Internet Services Agreement

KAPLAN TELEPHONE COMPANY, INC.

 LOUISIANA COMPETITIVE TELECOMMUNICATIONS, INC.

 ACCEPTABLE USE POLICY FOR INTERNET ACCESS

Please read this Policy, and the Terms and Conditions for Internet Services carefully before opening or continuing a account with us. By using our services, you agree to comply with this Acceptable Use Policy, and we may terminate your account if you fail to comply with this policy.

IF YOU DO NOT AGREE TO BE BOUND BY THIS POLICY, YOU SHOULD IMMEDIATELY END YOUR USE OF OUR SERVICES AND OUR SOFTWARE AND NOTIFY US SO THAT WE MAY INITIATE A CLOSURE OF YOUR ACCOUNT.

1. INTRODUCTION. This Acceptable Use Policy ("AUP") governs your use of the Internet services ("Service") provided by us (the "ISP"), whether you subscribe to the Service or not, and you agree to all the terms set forth herein. Generally, ISP does not monitor or edit the content posted by users of the Service or other Internet services that may be available on or through the Service (e.g., newsgroups, chat rooms, message boards, etc.). However, ISP and its agents reserve the right at their sole discretion to remove any content that, in ISP's judgment, does not comply with the AUP or is otherwise harmful, objectionable, or inaccurate. ISP is not responsible for any failure or delay in removing such content. In addition, ISP may cooperate with legal authorities and/or third parties in the investigation of any suspected or alleged crime or civil wrong. Your violation of this AUP may result in the suspension or termination of either your access to the Service and/or your ISP account. You agree to indemnify, defend, and hold ISP harmless from any claims resulting from your use of this service, which damages you or another party. At our sole discretion, we may revoke your access for inappropriate usage. Use of any information obtained via the Service is at your own risk. ISP is not responsible for the accuracy, quality, or content of information obtained through the Service. This AUP should be read in conjunction with our Internet Service Agreement and other policies.

2. VIOLATIONS. The following constitute violations of ISP's AUP:

(A) Using the Service to gain unauthorized access to any computer systems.

(B) Using the Service to transmit any material (by email, uploading, posting, or otherwise) that, intentionally or unintentionally, violates any applicable local, state, national or international law, or any rules or regulations promulgated thereunder.

(C) Using the Service to interfere with access to the Internet by other parties or disrupt the network used by ISP.

(D) Using the Service to harm, harass, degrade, or intimidate an individual or group of individuals on the basis of religion, gender, race, ethnicity, age, or disability.

(E) Using the Service to transmit any material (by email, uploading, posting, or otherwise) that threatens or encourages bodily harm or destruction of property.

(F) Using the Service to harass, threaten, embarrass or cause distress, unwanted attention or discomfort upon another.

(G) Using the Service to make fraudulent offers to sell or buy products, items, or services or to advance any type of financial scam such as "pyramid schemes," "ponzi

schemes," and "chain letters."

(H) Adding, removing or modifying identifying network header information in an effort to deceive or mislead.

(I) Using the Service to transmit any unsolicited commercial email or unsolicited bulk email is prohibited. Activities that have the effect of facilitating unsolicited commercial email or unsolicited bulk email, whether or not that email is commercial in nature, is prohibited.

(J) Using the Service to access, or to attempt to access, the accounts of others, or to penetrate, or attempt to penetrate, security measures of ISP or another entity's computer software or hardware, electronic communications system, or telecommunications system, whether or not the intrusion results in the corruption or loss of data.

