.S. Mail.
l. The Provider does not endorse or in any way vouch for the accuracy, completeness, truthfulness or reliability of any Service, opinion, advice, communication, information or other content on or made available through the Internet, accessed via the Provider's network.
m. You agree that the use of Service is at your own risk. You are solely responsible for the content of communications on the Internet. The Service is provided "as is" and at your own risk. Provider denies any responsibility of the accuracy of information obtained through the Service. You understand that current regulatory and technical issues prohibit expectation of privacy when using Internet services.
n. You agree to not resell or distribute the Service or otherwise make available to anyone outside the Agreement the ability to use the Service (i.e. Wi-Fi or other method of networking). You agree not to use the Service for operation as an Internet Service provider (i.e. hosting a website or email server). You agree not to engage in any activity which would result in third-party charges to Provider, nor to resell or otherwise share Provider’s Internet service, account information, or passwords.
o. You agree not to transmit SPAM or other bulk mail. You agree not to add, remove, or modify identifying network heading information (aka “spoofing”) to deceive or mislead, or engage in any impersonation of another person. You agree not to engage in activities in an attempt to obtain unauthorized access to any network or account, or any activities which would compromise customer privacy or system security or gain access to any system or data without required permission (e.g. “hacking”) of the owner, nor to attempt to interfere with the service of others including users, hosts, and networks, including “denial of service” attacks, “flooding” of networks, deliberate attempts to overload a service, attempts to “crash” any host, or attach any equipment, accessory, apparatus, circuit or devices that are harmful to the network and are attached to or connected with Provider facilities.
p. You agree Provider may enter into, upon and over your Service premises periodically during the term of this Agreement to install, connect, inspect, maintain, repair, alter, disconnect and remove Provider facilities and equipment used to provide Service. To the extent the same is consistent with your ownership of the premises, you grant Provider a temporary and permanent easement to construct, install, maintain, and/or replace Service facilities and to install, connect, inspect, maintain, repair, alter, disconnect and remove all facilities and equipment necessary to provide Service. In the event you are not the owner of the premises upon which installation is requested, you warrant to Provider that you have obtained the consent of the owner of the premises for Provider to install and maintain its facilities and equipment as contemplated herein.
q. In connection with your request or application for any Service, you agree Provider may investigate your credit-worthiness, including obtaining one or more reports or ratings from one or more independent credit reporting or credit scoring agencies. Provider may require a deposit for you to establish or maintain Service. The deposit amount, the length of time we hold the deposit and changes to the deposit amount are determined based on your credit and payment history, our Terms of Service and any applicable laws or regulations. If Service is canceled or disconnected for any reason, Provider may, subject to our Terms of Service and applicable law and regulations, apply your deposit toward payment of outstanding charges.
r. Equipment installed by Provider at your premises, which is not purchased by you, shall always remain the sole property of Provider. You assume all risk of loss and/or damage to such equipment from any cause other than failure due to normal wear and/or electronic failure caused through no fault of yours. Upon termination of Service, you shall return provided equipment to Provider’s business office. At Provider’s discretion, it may choose to remove equipment at the Service location and you authorize Provider to recover the equipment from Service premises during reasonable hours. In the event you should refuse to return the equipment, or the same is lost, altered, destroyed, damaged or stolen, you shall pay Provider the reasonable replacement cost of the equipment, plus any costs incurred by Provider arising from the loss of or damage to the equipment.
s. Based on network availability, Internet access service is a “best efforts” service, which can provide upstream and downstream speeds selected by you. The actual speed you experience may vary and depend on several factors not limited to, but including, your location, the destination on Internet, traffic on Internet or other factors not controllable by Provider. No minimum level of speed is guaranteed without a specific Service Agreement.
t. To use the Services, Provider will provide you a non-portable TCP/IP network address(es). Any pre-existing Member network address(es), because of Provider’s network configuration, may not be routable on Provider’s network.
