Policies and Notices

Network Management Policy

Taylor Telecom provides this Policy in order to disclose its network management practices in accordance with the FCC’s Open Internet Rules. Information about Taylor Telecom’s other policies and practices concerning broadband are available at www.taylortel.net.

Taylor Telecom manages its network to ensure that all of its customers experience a safe and secure broadband Internet environment that is fast, reliable and affordable. Taylor Telecom wants its customers to indulge in all that the Internet has to offer, whether it is social networking, streaming videos and music, to communicating through email and videoconferencing.

Taylor Telecom manages its network for a number of reasons, including optimization, as well as congestion- and security-protocol-management. Taylor Telecom’s customers generally will not be impacted by the protocols and practices that Taylor Telecom uses to manage its network.

Taylor Telecom’s Network Management Practices

Taylor Telecom uses various tools and industry standard techniques to manage its network and deliver fast, secure and reliable Internet service. Such management tools and practices include the following:

Managing Congestion

Taylor Telecom monitors the connections on its network in the aggregate on a weekly basis to determine the rate of utilization. Taylor Telecom takes appropriate measures to address congestion when its utilization threshold reached a level of at least 85%. Taylor Telecom increased capacity on its network by deploying FTTH technology and current projects are underway to deploy more. Network equipment is also upgraded when feasible.

On Taylor Telecom’s network, all customers have access to all legal services, applications and content online and, in the event of congestion, most Internet activities will be unaffected. Some customers, however, may experience longer download or upload times, or slower surf speeds on the web if instances of congestion do occur on Taylor Telecom’s network.

Customers using conduct that abuses or threatens the Taylor Telecom network or which violates the company’s Acceptable Use Policy, Internet service Terms and Conditions, or the Internet Service Agreement will be asked to stop any such use immediately. A failure to respond or to cease any such conduct could result in service suspension or termination.

Taylor Telecom’s network and congestion management practices are ‘application-agnostic’, based on current network conditions, and are not implemented on the basis of customers’ online activities, protocols or applications. Taylor Telecom’s network management practices do not relate to any particular customer’s aggregate monthly data usage.

Network Security

Taylor Telecom knows the importance of securing its network and customers from network threats and annoyances. The company promotes the security of its network and patrons by providing resources to its customers for identifying and reporting such threats as spam, viruses, firewall issues, and phishing schemes. Taylor Telecom also deploys spam filters in order to divert spam from an online customer’s email inbox into a quarantine file while allowing the customer to control which emails are identified as spam. Customers may access the spam files through the email. Spam files are automatically deleted if not accessed within 14 days (this is a default setting but customer can change the number of days to the number they want).

As its normal practice, Taylor Telecom does not block any protocols, content or traffic for purposes of network management except that the company may block or limit such traffic as spam, viruses, malware, or denial of service attacks to protect network integrity and the security of our customers. Taylor Telecom also has a port filtering practice applied only to dynamic IP customers aimed at reducing the spread of computer-related viruses and protecting your computer from intruder access. Incoming mail is not filtered for any server. Outgoing mail server access can be requested. This is for spam/virus identification and filtering purposes only. No other filtering/shaping is done on Internet traffic.

Device Attachment Rules/Application-Specific Behaviors

Except as may be provided elsewhere herein, Taylor Telecom does not currently engage in any application-specific behaviors nor does it employ any device attachment rules for its network.

Monitoring Schedule

Taylor Telecom monitors its network on a weekly basis in the aggregate to determine utilization on its network. When utilization reaches 85%, Taylor Telecom takes the appropriate measures to relieve congestion. Taylor Telecom also checks for abnormal traffic flows, network security breaches, malware, loss, and damage to the network. If a breach is detected or high volume users are brought to light by complaint, Taylor Telecom provides notification to the customer via email or phone. If a violation of Taylor Telecom’s policies has occurred and such violation is not remedied, Taylor Telecom will seek to suspend or terminate that customer’s service.

Network Management Technology

Taylor Telecom employs a variety of industry-standard tools, applications and devices to monitor, secure and maintain its network, including network graphing solutions.

Service Descriptions

Taylor Telecom offers broadband service over ADSL and FTTH facilities. The Taylor Telecom service offerings and rates may be found by clicking the INTERNET button on the right. Although not guaranteed, generally, services having speeds of at least 3mb are suitable for real time applications such as video streaming.

Network Performance

Taylor Telecom makes every effort to support advertised speeds and will dispatch repair technicians to customer sites to perform speed tests as needed to troubleshoot and resolve speed and application performance caused by Taylor Telecom’s network. Taylor Telecom measures availability, latency, and aggregate utilization on the network and strives to meet internal service level targets. However, customer’s service performance may also be affected by one or more of the following: (1) the particular websites being accessed; (2) capacity in the public Internet beyond Taylor Telecom’s network; (3) customer’s computer and equipment (including wireless router); and (4) inside wiring at customer’s premise.

In general, actual customer speeds are between 75%-100% of advertised speeds. Taylor measures latency at generally less than 20ms. Customers may request speed tests.

Specialized Services

Taylor Telecom does not provide any Specialized Services.

Privacy Policy

Taylor Telecom is committed to protecting its customers’ privacy. Please review this Privacy Policy to better understand how Taylor Telecom collects information, how that information is used, and your options as to the collection and use of information. This Privacy Policy is applicable to Taylor Telecom’s customers and to visitors of Taylor Telecom’s website and is intended to provide information regarding Taylor Telecom’s methods for collection and use of information.

What types of information does Taylor Telecom collect?

Whether you are communicating with Taylor Telecom or using a Taylor Telecomservice, Taylor Telecom may collect two types of information: personal information and non-personal information. “Personal information” refers to information that is particular to you, such as, your name, address, phone number, fax number, and e-mail address. “Non-personal information” refers to information that does not by itself identify a specific individual. This information includes websites visited, network traffic data, services and features used or call record details.

How do we collect information from you?

Taylor Telecom may collect information from you through communications such as via the web, by phone, email, mail delivery, or through the services provided to you as the customer.