(K) Using the Service to transmit any material (by email, uploading, posting, or otherwise) that infringes any copyright, trademark, patent, trade secret, or other proprietary rights of any third party, including, but not limited to, the unauthorized copying of copyrighted material, the digitization and distribution of photographs from magazines, books, or other copyrighted sources, and the unauthorized transmittal of copyrighted software.  Kaplan Telephone Co., Inc. respects the intellectual property rights of third parties. Accordingly, you may not store any material or use Kaplan Telephone Co., Inc.'s systems or servers in any manner that constitutes an infringement of third party intellectual property rights, including under US copyright law. In accordance with the Digital Millennium Copyright Act (DMCA) and other applicable laws, it is the policy of Kaplan Telephone Co., Inc. to suspend or terminate, in appropriate circumstances, the service provided to any subscriber or account holder who is deemed to infringe third party intellectual property rights, including repeat infringers of copyrights. In addition, Kaplan Telephone Co., Inc. expressly reserves the right to suspend, terminate or take other interim action regarding the service of any user or account holder if Kaplan Telephone Co., Inc., in its sole judgment, believes that circumstances relating to an infringement of third party intellectual property rights warrant such action. These policies are in addition to and do not affect or modify any other rights Kaplan Telephone Co., Inc. may have under law or contract. If you believe that copyrighted material has been used in violation of this policy or otherwise been made available on the service in a manner that is not authorized by the copyright owner, its agent or the law, you may contact our Designated Agent as follows:

Howard S. Shapiro

Bennet & Bennet, PLLC

4350 East West Highway

Bethesda, MD 20814

hshapiro@bennetlaw.com

 

(L) Using the Service to collect, or attempt to collect, personal information about third parties without their knowledge or consent.

(M) Using the Service to harm minors in anyway.

(N) Reselling the Service without ISP's authorization.

3. DIAL-UP USAGE. All dial-up accounts under the Service are allowed an unlimited number of sessions; however, these are not dedicated access accounts. Automated means of avoiding disconnections due to inactivity are prohibited. Such automated means include electronic or software auto-dialers, programs that maintain an active connection, pinging the mail server, repetitive e-mail checks and any other means currently available or developed in the future.

4. REVISIONS BY ISP OF THIS AUP. ISP reserves the right to revise, amend, or modify this AUP, our Internet Service Agreement and our other policies at any time and in any manner. All revised copies of the AUP are effective immediately upon posting. In the event of a conflict between any agreement and this AUP, the terms of this AUP will govern. IT IS YOUR RESPONSIBILITY TO REGULARLY REVIEW THIS AUP AS POSTED TO ENSURE THAT YOUR ACTIVITIES CONFORM TO THE MOST RECENT VERSION.

5. Kaplan Telephone Co., Inc. may, but is not required to monitor your compliance, or the compliance of other subscribers, with the  policies of the Internet Service Agreement Terms and Conditions and AUP. You acknowledge that Kaplan Telephone Co., Inc. shall have the right, but not the obligation, to pre-screen, refuse, move or remove any content available on the service, including but not limited to content that violates the law or this Agreement.



KAPLAN TELEPHONE CO., INC. MASS MARKET INTERNET SERVICE POLICIES AND CUSTOMER INFORMATION

General Policy Statement:

The following policies apply to mass market broadband Internet services offered by Kaplan Telephone Co., Inc. Kaplan Telephone Co., Inc. also does business as KTCPace. Kaplan Telephone Co., Inc. also offers enterprise level services that can be individually tailored to customer needs. Information on enterprise services can be obtained by contacting Kaplan@kaplantel.net or calling our business office at 337-643-7171. It is Kaplan Telephone Company, Inc.’s policy to provide robust and reliable access to the Internet for all of its residential and commercial mass market end user customers. Because network resources are shared by all users, Kaplan Telephone Co., Inc. has implemented the following policies to govern mass market Internet service. These policies are designed to: (i) ensure that shared network resources are allocated fairly among all users; (ii) allow users and prospective users to understand service policies and any significant limitations on the service; and (iii) provide a foundation that assures customers that they can rely on consistently receiving the level and quality of service to which they subscribe. Kaplan Telephone Co., Inc. does not block access to, nor discriminate against, any lawful website or Internet application and, with respect to fixed Internet access services, supports the ability of users to select and attach the equipment of their choice to the network so long as that equipment: (i) is used for a lawful purpose consistent with Kaplan Telephone Company, Inc.’s. Acceptable Use Policy; and (ii) does not harm the network or degrade network performance for other users. Customers are encouraged to familiarize themselves with the following policies which are deemed part of their Service Agreement. By using Kaplan Telephone Company, Inc.’s Internet service, the customer accepts, agrees to be bound by and to strictly adhere to, these policies. The customer also agrees to be responsible for compliance with these policies by third parties, such as friends, family members or guests that make use of the customer’s service accounts or equipment to access the network for any purpose, with or without the permission of the customer.

