My BEKTEL
Terms and Conditions
 
These Terms and Conditions (and all applicable addenda attached hereto, collectively, the “T&C”) is made by and between the “Customer”, BEK Communications Cooperative (“BEK”) and Steele Cablevision Inc. (“SCV”) (collectively “Parties”) for the services identified by or in an order form, work invoice, or other BEK-authorized service order or work order documentation or information (collectively, the “Service Order”). Collectively, the T&C and the Service Order will be referred to herein as the “Agreement.” Customer understands and agrees (i) the Services are being provided subject to the T&C, (ii) the T&C shall be deemed incorporated into any Service Order executed by the Parties and the Parties' signature on such Service Order shall be evidence of the Parties' adoption of the T&C for the Service Order, (iii) this Agreement shall supersede and replace any prior Service Order or agreement between the Parties, and (iv) in the event that BEK provides Service to a Customer that fails or refuses to sign a Service Order, that Customer’s payment of the invoice or use of the Service shall signify acceptance of the Agreement.
 
1.      PREAMBLE - BEK shall provide certain services and products to Customer pursuant to this Agreement. Customer may submit one or more orders for service, equipment or materials to BEK, specifying (i) certain network services ordered from BEK, including but not limited to local, long distance (including international long distance), or data telecommunication services (including digital subscriber line, satellite, wireless or fiber), broadband, IP TV ("IPTV"), digital TV, analog TV and other related telecommunications services, features or functions at the physical locations identified in a Service Order (collectively, the “Services”) along with a separate service term for each Service Order, (ii) certain equipment or materials, whether sold, licensed or leased to Customer, which may be required in connection with the Services (collectively, the “Products”), and (iii) delivery location of the Services or Products (the “Premises”). BEK retains title to the Products used to deliver the Services, except for Products sold to Customer. BEK will use all commercially reasonable efforts to deliver the Services on or before the date set by BEK. Customer understands that an interruption of Services may occur in transferring the Services from the Customer's current provider to BEK, despite BEK's best efforts to switch the Services without interruption.
 
2.      CUSTOMER'S OBLIGATIONS - Customer's responsibility shall include but not be limited to: (i) providing and maintaining adequate space, power and climate control, for the Services and the Products (ii) providing BEK with continuous and reasonable access and rights to the Premises for access to all equipment and facilities, including routes for BEK's cable access, antenna mounting, wall penetration and wall attachments to the Premises; (iii) paying BEK, (1) advance monthly charges billed by BEK within twenty-eight (28) days after the invoiced date, with adjustments applicable to following months, including the late payment penalty of $8.00 per month if applicable. The first monthly invoiced amount includes the period from the installation of Service through the end of the next full month with a minimum of a 30 day service period, including installation charges for the Services or Products, (2) all charges for the Service and Products, including but not limited to (A) any unauthorized charges incurred by a third party in relation to the Services or Products, (B) all undisputed portions of charges, (C) all service charges for visits to the Premises (unless waived); (3) any damages caused by Customer, or allowed to be caused, to the Products, including but not limited to Customer's negligence or willful acts or by fire, electrical, lightning surges, or any other cause except BEK's equipment malfunction; (4) all non-recurring charges (“NRC”) (i.e., installation fees, setup fees, and other fees related to providing the Services or Products) associated with the installation or delivery of the Services or Products, unless specifically waived on the Service Order submitted for the Services or the Products; (5) any deposits required by BEK solely at the discretion of BEK and (6) all applicable federal, state, or local use, excise, sale, access, franchise, license fees, taxes, duties, or other governmental taxes, fees or liabilities incurred by Customer, however designated, whether charged to or against BEK or Customer for the Services or Products furnished by BEK; (iv) taking all reasonable precautions in (1) guarding against the acts or causes of any action to rearrange, disconnect, remove, attempt to repair, or otherwise tamper with the Products, the Services or any facilities or equipment installed by BEK, (2) using the Services, the Products, or any facilities or equipment installed by BEK for any purpose other than as contemplated by the Agreement, and (3) maintaining and operating Customer's activities, facilities, and equipment to protect against hazard or injury and to avoid interfering with the Services or the Products; (v) defending, indemnifying, and holding BEK harmless, for all of BEK's costs, expenses, damages, fees, or penalties, (vi) upon cancellation of any Service, Customer shall (1) return to BEK or allow BEK to retrieve the Products undamaged and in good working order and condition or (2) pay BEK the charges identified in a Service Order for any damaged or unreturned Products.
 