You may visit our site without divulging any personal information; however, there are areas of this site that might require personal information in order to contact Taylor Telecom directly, specifically, when registering e-mails, obtaining remote access, and contacting online technical support.

Information may be collected in the following ways:

Browsing our site

-IP addresses may be collected for the purposes of system administration, to gather broad demographic information, and to monitor the level of activity on our site.

-Information may be collected regarding the referring URL, which browser you used to come to our site, and the pages of our site that you viewed during your visit and any search terms entered on our site.

-E-mails may be sent by the customer to Taylor Telecom on this website. Taylor Telecom may retain the information in any e-mail that you send to us, such as your name, e-mail, address, or telephone number.

Broadband Internet Service

-Taylor Telecom may monitor the network and take measurements of network performance and the performance of your internet connection to improve the customer’s, or Taylor Telecom’s, overall service levels.

-During communications with Taylor Telecom for service support, we may also access information about your customer premise equipment such as computers and wireless modem devices or other device settings to provide customized technical support or to install specific applications or services for your use.

-Taylor Telecom reserves the right to access broadband traffic from individual accounts for the purposes of general maintenance and management of the network, as well as upon request by law enforcement officials.

Provision of Information by Third Parties

-Taylor Telecom may obtain credit information about you from third parties when you purchase products or services from Taylor Telecom.

How is your personal information used?

Taylor Telecom uses your information in connection with delivering its products and services to you. Taylor Telecom may also use the information supplied in order to personalize portions of your service. Some of these personalized services are made available directly by Taylor Telecom, while others may be offered by its content partners. In addition, Taylor Telecom analyzes and evaluates customer preferences, comments, and criticisms of its offerings in order to make improvements to the present and future versions of the individual service.

Taylor Telecom may use personal information it collects to provide you with information or samples that you have requested. In addition, we may use the non-personal information we collect to provide you with a better service experience in the future. Taylor Telecom does not rent, sell or trade your private information to any non-affiliated third party.

With whom do we share your information?

Unless you request otherwise, we may share certain personal or non-personal information with our affiliated companies with whom we have established business relationships.

Taylor Telecom will never willfully disclose individually identifiable information about its customers to a third party without first receiving that customer’s permission unless Taylor Telecom believes in good faith that the law requires it, or to protect the rights or property of Taylor Telecom.

How does Taylor Telecom protect your personal information?

Taylor Telecom takes reasonable precautions to protect your personal information against unauthorized access by requiring employees to use secured access authentication and passwords to obtain customer information and by storing electronic file information on a secure server, which is accessible only by authorized personnel.

Unfortunately, no data transmission over the internet can be guaranteed to be 100% secure and we will not be held liable should a third party illegally obtain your personal information via internet transmission. While we have made significant efforts to protect your personal information, we cannot ensure or warrant the security of any information you transmit to us, and you do so at your own risk.

Taylor Telecom takes special care to protect the safety and privacy of young people using its services. Taylor Telecom does not knowingly collect information about children. Taylor Telecom believes that children should get their parents’ consent before giving out any personal information. Taylor Telecom encourages parents and legal guardians to participate in their child’s experience using Taylor Telecom’s services. Children should always ask a parent for permission before sending personal information to Taylor Telecom.

How does the customer provide consent?

By using Taylor Telecom’s services, you agree with our Privacy Policy and our practices and procedures contained herein regarding the collection and sharing of your information. To opt out of the sharing of your information for marketing purposes, please contact Taylor Telecom.

How often are changes made to the Privacy Policy and how will you learn of the changes?

Taylor Telecom reserves the right to change, modify or update this Privacy Policy at any time without notice. In the event of any modification, we will post the changes in this Privacy Policy so that you will always know what information we are gathering and how we might use that information. However if such changes are material, we will either announce the change on the home page of the site or take such other action as we deem appropriate under the circumstances. Accordingly, you should periodically visit this page to determine the current Privacy Policy to which you are bound.

How can I delete my personal information from the Taylor Telecom App?

Taylor Telecom strives to protect your personal information but in the event you would like to delete your information from our App, please click here to fill out the form. Please understand, deleting your personal information from our app does not affect our billing system information. Please contact our office at 325-846-4111 if you have any questions.

Acceptable Use Policy

Taylor Telecom has adopted this Acceptable Use AUP (“AUP”) to outline the acceptable use of Taylor Telecom’s Broadband Internet Service. This AUP is in addition to any restrictions contained in the Taylor Telecom service agreement for internet service (the “Subscriber Agreement”). Please also refer to the Frequently Asked Questions (“FAQs”), which includes explanations of how Taylor Telecom will enforce this AUP in the context of network management. All capitalized terms used in this AUP that are not defined here have the meanings given to them in the Subscriber Agreement.

You, the customer, must comply with this AUP. Your failure to do so could result in the suspension or termination of your Broadband Service account. If you do not agree to comply with this AUP, you must immediately stop all use of the Broadband Service and notify Taylor Telecom so that we can close your account.

Taylor Telecom may revise this AUP from time to time and will have the latest version posted on its website. Taylor Telecom will use reasonable efforts to make customers aware of any changes to this AUP, which may include sending e-mail announcements or posting additional information on the Taylor Telecom website. Revised versions of this AUP are effective immediately upon posting. Accordingly, customers of the Taylor Telecom Broadband Internet Broadband Service should read any Taylor Telecom announcements they receive and regularly visit the Taylor Telecom website and review this AUP to ensure that their activities conform to the most recent version. You can ask questions regarding this AUP to, and report violations of it, at Taylor Telecom, phone number 325-846-4111. To report illegal content on the internet, go to www.ftc.gov.

Prohibited Uses and Activities

In general, this AUP prohibits uses and activities involving the Broadband Service that are illegal, infringe the rights of others, or interfere with or diminish the use and enjoyment of the Broadband Service by others.