I. ACCEPTABLE USE POLICY

Kaplan Telephone Co., Inc.’s acceptable use policy may be found at http://ktcpace.com/residential-services/Broadband/Internet-Services-Agreement-Terms--Conditions.

II. SYSTEM PERFORMANCE

Kaplan Telephone Co., Inc. provides residential and commercial mass market customers with a choice of data plans to meet their needs. Kaplan Telephone Co., Inc. also provides enterprise level services that are custom tailored to a specific project and individually priced based on the needs and criteria established by the Enterprise customer. Kaplan Telephone Co., Inc. offers the following mass market services and typical speed ranges. These speeds were calculated based upon internal testing.

 SERVICE Download (Mbps)
 Upload (Mbps)
 Copper & Fiber
  
 Bronze 1.5 .512
 Silver
 3 1
 Gold 10 1
 Fiber Only
  
 Platinum 15 5
 Ultra 50 5
   
 Broadband Wireless
  
 Bronze .512 .512
 Silver .768 .512
 Gold 1 .512
 Platinum 1.2 .512
   
 Mobile Data Service
  
 All Plans
 7.2 .512
   
   

While Kaplan Telephone Co., Inc. provisions its network and equipment to ensure that its customers can enjoy the speeds to which they subscribe, Internet speeds generally result from a "best effort” service and are dependent on a number of variables, many of which are outside the control of an Internet Service Provider. Such variables include: the age and processing capability of the user’s terminal device or computer; the number of applications running simultaneously; the presence of viruses or malware; whether the terminal equipment is connected to the network by wire or by wireless; the distance the data packets must travel between the user and the website; the presence of congestion on and technical configuration of any intervening networks; any gating or congestion management schemes employed by websites to limit download or upload speeds in cases where multiple users are served simultaneously. Kaplan Telephone Co., Inc. does not guarantee that a customer will achieve the speeds set forth above at all times. Rather, the foregoing data speeds represent the best information available to Kaplan Telephone Co., Inc. of the typical speeds a customer can expect to experience under normal operating conditions.

Speed tests that allow customers to test the upload, download and latency performance of their broadband data services are available free of charge from a number sources. Generally, these tests are influenced by the same variables that affect Internet speed set forth above. Accordingly, the speed results would not be expected to match a test of Kaplan Telephone Company, Inc’s network conducted under laboratory conditions. Please note, however, that all speed tests use different methodologies to calculate Internet connection speed so each of the tests would be expected to yield different results. Accordingly, each of these tests should be viewed as a helpful guide rather than as a definitive measurement of performance. The following are several sites, unaffiliated with Kaplan Telephone Co., Inc., that provide speed testing:

http://www.speedtest.net

http://netalyzr.icsi.berkeley.edu

http://www.broadband.gov/qualitytest/about/

III. NETWORK MANAGEMENT

Kaplan Telephone Co., Inc. utilizes a fully redundant network architecture that is designed to provide users with true broadband speeds and reliability even during times of peak demand. The network has been constructed to meet projected traffic demands and is fully scalable to allow for capacity to be added to meet customer needs and to support newly developing and increasingly sophisticated applications well into the future. However, congestion can occur on any IP network, and, when it does, packets can be delayed or dropped, leading to service degradation and delays. Because network resources are shared by all end users, Kaplan Telephone Co., Inc. has implemented a traffic management policy designed to ensure that all users are able to utilize their fair share of network resources during periods of high demand.

Kaplan Telephone Co., Inc. employs a protocol agnostic congestion management policy that does not discriminate against particular applications. Users remain free to access the websites of their choice and run the applications of their choice consistent with the AUP. Kaplan Telephone Co., Inc. deploys network management servers and software that constantly monitor aggregate network traffic levels.