3.      DELIVERY OF PRODUCTS AND SERVICES - Services and Products provided under this Agreement are subject to the continuing availability of all underlying facilities and the Services and Products themselves.  BEK may modify the pricing, packaging, bundling, term, content, channel line-up of Services upon 30 day notice to Customer.  BEK may also terminate any or all Services provided under this Agreement without further liability to Customer, upon notice to Customer. Any Local Service is a “Best Effort Service”, all other Services are “Commercially Reasonable Efforts Service” and may not be available in all locations. Customer provides BEK the explicit authority to change partner service providers, originating service providers or unlimited long distance service providers for any Service that is not specifically sold by a partner.   BEK may at any time change the underlying Internet carrier, long distance carrier, television content provider, channel line-up, news group provider, RSS feed, transport company or any other underlying service at its sole discretion.
 
4.      SUSPENSION OF SERVICE - If BEK does not receive payment in full on or before the respective due date, BEK shall have the right, to suspend, disconnect, or discontinue the Services, charge all applicable late fees, disconnect fees, vacation rate fees, reconnect fees and to demand return of Products.
 
5.      Vacation Rate Policy – BEK offers a vacation rate policy that provides cooperative customers the opportunity to temporarily suspend Service during periods of extended absence from their residence within the BEK operating territory.  The primary purpose is to avoid the full burden of the monthly charges, avoid disconnect and reconnect fees required by regulators, avoid breach of term agreements, and avoid delays waiting for physical installation or de-installation of Service. During any period where the Vacation Rate applies, any Service term, agreement or contract, excluding promotions, will be extended by the number of months the Customer utilized the vacation rate relief.  In the event that the Service term, agreement, contract or promotional offer stipulates a price guarantee, free use period or similar marketing offer, the offer is not extended by the duration of the vacation rate period. The maximum term for vacation rates is 12 months after which Service will be disconnected.  Early termination penalties may apply if Service agreement terms are not fulfilled.
 
6.      Service Portability & Relocation – BEK provides for Service portability and relocation within the BEK service territory; (i) for Service relocation within the territory applicable relocation fees will apply; (ii) If the Services are under a term agreement the agreement will transfer without penalty; (iii) in the event a Service is not available at the new address of the relocation, within the BEK territory, the term agreement will be waived for the Service that is unavailable at the new location; (iv) term commitments, penalties and construction fees will be immediately due if the services were constructed under the BEK Communications Aid to Construction Policy # 512.
 
7.      SYSTEM MAINTENANCE - BEK performs scheduled and unscheduled maintenance and repair of the network from time to time between 12:00 a.m. and 5:00 a.m. BEK reserves the right to disrupt the Services at any time for emergency maintenance and repair. If Customer experiences an outage of Services for an unscheduled, non-maintenance related outage, and not excepted by this Agreement, then Customer's sole remedy is issuance of any applicable credits pursuant to Section(8) herein. If Customer experiences an outage of Services for a scheduled, regular maintenance related outage, Customer shall not receive any credits unless such outage exceeds twenty-four (24) continuous hours, then such outage shall be credited pursuant to Section (8) herein as if such outage was deemed “unscheduled.”
 