A. Network and Usage Restrictions

No user of the Broadband Service, Customer Equipment, or the Taylor Telecom Equipment may, individually or in combination with another:

1. Restrict, inhibit, or otherwise interfere with the ability of any other person, regardless of intent, purpose or knowledge, to use or enjoy the Broadband Service (except for safety and security functions such as parental controls, for example), including, without limitation, posting or transmitting any information or software which contains a worm, virus, or other harmful feature, or generating levels of traffic sufficient to impede others’ ability to use, send, or retrieve information.

2. Restrict, inhibit, interfere with, or otherwise disrupt performance of the Broadband Service or cause a performance degradation.

3. Regardless of intent, purpose or knowledge, to the Broadband Service or any Taylor Telecom (or Taylor Telecom supplier) host, server, backbone network, node or service, or otherwise cause a performance degradation to any Taylor Telecom (or Taylor Telecom supplier) facilities used to deliver the Broadband Service.

4. Resell the Broadband Service or otherwise make available to anyone outside the Premises the ability to use the Broadband Service (for example, through WiFi or other methods of networking), in whole or in part, directly or indirectly. The Broadband Service is for personal and non-commercial residential use only and you agree not to use the Broadband Service for operation as an Internet service provider or for any business enterprise or purpose (whether or not for profit).

5. Connect the Taylor Telecom Equipment to any computer outside of your Premises.

6. Interfere with computer networking or telecommunications service to any user, host or network, including, without limitation, denial of service attacks, flooding of a network, overloading a service, improper seizing and abusing operator privileges, and attempts to “crash” a host.

7. Accessing and using the Broadband Service with anything other than a dynamic Internet Protocol (“IP”) address that adheres to the dynamic host configuration protocol (“DHCP”). You may not configure the Broadband Service or any related equipment to access or use a static IP address or use any protocol other than DHCP unless expressly permitted to do so by Taylor Telecom.

B. Conduct and Information Restrictions

No user of the Broadband Service, Customer Equipment, or the Taylor Telecom Equipment may, individually or in combination with another:

1. Avoid incurring charges for or otherwise being required to pay for usage of the Broadband Service.

2. Invade another person’s privacy, stalk, harass, or otherwise violate the rights of other persons.

3. Undertake or accomplish any unlawful purpose. This includes, but is not limited to, posting, storing, transmitting or disseminating information, data or material which is libelous, obscene, unlawful, threatening or defamatory, or which infringes the intellectual property rights of any person or entity, or which in any way constitutes or encourages conduct that would constitute a criminal offense, or otherwise violate any local, state, federal, or non-U.S. law, order, or regulation.

4. Post, store, send, transmit, or disseminate any information or material which a reasonable person could deem to be unlawful.

5. Upload, post, publish, transmit, reproduce, create derivative works of, or distribute in any way information, software or other material obtained through the Broadband Service or otherwise that is protected by copyright or other proprietary right, without obtaining any required permission of the owner.

6. Collect, or attempt to collect, personal information about third parties without their consent.

7. Transmit unsolicited bulk or commercial messages commonly known as “spam.”

8. Send voluminous copies of the same or substantially similar messages, empty messages, or messages which contain no substantive content, or send very large messages or files that disrupts a server, account, blog, newsgroup, chat, or similar service.

9. Initiate, perpetuate, or in any way participate in any pyramid or other illegal scheme.

10. Participate in the collection of voluminous amounts of e-mail addresses, screen names, or other identifiers of others (without their prior consent), a practice sometimes known as spidering or harvesting, or participate in the use of software (including “spyware”) designed to facilitate this activity.

11. Collect responses from unsolicited bulk messages.

12. Falsify, alter, or remove message headers.

13. Falsify references to Taylor Telecom or its network, by name or other identifier, in messages.

14. Impersonate any person or entity, engage in sender address falsification, forge anyone else’s digital or manual signature, or perform any other similar fraudulent activity (for example, “phishing”).

15. Violate the rules, regulations, terms of service, or policies applicable to any network, server, computer database, service, application, system, or Web site that you access or use.

C. Technical Restrictions

No user of the Broadband Service, Customer Equipment, or the Taylor Telecom Equipment may, individually or in combination with another:

1. Use the Internet service or facilities for web-hosting, e-mail hosting, or other unusually high-bandwidth consumption unless you have made special subscription arrangements with Taylor Telecom and the usage does not otherwise violate law or regulation.

2. Access any other person’s computer or computer system, network, software, or data without his or her knowledge and consent; breach the security of another user or system; or attempt to circumvent the user authentication or security of any host, network, or account. This includes, but is not limited to, accessing data not intended for you, logging into or making use of a server or account you are not expressly authorized to access, or probing the security of other hosts,networks, or accounts without express permission to do so.

3. Use or distribute tools or devices designed or used for compromising security or whose use is otherwise unauthorized, such as password guessing programs, decoders, password gatherers, keystroke loggers, analyzers, cracking tools, packet sniffers, encryption circumvention devices, or Trojan Horse programs. Unauthorized port scanning is strictly prohibited.

4. Copy, distribute, or sub-license any proprietary software provided in connection with the Broadband Service by Taylor Telecom or any third party, except that you may make one copy of each software program for back-up purposes only;

5. Distribute programs that make unauthorized changes to software (cracks).

6. Use or run dedicated, stand-alone equipment or servers from the Premises that provide network content or any other services to anyone outside of your Premises local area network (“Premises LAN”), also commonly referred to as public services or servers. Examples of prohibited equipment and servers include, but are not limited to, e-mail, Web hosting, file sharing, and proxy services and servers.

7. Use or run programs from the Premises that provide network content or any other services to anyone outside of your Premises LAN, except for personal and non-commercial residential use;

8. Service, alter, modify, or tamper with the Taylor Telecom Equipment or Broadband Service or permit any other person to do the same who is not authorized by Taylor Telephone.