Prioritization of packets can be used for other purposes as well, such as to ensure the reliability of applications that demand real time or near real time communications such as public safety communications and, in the context of mobile data services, E-911 communications. Generally provisioned data speeds for Kaplan Telephone Company, Inc’s. mass market services are sufficient to support such applications as Voice over IP (VoIP), gaming, web surfing, or most streaming video. However, because Kaplan Telephone Company, Inc’s residential mass market broadband service generally does not prioritize such traffic; it is possible that certain applications requiring real time communications may perform at less than optimal levels.

Kaplan Telephone Co., Inc. does take measures to protect its network and ensure that its AUP is enforced. For example, Kaplan Telephone Co., Inc. has deployed measures to prevent spam, viruses, and other malware and to monitor and prevent denial of service attacks. Kaplan Telephone Co., Inc. does not generally interfere with or manage the use of specific protocols or ports. Kaplan Telephone Co., Inc. does not block any ports on its network.

Device Attachment/Applications Policy

Kaplan Telephone Co., Inc. provides both fixed and mobile data services. Specific device attachment policies may differ for these service categories.

With respect to fixed broadband services, users may generally attach the devices of their choice and run the applications of their choice, subject to the limitations of their data plan and the terms of their service agreement and AUP. While many devices such as routers, Bluetooth and WiFi cards, laptops, notebooks and tablets are readily available from third party sources, such as consumer electronics retailers, other devices, such as DSL modems, proprietary network gateways, and wireless base stations must be provided by or leased from Kaplan Telephone Co., Inc.. Users are advised to contact Kaplan Telephone Company’s technical support at Kaplan@kaplantel.net before purchasing any third party equipment to ensure compatibility with the network. Kaplan Telephone Co., Inc. is not responsible for the compatibility, suitability or functionality of any equipment that is provided by the customer or any third party, and the customer remains fully responsible for ensuring that any such equipment does not cause any harm to the network or degrade the service of other users.

Mobile handsets are offered as part Kaplan Telephone Company’s, Inc. mobile data service plans. Customers are provided with a variety of handset options and a choice of data plans tailored to their individual needs and circumstances. It may not be possible to use the handsets utilized by one mobile data provider with the services offered by another mobile data provider due to differences in spectrum, data platform and air interface. Kaplan Telephone Co., Inc. does not discriminate against or limit access to lawful third party applications.

All users, fixed and mobile are fully responsible for securing their equipment, including wireless routers, to prevent unauthorized access to the network by third parties and will be held fully responsible for the actions of such third parties that gain unauthorized access to the network through unsecured end user equipment.

IV. COMMERCIAL TERMS

Pricing

The following links reflect pricing for broadband services.

Broadband Wireless

http://www.ktcpace.com/residential-services/Broadband/Broadband-Wireless

Mobile Data Aircards

http://www.ktcpace.com/residential-services/Wireless-Phones-and-Service/Cellular-Service-Rate-Plans/Pace-Wireless-PC-Aircard--Tablets-Plan

Mobile Data Complete Plan:

http://www.ktcpace.com/residential-services/Wireless-Phones-and-Service/Cellular-Service-Rate-Plans/Pace-Complete-Plan

http://www.ktcpace.com/residential-services/Wireless-Phones-and-Service/Texting-and-Data-Plans/Total-Media-Plans-Best-Value

http://www.ktcpace.com/residential-services/Wireless-Phones-and-Service/Texting-and-Data-Plans/Mobile-Media-Network

DSL/Fiber

http://www.ktcpace.com/residential-services/Broadband/DSL

http://www.ktcpace.com/business-services/Broadband/DSL-2

Minimum Terms

a. Your service order indicates whether you have agreed to a minimum service term for your service and, if so, the number of months in the term. YOU WILL BE SUBJECT TO AN EARLY TERMINATION FEE IF YOU CANCEL SERVICES BEFORE THE END OF THE MINIMUM SERVICE TERM (OR IF WE TERMINATE YOUR SERVICE EARLY FOR CAUSE UNDER THE AGREEMENT).

b. If your service plan does not include a minimum service term or, if it does and you reach the end of the minimum service term, your service term will be "month-to-month” and will not be subject to an Early Termination Fee if you cancel your service.

c. If your service term is month-to-month, Kaplan Telephone Co., Inc. can change the price of your service by providing you at least one billing cycle’s notice of the change.