8.      LIMITATION OF LIABILITY - (i) Except as otherwise stated in this Agreement, BEK shall not be liable to Customer or any other person for any direct, indirect, special, incidental, reliance, consequential, exemplary, or punitive damages, expenses, costs, fees, or penalties, including but not limited to loss of revenue or profits, whether foreseeable or not, for any reason whatsoever, including but not limited to any act or omission, failure to perform, delay, errors, interruption, failure to provide any of the Services or the Products, or any failure or breakdown of facilities (the “Service Issue”) or other defects, representations, or use of the Services or the Products, by BEK, by Customer, by Customer's agents, employees, representatives, invitees, licenses, contractors, successors, or assigns, or by any other third party; (ii) BEK MAKES NO WARRANTIES, EXPRESS OR IMPLIED, EITHER IN FACT OR BY OPERATION OF LAW, STATUTORY OR OTHERWISE, INCLUDING BUT NOT LIMITED TO WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE; (iii) Credits. BEK's sole responsibility to Customer for the failure of any Product shall be that Product's repair or replacement at BEK's sole discretion. BEK's sole responsibility to Customer (and Customer's sole remedy against BEK) for any unscheduled interruption of the Services (a “Service Disruption,” defined as BEK's inability to provide a service level of 99.9% or more, in a 30 day month) shall be the issuance of applicable credits as follows: (1) for Data Services, (A) a credit equal to one pro-rated day of Monthly Recurring Charge (“MRC”) for each period over eight (8) continuous hours and up to twenty-four (24) continuous hours during a Service Disruption, and (B) a credit equal to one pro-rated day of  MRC for each additional continuous twenty-four (24) hours of Service Disruption above the initial twenty-four (24) hour period. This credit applies only to Service Disruptions caused by problems or failures that are not caused by Force Majeure and that occur on the BEK side of the interface between BEK's equipment or facilities and the Customer's equipment or facilities (2) for Voice Services (A) Customer will receive a credit for disruptions of the Services that exceed twenty four (24) continuous hours at a rate equal to one pro-rated day of MRC of the monthly charge for each (24) hour period that the Service is interrupted (3) for IPTV, digital or analog TV (A) Customers may receive a credit for disruptions of the IPTV Service in excess of 24 hours at a pro-rate day of MRC for each continuous (24) hour disruption. In order to receive any credit, Customer must inform BEK of any disruption at the time the disruption occurs; (iv) BEK shall not be liable to Customer or any other person for (1) any acts of God, fires, floods, earthquakes, explosions, hurricanes, storms, or other catastrophes; national emergencies, insurrections, riots, terrorism, wars, or other civil commotions; strikes, lockouts, work stoppages, or other labor difficulties; unavailability, failure, or malfunction of equipment or facilities, cable cuts, unavailability of rights-of-way or materials, and labor difficulties of any kind; and any law order, regulation, or other action of any governing authority or agency thereof; (2) defacement of or damage to Premises resulting from the installation or furnishing of the Services or the Products; (3) any representations made by BEK employees that are inconsistent with the provisions of this Agreement; (v) BEK shall not be liable for any interruption caused by an act or omission of any other person or provider furnishing any portion of the Services, including directory listings.
 
9.      CANCELLATION - (i) BEK may terminate the Services and at its sole discretion, at any time, for any material noncompliance with this Agreement, including but not limited to, failure to pay all amounts due, rejection of any form of payment, violation of any legal requirement, violation of Acceptable Use Policy (posted at www.bektel.com), mistreatment of a BEK employee, suspected or actual fraud or misrepresentation or commercially reasonable suspicion thereof, or Customer's bankruptcy, insolvency, assignment for benefit of creditors, or any similar action or in the event BEK incurs charges as set forth in paragraph 2 herein. If BEK terminates the Services or Service Order, demands the return of the Products or demands an Equipment Fee, then BEK may collect all amounts identified in this Agreement (and Service Order), as if Customer had voluntarily cancelled this Agreement (or a Service Order). BEK has the sole discretion over terms of restoration of the Services or the Products. (ii) Customer may, at any time, terminate any portion of the Services (the “Termination”), upon thirty (30) days prior written notice to BEK and shall pay to BEK any outstanding charges, including any early termination fee ("Term Fee") calculated as the remainder of the commitment term as stipulated on the Service Order.
 
10.    TARIFF APPLICATION - The Service or any other matters described in or related to this Agreement which are or later become subject to any of BEK's tariffs (collectively, the “Tariff”) filed with, or regulations of, the FCC, any state commission, or any other government body, board, or commission of competent jurisdiction, the provisions of this Agreement shall supersede any conflicting provisions of the Tariff, unless otherwise set forth herein.
 
11.    AMENDMENTS - BEK may, upon thirty (30) days' posting on the BEK website at (www.bektel.com), amend this Agreement or pricing at its sole discretion. Customer shall object to any change or amendment to the terms of this Agreement within the designated thirty (30) day period or shall be stopped and barred from contesting the validity of such changes or amendments. Customer may not amend or change this Agreement.
 
12.    JURISDICTION AND VENUE - This Agreement, and all matters arising out of or related to it, shall be governed by the laws of the State of North Dakota.  Any disputes concerning this Agreement shall be resolved only in the courts of the State of North Dakota. The Parties agree that such courts provide a proper and convenient venue, and hereby consent to the jurisdiction of the courts over themselves and any such proceeding.
 