u. You acknowledge that any computer or other Member equipment must meet minimum system requirements to access the Services. You also agree and acknowledge that certain inside wiring and/or equipment may be necessary to complete installation for the Services. Any fees for such wiring and/or equipment will be billed to you based on the prevailing hourly rate for Provider’s technicians and the cost of such equipment.
v. Provider is not responsible for any personal computer or network malfunctions and/or damage to your hardware or software. If any of your equipment requires modification or reprogramming to make it compatible with provided Service, Provider shall not be liable for any applicable costs associated with modification or reprogramming charges.
w. Provider is providing Internet access service on a retail basis to you. You agree to utilize the service exclusively and not to provide access to third parties either through “sharing” or “Resale” unless with advance written approval from Provider. The sharing of passwords or accounts is strictly prohibited. Web page HOSTING and CACHEING are services prohibited with your retail Internet access service. Any evidence of the services prohibited within this Agreement would be a breach of this Agreement and immediate termination of the Internet access connection without prior notice would occur upon determination of these services being offered.
II. No Warranty
a. You acknowledge and consent that Provider exercises no control or censorship of third party content. Use of any information obtained via the Services is at your own risk.
b. Provider expressly disclaims any and all loss or liability resulting from, but not limited to:(1) loss of data; (2) loss of hardware or software; (3) loss or liability resulting from access delays or access interruptions or act or omission of an underlying carrier, service provider, vendor or other third party; (4) loss or liability resulting from computer viruses; (5) loss or liability resulting from data non-delivery or data mis-delivery; (6) any other loss or liability resulting from the negligent acts and/or omission of Provider or Provider's affiliated companies; (7) loss or liability resulting from errors, omissions, or misstatements in any and all information, goods, or services obtained on or through the Service; (8) loss or liability resulting from force majeure events such as, but not limited to, acts of God, acts of nature, strikes, fire, war, riot, acts of terrorism and government actions; (9) equipment, network, or facility shortage, upgrade, modification, or relocation; and (10) theft, fraud, abuse of service or any act or omission by you or any person using your Service.
c. YOU AGREE THAT PROVIDER'S ENTIRE LABILITY, AND YOUR EXCLUSIVE REMEDY, WITH RESPECT TO USE OF THE SERVICE, SERVICE SOFTWARE, AND ANY BREACH OF THIS AGREEMENT IS STRICTLY LIIMITED TO A RETURN OF A PRORATED PORTION OF THE AMOUNT PAID TO PROVIDER FOR MONTHLY MEMBERSHIP FEES. SOME STATES DO NOT ALLOW THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES, IN SUCH STATES, PROVIDER'S LIABILITY IS LIMITED TO THE EXTENT PERMITTED BY LAW.
d. PROVIDER DISCLAIMS ANY AND ALL EXPRESS OR IMPLIED WARRANTIES, INCLUDING WITHOUT LIMITATION: (1) ANY WARRANTIES AS TO THE AVAILABILITY, ACCURACY, OR CONTENT OF INFORMATION, PRODUCTS, OR SERVICES; AND (2) ANY WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE. SOME STATES DO NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES, SO THE ABOVE EXCLUSION MAY NOT APPLY TO YOU.
e. Neither Provider nor any of its agents, shareholders, directors, officers, or employees, nor its information providers, shall be responsible for any damages arising from your use of Service or inability to use Service. There is no guarantee of message delivery. Email return receipts may be requested, but there is no guarantee that the recipient's mail system will process or even acknowledge these requests.
III. Data Security
a. You are responsible for the protection of your data. The Internet is not a secure system. Data can be, and often is, viewed by third parties. Private or confidential information should not be placed on the system or if it is you should take steps to protect such information by using encryption technologies. You understand and assume the risk that any transmission over the Service may be interrupted, intercepted or destroyed. It is your sole responsibility to ensure that any computer or device you connect to the network remains secure and virus/spyware free.
b. From time to time Provider can provide you with Services marketing or educational information based on existing or presumed use of one or more Services. To the extent Provider uses your information in its possession it is called Customer Proprietary Network Information or CPNI. Provider may use CPNI to advise you on utilizing existing or new related Services. Provider does not sell or provide this information to any third parties, other than the E911 records required by law, if you are a telephone customer. You have a right to restrict Provider’s access to CPNI. If you choose to opt-out of Provider’s use of CPNI, please contact Provider’s business office to be placed on a list accordingly. Further, you hereby give Provider permission to contact you at the phone number or email listed in the Service Agreement about future Services that Provider will be offering that may be of interest to you.