Changing or Canceling Service

a. If you cancel your service, in addition to any applicable Early Termination Fee, you must pay for your use of the service up until the date on which you cancelled, including charges for exceeding any data cap that applied to your account, and applicable taxes.

b. If, during the minimum service term, you decide to change to another Kaplan Telephone Co., Inc. service plan (for example, one with different rates or usage allowances) or to add additional services, such as international roaming, to your plan, then Kaplan Telephone Co., Inc. has the right to restart the minimum service term from the beginning of the change in plan or addition of service.

c. If, during the minimum service term, Kaplan Telephone Co., Inc. changes the terms of your service and the changes are materially disadvantageous to you, you may terminate the service without paying an Early Termination Fee by providing written notice to Kaplan Telephone Co., Inc. within 10 working days of the effective date of the change.

Payment Terms

a. You agree to pay an initiation fee and a monthly recurring charge for the Service. You agree to pay all applicable federal, state and local fees or taxes.

b. Provider reserves the right to change the amount of fees and charges from time to time at its discretion and upon reasonable notice to you.

c. Initiation fees are due at the initiation of the Service. Monthly charges are payable in advance. Failure to pay all bills within 30 days of billing will cause disconnection and/or imposition of a LATE PAYMENT CHARGE at a rate of one and one-half percent (1˝ %) per month for any outstanding fees or portions thereof not paid as provided herein. Provider may charge a reasonable service fee for all returned checks and bank card or charge card charge backs.

d. If you discontinue the Service or are disconnected, you agree to pay a reconnect charge before reconnection.

e. You will be responsible for all expenses (including reasonable attorney's fees) incurred by Provider in collecting any unpaid amounts due in accordance with this Agreement.

V. PRIVACY POLICIES

We collect information about your use of our products and services. Information may include call records, websites visited, wireless location, application and feature usage, network traffic data, service options you choose, mobile and device number, and other similar information may be used for billing purposes, to deliver and maintain products and services, or to help you with service-related issues or questions. In addition, subject to any legal restrictions that may apply, this information may be used for other purposes such as providing you with information about product or service enhancements, determining your eligibility for new products and services, and marketing to you based on your use of your products and services. This information may also be used to: (1) manage and protect our networks, services and users from fraudulent, abusive, or unlawful uses and (2) subject to consent practices described in this policy, help us improve our services, research and develop new products, and offer promotions and other services. This type of information may be aggregated for business and marketing uses by us or by third parties.

If you subscribe to Kaplan Telephone Co., Inc. Internet access services, we may automatically measure and monitor network performance and the performance of your Internet connection to improve your, or our, overall service levels. If you contact us for service support, we also may access information about your computer, wireless device or other device settings to provide customized technical support or to install specific applications or services that you use or that are necessary to the applications or services you use.

Kaplan Telephone Co., Inc. will not gather information from your use of our Internet access services to direct customized advertising specifically to you based on your visits over time and across different non-Kaplan Telephone Co., Inc. websites, unless we first provide you with notice of our plan and obtain your affirmative consent.

Please note that Kaplan Telephone Co., Inc. is not responsible for information, content, applications or services provided by others. Before you access, use, link to or download a service or application on your computer or wireless device, you should review the associated terms of service and privacy policy. Personal information you submit in those contexts may be read, collected or used by the service or application provider and others associated with these forums in a manner different from that described here.

Information Provided to Us by Third Parties

When you purchase products or apply for service with us, we may obtain credit information about you from outside credit reporting agencies to help us with customer authentication and credit-related decisions.

Kaplan Telephone Co., Inc. obtains information from outside companies that collect consumer information such as demographic and interest data. We use this data and combine it with other information we have about you to help us predict customer preferences and to direct marketing offers that might be more relevant to you.

We may also obtain contact information and other marketing lead information from third parties, and may combine it with information we have to contact you or direct Kaplan Telephone Co., Inc.'s marketing offers to you.

Cookies:

A cookie is a small data string that is written on your computer hard drive by a web server. (A web server is the computer that hosts a website and responds to requests received from your computer). Cookies can play an important role in providing a good customer experience using the web, such as enabling a website to maintain information when a user's web browser requests a series of web pages.