Customer Conduct and Features of the Broadband Service

A. Customer Obligations

In addition to being responsible for your own compliance with this AUP, you are also responsible for any use or misuse of the Broadband Service that violates this AUP, even if it was committed by a friend, family member, or guest with access to your Broadband Service account. Therefore, you must take steps to ensure that others do not use your account to gain unauthorized access to the Broadband Service by, for example, strictly maintaining the confidentiality of your Broadband Service login and password. In all cases, you are solely responsible for the security of any device you choose to connect to the Broadband Service, including any data stored or shared on that device. It is also your responsibility to secure the Customer Equipment and any other Premises equipment or programs not provided by Taylor Telecom that connects to the Broadband Service from external threats such as viruses, spam, bot nets, and other methods of intrusion.

B. Taylor Telecom’s Rights

Taylor Telecom reserves the right to refuse to transmit or post, and to remove or block, any information or materials, in whole or in part, that it, in its sole discretion, deems to be in violation of Sections I or II of this AUP, or otherwise harmful to Taylor Telecom’s network or customers using the Broadband Service, regardless of whether this material or its dissemination is lawful so long as it violates this AUP. Neither Taylor Telecom nor any of its affiliates, suppliers, or agents have any obligation to monitor transmissions or postings (including, but not limited to, e-mail, file transfer, blog, newsgroup, and instant message transmissions) made on the Broadband Service. However, Taylor Telecom and its affiliates, suppliers, and agents have the right to monitor these transmissions and postings from time to time for violations of this AUP and to disclose, block, or remove them in accordance with this AUP, the Subscriber Agreement, and applicable law.

C. Service Restrictions

All of Taylor Telecom’s network and system services are provided according to scheduled fees for each type of service. You agree to use such services in accordance with the terms set forth below.

1. Email and Web-Hosting Services

(i) Unsolicited Email Prohibited – You may not use Taylor Telecom-hosted email addresses for the purpose of sending unsolicited email. You may not use or cause to be used Taylor Telecom’s equipment, network connectivity, or other resources to originate, deliver, relay or otherwise transmit unsolicited email messages. You may not engage in any of the foregoing prohibited activities by using the service of any other provider, third-party agent, re-mailing service or address forwarding service, in such a way that Taylor Telecom’s network addresses or Taylor Telecom-hosted web or email services are in any way identified as being associated with the sending of unsolicited email.

(ii) Unauthorized use, or forging, of mail header information (e.g. “spoofing”) is prohibited.

(iii) Fraudulent Activity Prohibited – You may not use the Taylor Telecom email and web-hosting services to make fraudulent offers to sell or buy products, items, services, or to advance any type of financial scam such as “pyramid schemes”, “Ponzi schemes”, or “chain letters.” You may not use techniques to hide or obscure the source of any e-mail or other communications.

(iv) Taylor Telecom reserves the right to suspend or delay delivery of email to Customer utilizing the Taylor Telecom email services and/or the virtual domain email if the volume of email being redirected, stored, or delivered on the Customer’s behalf is deemed excessive. Excessive traffic is defined as any amount of email that consumes more than 10MB of disk storage space per individual mailbox or any volume of email traffic that noticeably degrades performance on the server in question, in the sole discretion of Taylor Telecom. Stored mail exceeding these limits may be transferred to a compressed file at Taylor Telecom’s discretion. Taylor Telecom will attempt to notify the account holder via the account contact information on record; however Taylor Telecom reserves the right to delete the contents of such email boxes upon thirty (30) days after attempted notification.

(v) The Broadband Service may not be used to communicate or distribute e-mail or other forms of communications in violation of Section I of this AUP. As described below in Section III of this AUP, Taylor Telecom uses reasonable network management tools and techniques to protect customers from receiving spam and from sending spam (often without their knowledge over an infected computer).

(vi) Taylor Telecom is not responsible for deleting or forwarding any e-mail sent to the wrong e-mail address by you or by someone else trying to send e-mail to you. Taylor Telecom is also not responsible for forwarding e-mail sent to any account that has been suspended or terminated. This e-mail will be returned to the sender, ignored, deleted, or stored temporarily at Taylor Telecom’s sole discretion.

(vii) In the event that Taylor Telecom believes in its sole discretion that any subscriber name, account name, or e-mail address (collectively, an “identifier”) on the Broadband Service may be used for, or is being used for, any misleading, fraudulent, or other improper or illegal purpose, Taylor Telecom (i) reserves the right to block access to and prevent the use of any of these identifiers and (ii) may at any time require any customer to change his or her identifier. In addition, Taylor Telecom may at any time reserve any identifiers on the Broadband Service for Taylor Telecom’s own purposes. In the event that a Broadband Service account is terminated for any reason, all e-mail associated with that account (and any secondary accounts) will be permanently deleted as well.

2. Instant, Video, and Audio Messages

Each user is responsible for the contents of his or her instant, video, and audio messages and the consequences of any of these messages. Taylor Telecom assumes no responsibility for the timeliness, mis-delivery, deletion, or failure to store these messages. In the event that a Broadband Service account is terminated for any reason, all instant, video, and audio messages associated with that account (and any secondary accounts) will be permanently deleted as well.

3. Personal Web Pages and File Storage

You are solely responsible for any information that you or others publish or store on any personal web page or in any storage files. You are also responsible for ensuring that all content made available through personal web pages is appropriate for those who may have access to it. For example, you must take appropriate precautions to prevent minors from receiving or accessing inappropriate content. Taylor Telecom reserves the right to remove, block, or refuse to post or store any information or materials, in whole or in part, that it, in its sole discretion, deems to be in violation of Section I of this AUP. For purposes of this AUP, “material” refers to all forms of communications including text, graphics (including photographs, illustrations, images, drawings, logos), executable programs and scripts, video recordings, and audio recordings.

Network Management and Limitations on Data Consumption

Taylor Telecom manages its network with the goal of delivering a fast, safe and uncompromised broadband Internet experience to all of its customers. But, high-speed bandwidth and network resources are not unlimited. Managing the network is essential for the promotion of best possible Broadband Internet experience by all of Taylor Telecom’s customers. The company uses reasonable network management practices that are consistent with industry standards. Taylor Telecomtries to use tools and technologies that are minimally intrusive and, in its independent judgment guided by industry experience, among the best in class. Of course, the company’s network management practices will change and evolve along with the uses of the Internet and the challenges and threats on the Internet.