IV. Fees and Payment
a. You are responsible for any and all fixed and cumulative charges to your account. The first month's fee or yearly promotion fees, account start-up fee and software are due before account setup. For monthly Service Level Agreements, your account will be charged the monthly access fee plus any accumulated charges for the past month. Failure to use the Service does not relieve you of payment obligations.
b. All fees and charges are payable in accordance with the billing terms in effect at the time the fees or charges become payable. Provider may require you to make payments by a major credit, debit or charge card.
c. You will be required to complete an authorization form to allow Provider a means of electronic payment transfer on each successive billing date without obtaining your permission after the initial charge. You shall notify Provider of any changes in account information for any electronic payment transfer. If the electronic payment transfer is not honored for any reason, Provider will attempt to notify you by using the telephone information given during account setup. Provider will call you ONE time to arrange an alternative billing arrangement. If an alternative billing arrangement has not been established within seven (7) days, the account may be terminated. Re-establishment of the account may be subject to a reconnection fee.
d. Dishonored checks are subject to a collection fee and your account may be suspended until the account is current. If the payment is not received within seven (7) days of the due date, service will be terminated and a re-connection fee may be added to charges for further service.
V. Termination of Service
a. This Agreement begins on the date of your acceptance and shall continue month-to-month (or in some cases for an established minimum term).
b. Either you or Provider may terminate the Service at any time and without cause. Only the person whose name is on the account will be able to cancel an existing account.
c. Upon termination of your account, Provider has the right to delete all data, files or other information that is stored on Provider's computers regarding your service.
d. Provider's termination or suspension of service to you also constitutes termination or suspension (as applicable) of your license to use Provider's software.
e. Termination of this Agreement or any Service shall not waive or release your obligation to pay for Service provided prior to such termination as well as any other applicable fees and charges, as provided in our Terms of Service.
a. You agree that this Agreement constitutes the entire understanding between you and Provider, and supersedes all previous representations, agreements or understandings.
b. You agree that, if any portion of this Agreement is held invalid or unenforceable, the provisions of this agreement so affected shall be curtailed and limited only to the extent necessary to permit compliance with the minimum legal requirement, and no other provisions of this Agreement shall be affected thereby and all such other provisions shall continue in full force and effect.
c. This agreement shall be governed by the laws of the State of Illinois and jurisdiction for any action filed to enforce the terms of this agreement shall be with the courts of Jo Daviess County, Illinois.
a. You agree to defend, release, indemnify, and hold Provider, its affiliated companies and licensers, its agents, shareholders, directors, officers, or employees harmless from all liabilities, claims and expenses, including without limitation reasonable attorney fees and other costs of legal representations, mediation, arbitration or litigation arising from breach of the Agreement by use of, or in connection with, the posting or transmission of any content by or through your account on the Service.
b. You agree that Provider has the right, but not the obligation, at its own expense, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you pursuant to Paragraph a. of this section. In such event, you shall have no further obligations pursuant to Paragraph a. of this section.
c. Provider’s failure to exercise or enforce any provision of or rights under this Agreement or our other Terms of Service shall not constitute a waiver of any such provision or right.
d. This Agreement shall inure to the benefit of and be binding upon the parties hereto and their respective successors and assigns; provided, however, you may not assign or transfer your rights or obligations under this Agreement without our express written consent. Unless consent is granted, all accounts must be closed and reopened under the name of a new Member for issuance of a new account number.