Cookies generally hold information, including data strings that contain a unique user ID which allow websites, including Kaplan Telephone Co., Inc. websites, to customize your experiences on the sites and gather information about your navigation of the sites. Information gathered from cookies also helps us understand how our sites are performing and provides website usage information to support customizing and improving our sites and their messaging and advertisements. We also use cookies to help verify the identity of a website user or to recognize you as a registered user and remember your settings and preferences.

You can manage cookies by using features and functions available on most Internet browsers. For example, most browsers will allow you to choose what cookies can be placed on your computer and to delete or disable cookies. You can find instructions for managing cookie controls on websites for particular browsers. Please note that disabling cookies may prevent you from using specific features on our sites and other websites, such as ordering products or services and maintaining an online account.

Cookies associated with your Flash Player may be removed by managing your settings with Adobe by visiting: http://www.adobe.com/products/flashplayer/security/.

Additional Information for Mobile Wireless Customers

Kaplan Telephone Co., Inc. collects and uses mobile device location data for a variety of purposes, including providing our mobile voice and data services and emergency services such as E-911.

Many types of wireless applications and services use mobile device location data, including applications provided by other companies and wireless device operating systems. When you are considering new applications or services, you should carefully review the location-based services' or application providers' privacy policies to learn how they collect and use your information.

Customers can resolve end user complaints and questions by calling our business office at 337-643-7171 or by sending an inquiry to Kaplan@kaplantel.net or Kaplan Telephone Co., Inc.; P. O. Box 369; Kaplan, Louisiana 70548. Edge providers may use the same contact information.


LOUISIANA COMPETITIVE TELECOMMUNICATIONS, INC. MASS MARKET INTERNET SERVICE POLICIES AND CUSTOMER INFORMATION

General Policy Statement:

The following policies apply to mass market broadband Internet services offered by Louisiana Competitive Telecommunications, Inc. Louisiana Competitive Telecommunications, Inc. also does business as KTC Telecom. Louisiana Competitive Telecommunications, Inc. also offers enterprise level services that can be individually tailored to customer needs. Information on enterprise services can be obtained by contacting Kaplan@kaplantel.net or calling our business office at 337-740-3636. It is Louisiana Competitive Telecommunications, Inc.’s policy to provide robust and reliable access to the Internet for all of its residential and commercial mass market end user customers. Because network resources are shared by all users, Louisiana Competitive Telecommunications, Inc. has implemented the following policies to govern mass market Internet service. These policies are designed to: (i) ensure that shared network resources are allocated fairly among all users; (ii) allow users and prospective users to understand service policies and any significant limitations on the service; and (iii) provide a foundation that assures customers that they can rely on consistently receiving the level and quality of service to which they subscribe. Louisiana Competitive Telecommunications, Inc. does not block access to, nor discriminate against, any lawful website or Internet application and, with respect to fixed Internet access services, supports the ability of users to select and attach the equipment of their choice to the network so long as that equipment: (i) is used for a lawful purpose consistent with Louisiana Competitive Telecommunications, Inc.’s. Acceptable Use Policy; and (ii) does not harm the network or degrade network performance for other users. Customers are encouraged to familiarize themselves with the following policies which are deemed part of their Service Agreement. By using Louisiana Competitive Telecommunications, Inc.’s Internet service, the customer accepts, agrees to be bound by and to strictly adhere to, these policies. The customer also agrees to be responsible for compliance with these policies by third parties, such as friends, family members or guests that make use of the customer’s service accounts or equipment to access the network for any purpose, with or without the permission of the customer.

I. ACCEPTABLE USE POLICY

Louisiana Competitive Telecommunications, Inc.’s acceptable use policy may be found at http://ktcpace.com/residential-services/Broadband/Internet-Services-Agreement-Terms--Conditions.

II. SYSTEM PERFORMANCE

Louisiana Competitive Telecommunications, Inc. provides residential and commercial mass market customers with a choice of data plans to meet their needs. Louisiana Competitive Telecommunications, Inc. also provides enterprise level services that are custom tailored to a specific project and individually priced based on the needs and criteria established by the Enterprise customer. Louisiana Competitive Telecommunications, Inc. offers the following mass market services and typical speed ranges. These speeds were calculated based upon internal testing.