13.    NOTICE - Notice under this Agreement shall be given as follows: (i) any notice BEK gives to Customer is deemed properly given when (1) delivered in person, (2) sent by facsimile, (3) sent by courier, (4) sent by electronic mail, or (5) sent by U.S. Postal Service, to the contact information designated on BEK's account for Customer; and (ii) any notice Customer gives to BEK shall be directed to BEK Communications Cooperative, Attn: General Manager, 200 E. Broadway, PO Box 230, Steele North Dakota, 58482.  Customer will immediately notify BEK of any changes to Customer's contact information (including billing address, physical address, telephone numbers, facsimile numbers or electronic email). The effective date of any Notice under this Agreement shall be the date such notice is sent.
 
14.    SOFTWARE, NUMBERS & IP ADDRESSES - Licensed Software means computer software required to use the Products or the Services, Numbers means any phone number under the administration of BEK, and IP Addresses means any number used in conjunction with the Internet to determine the point of origin or destination that is under the administration of BEK (collectively, Technical Intellectual Property or “BEK TIP”). (i) To the extent needed, Customer has a nonexclusive, nontransferable license to use BEK TIP, but only if required for delivery of the Services or Products. (ii) Customer has no claim to any ownership in any BEK TIP (or any derivations/improvements thereto). (iii) Customer agrees not to (1) copy BEK TIP; (2) reverse engineer, decompile or disassemble BEK TIP; (3) sell, lease, license or sublicense BEK TIP; or (4) create, write or develop derivative software or other software based on BEK TIP or Confidential Information. All software used on these sites is the property of BEK or its software suppliers and protected by United States and international copyright laws.
 
15.    ENTIRE AGREEMENT - The Agreement is the entire agreement between the Parties regarding the Services and the Products, superseding all prior or other agreements, whether verbal or written that are contrary to this Agreement.
 
16.    GENERAL PROVISIONS - (i) Failure of either party to give notice of default or to enforce any term or condition of this Agreement, or waiver of any term or condition of this Agreement, shall not constitute a waiver of that term or provision. (ii) The provision of the Services shall not be deemed to create a partnership, joint venture or agency relationship between the Parties nor result in joint communications service offerings to the customers of either BEK or the Customer. (iii) If BEK seeks to enforce any term or condition of this Agreement or any obligation arising out of or related to this Agreement, then BEK shall be entitled to recover, in addition to any other remedies, its reasonable attorneys' fees, court costs, costs of investigation, and any other related costs or expenses. (iv) Customer agrees not to use the Services, the Products or any facilities or equipment of BEK for any unlawful purpose. (v) Customer agrees not to sell or re-sell any of the Services provided by BEK or to compete with BEK in providing any of the Services, without BEK’s written consent. (vi) Customer shall not assign or transfer any of its rights or obligations hereunder without BEK's prior written consent. (vii) If any term or condition in this Agreement is, to any extent, held invalid or unenforceable in any respect, then the remainder of the Agreement shall not be affected and each term or condition of the Agreement shall be valid and enforceable to the fullest extent permissible by law. (viii) Descriptive headings used herein shall not affect the construction or interpretation of the Agreement. (ix) The Parties agree that the T&C shall be incorporated into each Service Order and each Party shall abide by the terms of this Agreement in reference to the Services under each Service Order (x) BEK may verify and use Customer's credit information and Customer certifies any information provided to BEK is true and accurate to the best of Customer's knowledge and any principals or partners thereof.
 
17.    WEBSITE USE - BEK Communications Cooperative, its subsidiaries and its affiliates (collectively "BEK") provide their websites to you subject to the conditions of this Agreement. By using these sites in any way, you signify your agreement to all terms, conditions, and notices contained or referenced herein, which we may update from time to time without notice. Please read them carefully. If you do not agree to these T&C’s, please do not use these sites. All amendments shall be effective immediately upon publication. Your continued use of this site following the posting of any changes constitutes your acceptance of these changes. It is Customer’s responsibility to stay informed of any posted changes.
 
18.    ELECTRONIC COMMUNICATIONS - When you visit BEK websites or send emails to us, you are communicating with us electronically. You consent to receive communications from us electronically. We will communicate with you by email or by posting notices on these sites “www.bektel.com; www.bekbusiness.com; www.bekbiznet.com; www.beksports.com” or other sites that may be added from time to time. You agree that all agreements, notices, disclosures and other communications that we provide to you electronically satisfy any legal requirement that such communications be in writing.
 
19.    COPYRIGHT - All content included on BEK websites, print material, emails, BEKTV (IPTV, Digital or Analog) or in any other communications medium such as text, graphics, logos, button icons, images, audio, video, digital downloads, data compilations and software is the property of BEK Communication or its content suppliers and protected by United States and international copyright laws. The compilation of all content on in printed, electronic or in any other communications form is the exclusive property of BEK, its content suppliers and protected by U.S. and international copyright laws.
 