If Taylor Telecom didn’t manage its network, its customers would be subject to the negative effects of spam, viruses, security attacks, network congestion, and other risks and degradations of service. By engaging in responsible network management, including enforcement of this AUP, Taylor Telecom can deliver the best possible broadband Internet experience to all of its customers.

Please see Taylor Telecom’s Network Management Policy for more information.

A. Network Usage and Data Consumption Restrictions

You acknowledge that all of the Taylor Telecom Internet services are intended for periodic, active use of email, user newsgroups, transfers via FTP, Internet chat, Internet games, and browsing of the Internet. You must comply with all current bandwidth, data storage, and other limitations on the Taylor Telecom Internet services that have been established by Taylor Telecom and Taylor Telecom suppliers. You agree not to intentionally use the Taylor Telecom Internet service on a standby or inactive basis in order to maintain a connection. The excessive use or abuse of Taylor Telecom’s network resources by one Customer may have a negative impact on all other Customers. Accordingly, in addition to the Prohibited Uses and Activities provided in Section I, you may not use the Taylor Telephone Internet service or take any action, directly or indirectly, that will result in excessive consumption or utilization of the system or network resources, or which may weaken network performance, as determined in Taylor Telecom’s sole discretion. Such prohibited actions include, but are not limited to: using the Taylor Telecom Internet Services to host a web server site which attracts excessive traffic at your location, continuously uploading or downloading streaming video or audio, use net hosting, continuous FTP uploading or downloading, or acting in a manner that negatively effects other users’ ability to engage in real time exchanges and use of the Taylor Telecom Internet Services.

The Broadband Service is for personal and non-commercial residential use only. Therefore, Taylor Telecom reserves the right to suspend or terminate Broadband Service accounts where data consumption is not characteristic of a typical residential user of the Broadband Service as determined by Taylor Telecom in its sole discretion.

Common activities that may cause excessive data consumption in violation of this AUP include, but are not limited to, numerous or continuous bulk transfers of files and other high capacity traffic using (i) file transfer protocol (“FTP”), (ii) peer-to-peer applications, and (iii) newsgroups. You must also ensure that your use of the Broadband Service does not restrict, inhibit, interfere with, or degrade any other person’s use of the Broadband Service, nor represent (as determined by Taylor Telecom in its sole discretion) an overly large burden on the network. In addition, you must ensure that your use of the Broadband Service does not limit or interfere with Taylor Telecom’s ability to deliver and monitor the Broadband Service or any part of its network.

If you use the Broadband Service in violation of the restrictions referenced above, that is a violation of this AUP. In these cases, Taylor Telephone may, in its sole discretion, suspend or terminate your Broadband Service account or request that you subscribe to a version of the Broadband Service (such as a commercial grade Internet service, if appropriate) if you wish to continue to use the Broadband Service at higher data consumption levels. Taylor Telecom may also provide versions of the Broadband Service with different speed and data consumption limitations, among other characteristics, subject to applicable Broadband Service plans.

Taylor Telecom’s determination of the data consumption for Broadband Service accounts is final.

Violation of this Acceptable Use AUP

Taylor Telecom reserves the right to immediately suspend or terminate your Broadband Service account and terminate the Subscriber Agreement if you violate the terms of this AUP or the Subscriber Agreement.

Taylor Telecom does not routinely monitor the activity of individual Broadband Service accounts for violations of this AUP, except for determining aggregate data consumption in connection with the data consumption provisions of this AUP. However, in the company’s efforts to promote good citizenship within the Internet community, it will respond appropriately if it becomes aware of inappropriate use ofthe Broadband Service. Taylor Telecom has no obligation to monitor the Broadband Service and/or the network. However, Taylor Telecom and its suppliers reserve the right at any time to monitor bandwidth, usage, transmissions, and content in order to, among other things, operate the Broadband Service; identify violations of this AUP; and/or protect the network,the Broadband Service and Taylor Telecom users.

Taylor Telecom prefers to inform customers of inappropriate activities and give them a reasonable period of time in which to take corrective action. Taylor Telecom also prefers to have customers directly resolve any disputes or disagreements they may have with others, whether customers or not, without Taylor Telecom’s intervention. However, if the Broadband Service is used in a way that Taylor Telecom or its suppliers, in their sole discretion, believe violates this AUP, Taylor Telecom or its suppliers may take any responsive actions they deem appropriate under the circumstances with or without notice. These actions include, but are not limited to, temporary or permanent removal of content, cancellation of newsgroup posts, filtering of Internet transmissions, and the immediate suspension or termination of all or any portion of the Broadband Service (including but not limited to newsgroups). Neither Taylor Telecom nor its affiliates, suppliers, or agents will have any liability for any of these responsive actions. These actions are not Taylor Telecom’s exclusive remedies and Taylor Telecom may take any other legal or technical actions it deems appropriate with or without notice.

Taylor Telecom reserves the right to investigate suspected violations of this AUP, including the gathering of information from the user or users involved and the complaining party, if any, and examination of material on Taylor Telecom’s servers and network. During an investigation, Taylor Telecom may suspend the account or accounts involved and/or remove or block material that potentially violates this AUP. You expressly authorize and consent to Taylor Telecom and its suppliers cooperating with (i) law enforcement authorities in the investigation of suspected legal violations, and (ii) and system administrators at other Internet service providers or other network or computing facilities in order to enforce this AUP. Upon termination of your Broadband Service account, Taylor Telecom is authorized to delete any files, programs, data, e-mail and other messages associated with your account (and any secondary accounts).

The failure of Taylor Telecom or its suppliers to enforce this AUP, 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 AUP is held invalid or unenforceable, that portion will be construed consistent with applicable law as nearly as possible, and the remaining portions will remain in full force and effect. You agree to indemnify, defend and hold harmless Taylor Telecom and its affiliates, suppliers, and agents against all claims and expenses (including reasonable attorney fees) resulting from any violation of this AUP. Your indemnification will survive any termination of the Subscriber Agreement.