 SERVICE Download (Mbps)
 Upload (Mbps)
 Copper & Fiber
  
 Bronze 1.5 .512
 Silver 3 1
 Gold 10 1
 Fiber Only
  
 Platinum 15 5
 Ultra 50 5
   
 Broadband Wireless
  
 Bronze .512 .512
 Silver .768 .512
 Gold 1 .512
 Platinum 1.2 .512
   
 Mobile Data Service
  
 All Plans
 7.2 .512
   
   

While Louisiana Competitive Telecommunications, Inc. provisions its network and equipment to ensure that its customers can enjoy the speeds to which they subscribe, Internet speeds generally result from a "best effort” service and are dependent on a number of variables, many of which are outside the control of an Internet Service Provider. Such variables include: the age and processing capability of the user’s terminal device or computer; the number of applications running simultaneously; the presence of viruses or malware; whether the terminal equipment is connected to the network by wire or by wireless; the distance the data packets must travel between the user and the website; the presence of congestion on and technical configuration of any intervening networks; any gating or congestion management schemes employed by websites to limit download or upload speeds in cases where multiple users are served simultaneously. Louisiana Competitive Telecommunications, Inc. does not guarantee that a customer will achieve the speeds set forth above at all times. Rather, the foregoing data speeds represent the best information available to Louisiana Competitive Telecommunications, Inc. of the typical speeds a customer can expect to experience under normal operating conditions.

Speed tests that allow customers to test the upload, download and latency performance of their broadband data services are available free of charge from a number sources. Generally, these tests are influenced by the same variables that affect Internet speed set forth above. Accordingly, the speed results would not be expected to match a test of Louisiana Competitive Telecommunications, Inc.’s network conducted under laboratory conditions. Please note, however, that all speed tests use different methodologies to calculate Internet connection speed so each of the tests would be expected to yield different results. Accordingly, each of these tests should be viewed as a helpful guide rather than as a definitive measurement of performance. The following are several sites, unaffiliated with Louisiana Competitive Telecommunications, Inc., that provide speed testing:

http://www.speedtest.net

http://netalyzr.icsi.berkeley.edu

http://www.broadband.gov/qualitytest/about/

III. NETWORK MANAGEMENT

Louisiana Competitive Telecommunications, Inc. utilizes a fully redundant network architecture that is designed to provide users with true broadband speeds and reliability even during times of peak demand. The network has been constructed to meet projected traffic demands and is fully scalable to allow for capacity to be added to meet customer needs and to support newly developing and increasingly sophisticated applications well into the future. However, congestion can occur on any IP network, and, when it does, packets can be delayed or dropped, leading to service degradation and delays. Because network resources are shared by all end users, Louisiana Competitive Telecommunications, Inc. has implemented a traffic management policy designed to ensure that all users are able to utilize their fair share of network resources during periods of high demand.

Louisiana Competitive Telecommunications, Inc. employs a protocol agnostic congestion management policy that does not discriminate against particular applications. Users remain free to access the websites of their choice and run the applications of their choice consistent with the AUP. Louisiana Competitive Telecommunications, Inc. deploys network management servers and software that constantly monitor aggregate network traffic levels.

Prioritization of packets can be used for other purposes as well, such as to ensure the reliability of applications that demand real time or near real time communications such as public safety communications and, in the context of mobile data services, E-911 communications. Generally provisioned data speeds for Louisiana Competitive Telecommunications, Inc.’s mass market services are sufficient to support such applications as Voice over IP (VoIP), gaming, web surfing, or most streaming video. However, because Louisiana Competitive Telecommunications, Inc.’s residential mass market broadband service generally does not prioritize such traffic; it is possible that certain applications requiring real time communications may perform at less than optimal levels.

Louisiana Competitive Telecommunications, Inc. does take measures to protect its network and ensure that its AUP is enforced. For example, Louisiana Competitive Telecommunications, Inc. has deployed measures to prevent spam, viruses, and other malware and to monitor and prevent denial of service attacks. Louisiana Competitive Telecommunications, Inc. does not generally interfere with or manage the use of specific protocols or ports. Louisiana Competitive Telecommunications, Inc. does not block any ports on its network.