20.    TRADEMARKS - BEK and other marks indicated on our websites, emails, in print, on BEKTV or in any other communications medium are registered trademarks of BEK in the United States and other countries. BEK and other BEK graphics, logos, page headers, button icons, scripts, images, video, audio and service names are trademarks or trade dress of BEK. BEK's trademarks and trade dress may not be used in connection with any product or service that is not BEK's, in any manner that is likely to cause confusion among customers, or in any manner that disparages or discredits BEK. All other trademarks not owned by BEK that appear on this site are the property of their respective owners, who may or may not be affiliated with, connected to, or sponsored by BEK.
 
21.    YOUR ACCOUNT – (i) Whenever you provide us information, you agree to: (1) provide true, accurate, current and complete information, and (2) maintain and promptly update such information to keep it true, accurate, current and complete. If you provide any information that is, or we have reasonable grounds to suspect that the information is, untrue, inaccurate, not current or incomplete, BEK or its third party suppliers may suspend or terminate your Services and refuse any and all current or future Services (or any portion thereof).  (ii)If you use these Services, you are responsible for maintaining the confidentiality of your account and password and for restricting access to your computer, and you agree to accept responsibility for all activities that occur under your account or password. You agree to (1) immediately notify BEK of any unauthorized use of your password or account or any other breach of security, and (2) ensure that you exit from your account at the end of each session. BEK cannot and will not be liable for any loss or damage arising from your failure to comply with this section.
 
22.    DISCLAIMER OF WARRANTIES AND LIMITATION OF LIABILITY - THESE SERVICES ARE PROVIDED BY BEK ON AN "AS IS" AND "AS AVAILABLE" BASIS. BEK MAKES NO REPRESENTATIONS OR WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, AS TO THE OPERATION OF THESE SERVICES OR THE INFORMATION, CONTENT, MATERIALS, OR PRODUCTS INCLUDED IN THESE SERVICES. YOU EXPRESSLY AGREE THAT YOUR USE OF THESE SERVICES IS AT YOUR SOLE RISK. BEK MAKES NO WARRANTY THAT (i) OUR SERVICE WILL MEET YOUR REQUIREMENTS, (ii) OUR SERVICE WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE, (iii) THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF OUR SERVICES WILL BE ACCURATE OR RELIABLE, (iv) THE QUALITY OF ANY PRODUCTS, SERVICES, INFORMATION, OR OTHER MATERIAL PURCHASED OR OBTAINED BY YOU WILL MEET YOUR EXPECTATIONS, AND (v) ANY MATERIAL AND INFORMATION OTHERWISE OBTAINED THROUGH THE USE OF OUR SERVICES IS DONE AT YOUR OWN DISCRETION AND RISK AND YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR SYSTEM OR BUSINESS OR LOSS OF INFORMATION THAT RESULTS FROM THE USE OF OUR SERVICES. TO THE FULL EXTENT PERMISSIBLE BY APPLICABLE LAW, BEK DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. BEK DOES NOT WARRANT THAT OUR SITES, SERVERS, OR EMAIL SENT FROM BEK ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. BEK WILL NOT BE LIABLE FOR ANY DAMAGES OF ANY KIND ARISING FROM THE USE OF OR INABILITY TO USE THESE SERVICES, INCLUDING, BUT NOT LIMITED TO DIRECT, INDIRECT, INCIDENTAL, PUNITIVE, SPECIAL, EXEMPLARY AND CONSEQUENTIAL DAMAGES. THIS LIMITATION APPLIES WHETHER THE ALLEGED LIABILITY IS BASED ON CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY, OR ANY OTHER BASIS, EVEN IF BEK HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGE.
 
23.    INDEMNIFICATION - Upon a request by BEK, you agree to defend, indemnify, and hold harmless BEK and its affiliates and affiliated companies, and their employees, contractors, officers and directors from all liabilities, claims, and expenses, including attorney's fees, that arise from your use or misuse of these Services. BEK reserves the right, at it's own expense, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you, in which even you will cooperate with BEK in asserting any available defenses.
 