VIII. Member Registration Requirements
a. You agree to provide Provider with accurate, complete and updated registration information. Your failure to provide accurate registration information constitutes unauthorized use of the Service and your account may be terminated immediately.
b. Provider will not release any personally identifiable information, except upon presentation of (1) a subpoena issued by a government entity in a civil or criminal investigation or litigation; (2) a civil investigative demand issued by a government entity, or (3) a court order.
IX. Provider Rights
Provider at its sole discretion and judgment may immediately suspend access to the service upon any breach of any of the Terms and Conditions including, but not limited to refusal or failure to pay for services provided or disruptive online behavior.
Provider reserves the right at its sole discretion to delete any information entered into Provider computer systems. Provider and/or its authorized representatives shall retain the right but shall not be obligated, to review/accept/reject publicly viewable information. Provider reserves the right to reuse and/or terminate service to anyone or any entity for any reason at its sole discretion with or without notice.
a. Except for public domain material, all material contained on the Service should be viewed as and considered copyrighted. You may not reproduce, or redistribute such copyrighted material, in whole or in part, in any manner, without prior consent of the copyright owner, unless specifically permitted.
b. You agree not to post or transmit works that are subject to another party's rights, on or through the Service, without that party's express permission. Such posting or transmitting: (1) will result in termination of this Agreement and; (2) may result in civil or criminal liability.
c.Digital Millennium Copyright Act (DMCA) Policy. When Provider receives a notice from a copyright holder or its authorized representative regarding an alleged violation of law by someone using an IP address identified as belonging to Provider, the following actions will be initiated:
- 1. Provider personnel will review the address to determine whether the address is in use by Provider or by one of its affiliates. If the address has been assigned to an entity other than Provider, the DMCA notice will be forwarded to that entity for review and any action or response if Provider can identify the owner.
- 2. If the address is assigned and used by Provider or one of its Members, Provider personnel will attempt to identify the user. If the offender cannot be identified, the Designated Agent listed on Provider’s Internet site will be notified in order to respond accordingly to the copyright holder or its agent. Copyright holders may contact Provider as outlined under Notification of Copyright Infringement to provide notice of any potential violations. The following actions may be taken with offenders:
- a. If the offender is an employee, the responsible supervisor will be notified, and appropriate disciplinary action may be warranted. A copy of the violation will be filed by HR in the employee’s personnel file.
- b. If the offender is a Member, Member will be notified by telephone and email of the offense. If it is a first-time offense, the Member will be notified and advised that an alleged violation of copyright law has been received and that any further violations could affect Member’s access to the Internet. Notification of a second offense will result in the same action. A third offense will result in notice that Internet service will be restricted for ninety (90) days to limit the ability to violate the law. A fourth offense will result in the termination of Internet service.
d. Notification of Copyright Infringement: If you are a copyright owner (or an agent of a copyright owner) and believe any user material posted on our sites infringes upon your copyrights, you may submit a Notification of Claimed Infringement under the Digital Millennium Copyright Act ("DMCA") by sending the following information to Provider’s Designated Copyright Agent:
- Clear identification of the copyrighted work;
- Identification of the material allegedly copying the original work, and information reasonably sufficient to allow us to locate the material;
- Accurate contact information of the person submitting the claim;
- Statement that the claim is being made with the good faith belief that the alleged use is not authorized by the copyright owner;
- A statement that the claim is accurate, and under penalty of perjury, the complaining party is authorized to act on behalf of the copyright owner;
- Signature of the person submitting the claim.
You can submit your Notification to Provider using the following contact information and Designated Agent:
Company legal name: Jo-Carroll Energy, Inc (NFP)
Names doing business under: Sand Prairie
Designated Agent: Attn: DMCA Registered Agent
Mailing address of Agent: PO Box 390
Elizabeth, IL 61028
Email: dmca [at] jocarroll [dot] com
The Designated Copyright Agent should be contacted only for notices regarding alleged copyright concerns. All other feedback, comments, questions, and other communications should be directed to Provider through Provider’s customer service at: (800) 858-5522.