Redress and Governing Law

a. Governing Law / Resolution of Disputes – Arbitration

Any dispute or claim between you, the Customer, and Taylor Telecom arising out of or relating to the service provided in connection with this Acceptable Use Policy or the Subscriber Agreement shall be resolved by arbitration (“Arbitration”), unless otherwise specified in Customer’s individual Subscriber Agreement. To the extent that there is a conflict regarding this Arbitration provision, the Customer’s individual Subscriber Agreement supersedes the Terms and Policies of the individual Services.

The arbitrator’s decision shall follow the plain meaning of the relevant documents, and shall be final and binding. The parties agree that no arbitrator has the authority to: (i) award relief in excess of what the Subscriber Agreement provides; or (ii) award punitive or exemplary damages. Judgment on the award rendered by the arbitrators may be entered in any court having jurisdiction thereof. All claims shall be arbitrated individually and Customer will not bring, or join any class action of any kind in court or in arbitration or seek to consolidate or bring previously consolidated claims in Arbitration. CUSTOMER ACKNOWLEDGES THAT THIS ARBITRATION PROVISION CONSTITUTES A WAIVER OF ANY RIGHT TO A JURY TRIAL.

b. Governing Law / Resolution of Disputes – Governing Law

The Agreement and the relationship between you and Taylor Telecom shall be governed by the laws of the state of Texas without regard to its conflict of law provisions. To the extent court action is initiated to enforce an arbitration award or for any other reason consistent with the Arbitration provision herein, you and Taylor Telecom agree to submit to the personal and exclusive jurisdiction of the courts located within the state of Texas and waive any objection as to venue or inconvenient forum. The failure of Taylor Telecom to exercise or enforce any right or provision of this AUP or the Subscriber Agreement shall not constitute a waiver of such right or provision. If any provision of this AUP or the Subscriber Agreement is found by a court of competent jurisdiction to be invalid, the parties nevertheless agree that the court should endeavor to give effect to the parties’ intentions as reflected in the provision, and the other provisions of this AUP or the Subscriber Agreement remain in full force and effect. You agree that regardless of any statute or law to the contrary, any claim or cause of action arising out of or related to use of the service, this AUP or the Subscriber Agreement must be filed within one (1) year after such claim or cause of action arose or be forever barred.

Digital Millennium Copyright Act (“DMCA”) Notice

In providing its services, Taylor Telecom may act as a “services provider” under the DMCA and offer services as an online provider of materials and links to third party websites. As a result, third party materials that are not owned or controlled by Taylor Telecom may be transmitted, stored, accessed, or otherwise made available using the services. You agree to notify Taylor Telecom if and to the extent any situation arises wherein you believe any material available through the services infringes a copyright. Any claimant must notify Taylor Telecom using the notice procedure for claimed infringement under the DMCA and provide the following: If you believe that your work has been copied and has been posted, stored, or transmitted to Taylor Telecom’s websites in a way that constitutes copyright infringement, please submit a notification pursuant to the DMCA by providing Taylor Telecom’s designated agent the following written information: (i) an electronic or physical signature of the person authorized to act on behalf of the owner of the copyright interest, (ii) a description of the copyrighted work that you claim has been infringed upon, (iii) a specific description of where the material that you claim is infringing is located on the website, (iv) your address, telephone number, and email address, (v) a statement by you that you have a good faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law, and (vi) a statement by you, made under penalty of perjury, that the above information in your notice is accurate and that you are the copyright owner or authorized to act on the copyright owner’s behalf.

DMCA DESIGNATED AGENT

Taylor Telecom’s designated agent (the proper party for notice) to whom any copyright owner should address infringement notices under the DMCA is Jay Campbell, Designated Agent, PO Box 370, Merkel, Texas 79536, 325-846-4111, jcampbell@taylortel.org. Taylor Telecom will respond expeditiously to remove or disable access to material Taylor Telecom determines may be infringing and will follow the procedures specified in the DMCA to resolve the claim between the notifying party and the alleged infringing party who provided the applicable content.

Taylor Telecom has no obligation to monitor its services but may do so and may disclose information regarding use of the services for any reason if Taylor Telecom, in its sole discretion, believes that it is reasonable to do so, including, without limitation, to: (i) satisfy laws, regulations, or governmental or legal requests, (ii) operate the services properly, or (iii) protect itself and its customers and users. Taylor Telecom may immediately remove material or information from Taylor Telecom’s servers, in whole or in part, which Taylor Telecom, in its sole and absolute discretion, determines to infringe another’s property rights or to violate the AUP.

Internet Service Agreement

1. Customer agrees and understands that the only warranty or guarantee made concerning the fitness, quality, design, condition, capacity, suitability, reliability, or performance of any hardware or software sold or provided to customer by Taylor Telecom (TTC) is made by the manufacturer of said product and set such product. TTC shall not be liable in any event for loss of use, profit, revenue, consequential damage, or any claim for damage resulting from the use of purchased hardware, use of the internet and software, or interruption of such service for any cause. The liability of TTC for any cause shall never exceed the actual amount paid TTC by the customer.

2. Customer agrees and understands that TTC and Agents have no control of information and services provided through the internet and the customer hereby expressly releases, holds harmless, and agrees to indemnify TTC and Agents from any and every claim which might be made by any person by virtue of customer’s access to and use of the internet.

3. Customer agrees and understands that the internet is unrestricted and uncensored, and that certain material may be distasteful, and/or unsuitable for children. Customer agrees and understands that TTC has no control over other internet sites and that it is the customer’s sole responsibility to prevent viewing of inappropriate material by children.

4. By executing this agreement and/or using the system, the customer expressly agrees to abide by all system rules as published from time to time by TTC. Customer hereby acknowledges receipt of a current copy of the system rules in effect at the time of activation. System rules may be modified at any time by TTC, with such changes to by published on the TTC Home Page. Customer agrees to accept TTC interpretation of all system rules.