24.    SERVICE ACCEPTABLE USE POLICIES, MODIFICATION, AND SEVERABILITY - This policy also governs your use of any BEK Service. We reserve the right to make changes to our websites, Service, policies, and agreements at any time without notice. Unless otherwise specified herein, this Agreement constitutes the entire agreement between you and BEK with respect to these sites, all Services and supersedes all prior or contemporaneous communications and proposals (whether oral, written or electronic) between you and BEK. If any of these conditions shall be deemed invalid, void, or for any reason unenforceable, that condition shall be deemed severable and shall not affect the validity and enforceability of any remaining condition.
 
a.      TERMINATION - BEK reserves the right, in its sole discretion, to terminate your access to all or part of our websites, any Service, with or without notice, in the event of a breach of the conditions of use, acceptable use policies or terms and conditions.
 
b.      REFUSAL OF SERVICE - The Company may refuse to serve a customer until such applicant has complied with the State and Municipal regulations and the rules and regulations outlined in this Agreement and the BEK Tariff. Service also may be refused if the applicant's installation or equipment is known to be hazardous or of such character that satisfactory service cannot be given or if the applicant is indebted to the Company for any Service.
 
c.      ACCESS - BEK shall provide access to all Customers using any of BEK’s Services (including private, non-profit, business, and government agencies) who follow the terms of this Agreement.
 
d.      ILLEGAL USE - It is not acceptable to use the BEK network or Services for any purpose that violates local, state or federal laws or to transmit communication that might be highly offensive or damaging to any recipients or use the Service in a manner that is unintended. Nor is it acceptable to interfere with, violate, circumvent, misuse, distribute or disrupt network users, equipment, or Services, which include but are not limited to:
                                                i.     Local Phone Service
1.      Use of the telephone Service for unlawful purposes.
2.      Harassment or terrorizing via the use of the phone Service.
3.      Use of the phone to simulate another identity or otherwise deceive another about one’s true identity.
4.      Circumventing international banking or settlement regulation via the phone network or Service.
5.      Failure to pay for Services rendered to your account.
6.      Distribution of local phone Service beyond the scope of your end-user account.
                                               ii.     Network & Internet:
1.      Attempting to obtain unauthorized access to any network or account. This includes accessing data not intended for the Customer, logging into a server or account without being expressly authorized to access or probing the security of other networks.
2.      Attempts to interfere with the Service of others including users, hosts and networks. This includes “denial of service” attacks, “flooding” of networks, deliberate attempts to overload a Service and attempts to “crash” any host.
3.      Reselling any BEK Internet Services, without BEK’s written consent.
4.      Distribution of BEK Internet Services beyond the scope of your end-user account.
5.      Equipment, accessory, apparatus, circuit or devices that are not in compliance with the Company's technical standards, shall not be attached to or connected with Company facilities.
6.      Unauthorized download of music, video, images, books, software or content and/or the failure to comply with notices from IP rights owners relating to the illegal download or copyrighted content.
                                              iii.     E-Mail
1.      Harassment through language, message frequency or message size.
2.      Sending messages to any person not wishing to receive it. Requests by the recipient to stop receiving such messages must be respected.
3.      Sending unsolicited messages which are disruptive or generates a significant number of user complaints. This includes bulk-mailing of commercial advertising and/or informational announcements.
4.      Malicious mail, such as “mail bombing” or “flooding” a user or host with very large and/or frequent pieces of mail.
5.      Forging message header information.
6.      Collecting message replies from messages sent through another Service Provider where those messages violate these terms or the terms of that other provider.
7.      Introducing harmful code and/or viruses.
                                              iv.     News/UseNet
1.      Cross posting, UseNet Spam, or otherwise posting the same messages to large numbers of unrelated newsgroups.
2.      Posting of message(s) of which the subject matter is unrelated to the content of the newsgroup posted to or generates a significant number of user complaints.
3.      Posting of binary or executable files to newsgroups not created for that purpose.
4.      Forging header information.
5.      Introducing harmful code and/or viruses on the Internet.
                                               v.     Personal Web Space
1.      Selling or distributing Products or Services that are considered unlawful.
2.      Posting any content advocating ridicule or public scorn towards BEK, its employees, board members or associates.
3.      Posting of scandalous, threatening, harassing or private information without consent of the person, persons or organizations involved.
4.      Posting content of a nature that is obscene, lewd, lascivious, violent, harassing or objectionable.
5.      Introducing harmful code and/or viruses on the Internet.
6.      Hosting bulletin boards or chat sites using personal web space provided with the Service.
                                              vi.     Unlimited LD
1.      Use of a residential Unlimited Long Distance Service for business purposes or business calls is prohibited.
2.      Utilizing any BEK Unlimited Long Distance Service for telemarketing, call center, fax broadcast, internet access, fax distribution or programmatic call functions is prohibited.
3.      The residential Unlimited Long Distance Service is designed for typical residential or personal use. Any substantial deviation (over 300% of the residential member’s cooperative wide average) of use or usage pattern may result in Service disconnection or additional service charges.
4.      The business Unlimited Long Distance Service is designed for typical office use or business use. Any substantial deviation (over 300% of the business member’s cooperative wide average)  of use or usage pattern may result in Service disconnection or additional service charges.
5.      Call outside the U.S., Puerto Rico, Guam, Saipan, and the U.S. Virgin Islands are not included in the unlimited rate plan, nor are any non-direct dial calls and will be billed for separately.
6.      It does not include 9XX calls, 8XX Services, Calling Card calls, International calls, Directory Assistance, Operator Assistance, multi-line conference calls, or data Services. It is not intended for use to connect to Internet Service providers, data providers or information Services. Commercial facsimile distribution or broadcasts, auto-redialing, resale and telemarketing are also strictly prohibited.
                                             vii.     BEK TV ( Analog, Digital & IPTV)
      1.      Distribution of BEKTV content beyond the scope of your end-user account.
2.      Copying, ripping, duplicating or capturing content for other than personal use.
3.      Opening, tampering, probing, experimenting or violating the technology used to deliver the BEKTV Service.
4.      Public showing of any content on BEKTV without the expressed written consent of BEKTV ,without commercial distribution rights  or its content partners.
5.      Decryption, de-compiling, dissecting, decoding of any content other than provided by the set-top.
6.      Circumventing the conditional access or Digital Rights Management (DRM).
7.      Making any of the BEKTV content portable via DVD, PMP, Internet, Tape, Memory card or stick, Hard drive, IPOD, VPOD or similar devices under different product names.
e.      ENFORCEMENT & VIOLATION - All Service access and usage is at the discretion of BEK. BEK management will review all alleged violations of the policy on a case by case basis. Clear violations of policy which are not promptly remedied by the Customer may result in, but not limited to immediate termination of Service and forfeit of all fees paid to date.