5. TTC agrees to use its best reasonable efforts to keep all electronic mail (email) messages private and confidential, and agrees that the customer is the sole owner of any email messages posted by customer to the system. In the event TTC reasonably believes customer is violating system rules, TTC may review customer’s email. If it is determined that a violation has occurred, TTC may exercise the remedies provided in Section 6 of this agreement. Customer acknowledges and agrees that the recipients of email are under no obligation to keep it confidential, and that in the event governmental authorities investigate or seize the system, customer email may be reviewed.

6. If TTC has reason to believe customer is in violation of any system rules, or is conducting any activities we believe harmful to TTC, the system, or other users, customer expressly agrees that TTC may exercise any or all of the following remedies:

a. TTC may immediately terminate customer’s access to the system, and shall have no obligation to return e-mail or other files stored on the system.

b. TTC may report the matter to the proper authorities and fully cooperate any official investigation.

c. TTC may exercise any other right, remedy, or action which is appropriate in view of the nature of the violation of system rules or other harmful activity.

7. Customer agrees to pay for all services used in a timely manner, in accordance with TTC’s billing policies. Customer agrees and understands that base service is billed one month in advance, and that any overages are billed one month in arrears.

8. Customer recognizes and acknowledges that any software provided by TTC for access to the system is copyrighted material, and that customer may not sell, give, transfer, or copy said software without the express written permission of the copyright holder and TTC.

9. Customer acknowledges and agrees that any passwords issued by TTC for system access are for the sole use of customer, and that customer may not allow others to use his/her password to access the system. Violation of this article shall be cause for immediate termination of service.

10. Customer may not resell any services purchased for TTC without the express written consent of TTC.

11. Customer agrees to all terms and conditions in the above application for TTC service.

12. Customer hereby agrees and consents to the obtainment by TTC of any and all personal credit and/or financial information and does hereby agree and consent to TTC’s use thereof for the purposes of waiving any security deposit or determining whether or not service to customer should be initiated or continued. Customer agrees to indemnify, hold harmless, and release TTC from any claim made as a result of the use and/or obtainment of such information. TTC reserves the right to charge a security deposit.

13. Customer agrees he/she has read and agrees to all the terms and conditions shown on both the front and reverse side of this application for service.

14. Acceptance of this application is at TTC’s sole discretion and shall be evidenced by its duly authorized signature in the space provided here on.

15. Upon acceptance by TTC, this Customer Service Agreement and any exhibits, riders, amendments, or supplements attached here to shall constitute the entire Agreement between Customer and TTC, and shall supersede any prior or contemporaneous understandings or written or oral agreements between the parties and respecting the within subject matter.

16. Customer assents to any terms and conditions of this agreement which are additional or are different from those proposed either orally or in writing by customer.

17. At the sole discretion of TTC, service may be commenced prior to or subsequent to the obtaining and verifying of credit and financial information as authorized herein. TTC reserves the right to demand a deposit and/or terminate service if, in the sole discretion of TTC, customer’s credit or financial information proves unsatisfactory during the term of this agreement.

18. Customer certifies and warrants that the information given in this application is true and correct.

19. Prices charged for services under this agreement are subject to change without notice.

20. No right or remedy herein conferred upon or reserved to TTC is exclusive of any other right or remedy herein or by law or equity provided or permitted, by each shall be cumulative o f every other right or remedy given here-under or now or hereafter existing at law or equity, and may be enforced concurrently or from time to time.

21. Customer hereby waives, and agrees not to assert any and all existing or future claims, defenses, and offsets against any payment due here-under. Customer agrees to pay all charges due here-under, regardless of any claim, defense, or offset which may be exerted by Customer or on Customer’s behalf.

22. A delegation of any obligation here-under by Customer shall not release Customer of said obligation.

23. No term or condition of this agreement may be waived or modified except by the written consent of TTC. Forbearance or indulgence by TTC in any regard whatsoever shall not constitute waiver of any term or condition, nor shall it constitute a waiver as to any future default or defaults, whether of like or different character.

24. Service of all notices under this agreement shall be deemed sufficient if given personally or mailed to the party involved at its respective address set forth in this agreement, by US mail, or at such address as the notified party may from time to time request in writing. Any notice mailed to such address shall be considered effective at the time of mailing.

25. This agreement shall be construed under and in accordance with the laws of the State of Texas. If any one or more of the provision contained herein shall be held to be invalid, illegal, or unenforceable in any respect, such invalidity, illegality, or unenforceability shall not affect any other provision hereof, and this agreement shall be construed as if such invalid, illegal or unenforceable provision had never been contained herein.

26. A service charge may be imposed for all returned checks, not to exceed the maximum allowed by law.

27. TTC assumes no responsibility for interruptions of service caused by Acts of God, force majeure, catastrophe, etc.

28. If service is suspended by TTC for nonpayment or other cause, a $25 charge will be imposed when reactivating after 30 days of disconnect.

29. Initial activations, renewals, reactivating, and plan changes may only include those rate plans being offered at the time of activation, renewal, reactivating, or plan changes.

30. Customer assumes responsibility for any and all charges associated with the use of his/her account.

31. Liable party must be 18 years of age or older.

32. Purchase of web page is exclusive to the entity and its subsidiaries only.

33. TTC does not own, operate or manage the internet. It only provides access to the World Wide Web. The internet is not a private network and therefore not secure. Due to the open nature of the internet, TTC cannot warrant against inappropriate access to your computer or network by third parties and cannot guarantee confidentiality, privacy or security. Use of the Internet is solely at the customers own risk and is subject to all applicable local, state, national and international laws and regulations. TTC shall not be held responsible or liable for any loss or damage caused by customer use of the Internet. TTC will not be held liable for any information acquired from the Internet that the customer deems as inaccurate or inappropriate.

System Rules:

1. The system may not be used for any activity which may violate any criminal or civil laws. These include, but are not limited to, any activities involving drugs, gambling, prostitution, pornography, spreading computer viruses, cracking computer security systems, infringing on intellectual property, trafficking in credit card numbers, fraudulent marketing schemes, or trafficking in cellular telephone fraud information.

2. The system may not be used to distribute mass unsolicited email contain commercial advertisements or to pose commercial advertisement to inappropriate locations on the internet.

3. The system may not be used to publish defamatory statements directed to or about other persons or entities on the internet.

4. Customers must respect the conventions and rules of newsgroups, mailing lists, and other networks, even if those convention and rules are more restrictive than TTC’s.

5. The system may not be used to violate the copyright interests or other intellectual property interests of any person or entity. This includes, but is not limited to, the distribution or sharing of copyrighted software in violation of the copyright holder’s rights.

6. Customers, including Home Page Customers, may not post any material to the system which is obscene, vulgar, or blatantly offensive to the prevailing moral standards of the community.

By accepting our service you agree to those terms and conditions.

Texas and National Do-Not-Call Regsitries

The Federal Communications Commission has amended its rules to require telemarketers to honor registrations with the National Do-Not-Call Registry indefinitely. The previous rules provided that registrations would expire after five years.

This rule change serves to minimize the inconvenience of consumers having to re-register their phone numbers every five years and furthers the underlying goal of the Registry to protect consumer privacy rights. You can register your phone number for free, and you may remove your number from the list at any time. Please note, however, that the Do-Not-Call Registry does not prevent all unwanted calls.

It does not cover the following:

Calls from organizations with which you have established a business relationship
Calls for which you have given prior written permission
Calls which are not commercial or do not include unsolicited advertisements
Calls by or on behalf of tax-exempt non-profit organizations

Subscribers may register their residential telephone number, including wireless numbers, on the National Do-Not-Call Registry by telephone or by internet at no cost. Consumers can register online by going to www.donotcall.gov. You must call from the number you wish to register.

Texans may also register for the Public Utility Commission-sponsored Statewide “Do Not Call” List by calling 1-866-896-6225 or visiting www.texasnocall.com. There is a registration charge of $2.25 for each phone number included on this list unless you register online.

3rd Party Billing, Charge Disputes, Cancellations

To allow our customers to receive charges for other types of outsourced services on their phone bill, Taylor Telecom handles third party billing for a select group of telecommunications providers. Taylor receives billing details from these other providers, such as charges for collect calls, or voice mail service, and places them on your monthly bill.

While the charges may appear on your Taylor Telecom bill, it’s important to remember the charges are from other service providers. As such, we have no way of knowing the validity of the charges. In some cases the charges are being generated by clicking on a website link, merely reading an email or perhaps a computer virus. All the other provider needs is your phone number. Unfortunately, some charges are fraudulent. Please review you phone bill to ensure it does not contain unauthorized charges.

All questions on third party charges or requests for cancellation of third party services must be made to the company providing those services. The contact number for the provider’s customer service line is included on the bill page where the charge is listed. Taylor Telecom typically cannot inquire about the charges or make cancellation on behalf of customers; it must be questioned or reported by you.

If Taylor Telecom can assist you with questions or concerns, please call us at 1-800-238-4155 or 325-846-4111.

Backup Power Information

Because you are served by Fiber to the Home technology, Taylor Telecom is supplying this notice to describe the power limitation of your voice service provided on Fiber to the Home plant that does not directly power your voice service and which provides you with an opportunity to purchase power backup if you are not comfortable with the limitations.

What are the power limitations?

If your home phone service is provided with our state-of-the-art fiber optic network, it requires electric power to operate Your voice service will not operate during a power outage. To avoid a disruption of home voice service during a power outage – and to maintain the ability to connect to 911 emergency services or any other calls from your home phone you will need battery backup.

Where to Obtain Your Battery Backup

If you have not purchased battery backup for your service already, we offer an optional backup battery available for purchase directly from Taylor Telecom. If you have any questions or simply want to purchase a backup battery through us, please call 1-800-238-4155, visit Taylor Telecom’s website at taylortel.net, or visit Taylor Telecom’s business office. Our 8-hour backup batteries cost approximately $187.00 and can be shipped directly to your home, or it can be picked up at our business office. If purchasing your battery backup from Taylor Telecom, we can guarantee that the battery will be compatible with your equipment and we will provide helpful information about how to self-monitor and self-test the backup battery. Taylor Telecom will also provide any applicable warranty information. Battery installation is easy, but if you do not feel comfortable installing your own battery, we would be happy to assist you. Please note, however, that there may be a charge for installation.

What Your Backup Battery Can – and Can’t – Do for You

The battery offered by Taylor Telecom is approximately [ten pounds] and is roughly the size of [a juice box]. Our backup batteries are expected to last at least 8 hours on standby power. That means the backup battery should give you approximately 24 hours of talk time. If you feel that is not enough time, you may extend your standby power by purchasing a 24-hour battery or additional 8-hour batteries. Taylor Telecom’s backup battery does not provide power to any services other than voice. Home security systems, medical monitoring devices, routers and other equipment will not run on a home phone backup battery.

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. Taylor Telecom recommends that you store your battery above [41°F and below 104°F]. These batteries are rechargeable. They will not last forever and should be replaced every [1 to 2 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. Periodically, you should remove and test your battery to verify both the operation of the backup battery and its condition, (as described in the instructions included with your battery).

Call Before You Dig! Call Texas811

Texas811.org

Thinking about getting started on a new outdoor project? Whether it is something as small as planting a tree or as big as a home improvement project, it is important to know that utility lines may be in the ground below before you start digging. Remember to call Texas811 at 1-800-344-8377 or dial 811, at least two business days before you dig or drill on your property to get publicly owned underground utility lines marked for free!

Texas811 will alert the affected utility companies, who then dispatch a professional to mark the underground lines. Multiple line locators may come to the digging site, depending on the utilities located there. Just because you have seen one mark on the ground doesn’t necessarily mean that all utilities have been located. If you are unsure if all utility locators have been to the site, call Texas811 to verify.

Remember, having the lines located BEFORE you dig or drill is the law and will help protect you from potential injury, fines, and repair costs. Every 60 seconds, an underground utility is hit in the United States, and in 37% of all digging incidents reported in 2008, no notification was made to Texas811 or another appropriate call center.