You are prohibited from using BEK Services for illegal purposes. Transmission, theft, procurement, communication, alteration, publication or storage of information, data, or material in violation of any federal, state, local law, statute, regulation or rule is prohibited. This includes and in no way limited to: copyrighted material, material legally judged to be obscene, threatening, in violation of the Telecommunications Reform Act of 1996, or materials protected by trade secret. BEK will cooperate fully with investigation proceedings by law enforcement agencies.
 
25.    PRIVACY POLICY & STATEMENT
a.      CUSTOMER PRIVACY - Protecting the privacy of our customers is important to us. Any contact information you provide in an information request will be used only for purposes of, selling, distributing, fulfilling or settlement of BEK Services. We will not divulge any information to third party for purposes other than the sales, distribution, fulfillment or settlement of BEK Services, without your authorization unless required by law to do so.
b.      CUSTOMER INFORMATION USE - The privacy of each customer’s information is important to us. BEK maintains strict customer information privacy policies and uses current technology to safeguard customer information from unauthorized disclosure. This Privacy Policy & Statement tells you how we collect information from you and how we use it.
                                                i.     BEK PARTNERS - BEK sells various "co-branded" services on its website, in newspapers, via phone sales and other mass media. Although BEK requests all partners to have a privacy policy consistent with the policy listed below, it is recommended that you view the privacy policy adopted by the BEK partners when taking their services.
                                               ii.     CUSTOMER INFORMATION - It is a fact of modern life that companies, including BEK, must collect information about their customers in order to carry out business and offer services. Privacy concerns focus on protecting customer information that an individual expects to be kept private. Such information is information associated with a specific individual or entity, including, for instance, email address, Services offered and information about that customer's usage activities.
                                              iii.     CUSTOMER PROPRIETARY INFORMATION – Special Notice Regarding Your Account Information. From time to time, BEK Communications changes its Service offerings and makes available additional features and Services, which may enhance and augment the Service to which you are already subscribed. In order for us to determine which customers may benefit from the new Services and enhancements, we will use information about your account from our databases, legally referred to as Customer Proprietary Network Information (CPNI) unless you restrict that use in the manner described below. CPNI includes information such as the long distance carrier and calling plan to which you are subscribed, calling features and plans to which you are subscribed, calling patterns and usage of various features, and charges associated with the Services you subscribe to. Use of this data will allow BEK to identify Service offerings to meet your individual needs. For this purpose, CPNI data will be used by BEK only. This data will not be shared by BEK with any other outside source except as necessary to provide the Service(s) to which you are already subscribed and when we are legally compelled to do so.
                                              iv.     RESTRICTING CPNI USAGE - You have the right under federal law to protect the confidentiality of your account information and restrict the use of CPNI data, and we have a responsibility to protect your data. To restrict the use of your CPNI data, you must call the business office toll free at 1-888-475-2361 during regular business hours, or email us at bekcomm@bektel.com within 30 days of your receipt of this notice to request that we not utilize your CPNI data. Your denial or approval for BEK to use this data will not affect the provision of any Services to which you subscribe. You may change your decision at any time and your decision will remain valid until you tell us otherwise. Again, we will only use your account information to market other communications Services and Products BEK offers and no action is required unless you wish to restrict our use of your CPNI. You will still receive monthly bill inserts, newsletters and other publications that are sent to all customers at the same time, so that you are kept up to date on what is happening at BEK.
                                               v.     Non-CPNI Collected Automatically - In some cases, we may collect information about you that is not personally identifiable such as the type of Internet browser you are using, the type of computer operating system you are using and the domain name of the website and/or Internet Service Provider from which you linked to our site or advertisement.
                                              vi.     Online Security - We use online security features to safeguard the transmission of information from your personal computer to the BEK servers. BEK utilizes a Secure Socket Layer (SSL) protocol to provide "secure sessions" for visitors to our website. Through the "secure session," information that you input into a BEK order form will be sent and will arrive privately and unaltered at a BEK server. This security is used to prohibit other companies and web users from being able to access your information. BEK will continue to enhance our online security procedures with new technology. For users of BEK's Services, your account password is protected so that only you can access it and view the member and billing information related to your account. We recommend that you do not divulge your password to anyone. BEK will not ask you for your password in an unsolicited telephone call or email. If you believe your password has been compromised, you should immediately change your password to prevent the unauthorized use of it.
                                             vii.     "Cookies" - Pieces of information that a website transfers to an individual's hard drive are called "Cookies." When you view our website or advertisements, we store some information on your computer. This information will be in the form of a "Cookie" or similar file and will be used to determine ways to improve our website, advertisements, Products or Services. For example, Cookies allow us to tailor a website to better match your interests and preferences
                                            viii.     THIRD PARTY – EXTERNAL LINKS - Our website may contain links to the websites of other companies or governmental offices that are outside our control. When you follow a link to another site, you leave our site and your interactions are no longer protected by our privacy policy. BEK is not responsible for, and does not endorse the privacy or security practices and content of these external websites.

26.    E911 Disclaimer Statement - BEK is subject to an FCC requirement to provide notification of any E911 limitations that may be associated with the service provided to its members. As is the case with E911 service provided with traditional telephone service, you are advised that the E911 service provided by BEK:
a.      May not function with the loss of electrical power, including the loss of power to telephone equipment or other equipment necessary to route E911 calls to the appropriate emergency call center;
b.      Will not function at a remote location or may transmit incorrect physical location information for the caller if calls are made from an off-premises extension, bridged on-premises extension, dedicated circuit, dry copper pair, or other communications link to another physical location;
c.      Will not function if the telephone equipment or other equipment necessary to place calls is not correctly configured;
d.      May not transmit the correct physical address for the E911 call due to incorrect information provided by you, use of a non-native telephone number or delays in loading or updating automatic number identification and location information into the E911 databases
e.      May not be capable of being received and/or processed by an emergency call center due to the center's technical limitations;
f.       May be affected by other factors or events, such as the quality of the broadband connection and network congestion. Your signature on the BEK order form or agreement will serve as your acknowledgement that BEK has advised you of these potential limitations. The actual physical location of the building (as assigned by the county E911 coordinator) where the primary service line is delivered shall be the registered location that will be provided to the emergency call center when you place a 911 call.

27.    Modifications to Policy - BEK reserves the right to modify these Terms and Conditions at any time. Upon modification, the Terms and Conditions will be posted at BEK’s website, www.bektel.com for your review. In addition, BEK will provide a reminder on monthly invoices, for customers to review the Terms and Conditions.

28.    MISUSE REPORTING - Please report misuse of the BEK Communication Services to bekcomm@bektel.com or 701-475-2361.
 
 

Revised:  November 03, 2009