Device Attachment/Applications Policy

Louisiana Competitive Telecommunications, Inc. provides both fixed and mobile data services. Specific device attachment policies may differ for these service categories.

With respect to fixed broadband services, users may generally attach the devices of their choice and run the applications of their choice, subject to the limitations of their data plan and the terms of their service agreement and AUP. While many devices such as routers, Bluetooth and WiFi cards, laptops, notebooks and tablets are readily available from third party sources, such as consumer electronics retailers, other devices, such as DSL modems, proprietary network gateways, and wireless base stations must be provided by or leased from Louisiana Competitive Telecommunications, Inc.. Users are advised to contact Louisiana Competiive Telecommunications, Inc.’s technical support at Kaplan@kaplantel.net before purchasing any third party equipment to ensure compatibility with the network. Louisiana Competitive Telecommunications, Inc. is not responsible for the compatibility, suitability or functionality of any equipment that is provided by the customer or any third party, and the customer remains fully responsible for ensuring that any such equipment does not cause any harm to the network or degrade the service of other users.

Mobile handsets are offered as part Louisiana Competitive Telecommunications, Inc.’s mobile data service plans. Customers are provided with a variety of handset options and a choice of data plans tailored to their individual needs and circumstances. It may not be possible to use the handsets utilized by one mobile data provider with the services offered by another mobile data provider due to differences in spectrum, data platform and air interface. Louisiana Competitive Telecommunications, Inc. does not discriminate against or limit access to lawful third party applications.

All users, fixed and mobile are fully responsible for securing their equipment, including wireless routers, to prevent unauthorized access to the network by third parties and will be held fully responsible for the actions of such third parties that gain unauthorized access to the network through unsecured end user equipment.

IV. COMMERCIAL TERMS

Pricing

The following links reflect pricing for broadband services.

Broadband Wireless

http://www.ktcpace.com/residential-services/Broadband/Broadband-Wireless

Mobile Data Aircards

http://www.ktcpace.com/residential-services/Wireless-Phones-and-Service/Cellular-Service-Rate-Plans/Pace-Wireless-PC-Aircard--Tablets-Plan

Mobile Data Complete Plan:

http://www.ktcpace.com/residential-services/Wireless-Phones-and-Service/Cellular-Service-Rate-Plans/Pace-Complete-Plan

http://www.ktcpace.com/residential-services/Wireless-Phones-and-Service/Texting-and-Data-Plans/Total-Media-Plans-Best-Value

http://www.ktcpace.com/residential-services/Wireless-Phones-and-Service/Texting-and-Data-Plans/Mobile-Media-Network

DSL/Fiber

http://www.ktcpace.com/residential-services/Broadband/DSL

http://www.ktcpace.com/business-services/Broadband/DSL-2

Minimum Terms

a. Your service order indicates whether you have agreed to a minimum service term for your service and, if so, the number of months in the term. YOU WILL BE SUBJECT TO AN EARLY TERMINATION FEE IF YOU CANCEL SERVICES BEFORE THE END OF THE MINIMUM SERVICE TERM (OR IF WE TERMINATE YOUR SERVICE EARLY FOR CAUSE UNDER THE AGREEMENT).

b. If your service plan does not include a minimum service term or, if it does and you reach the end of the minimum service term, your service term will be "month-to-month” and will not be subject to an Early Termination Fee if you cancel your service.

c. If your service term is month-to-month, Louisiana Competitive Telecommunications, Inc. can change the price of your service by providing you at least one billing cycle’s notice of the change.

Changing or Canceling Service

a. If you cancel your service, in addition to any applicable Early Termination Fee, you must pay for your use of the service up until the date on which you cancelled, including charges for exceeding any data cap that applied to your account, and applicable taxes.

b. If, during the minimum service term, you decide to change to another Louisiana Competitive Telecommunications, Inc. service plan (for example, one with different rates or usage allowances) or to add additional services, such as international roaming, to your plan, then Louisiana Competitive Telecommunications, Inc. has the right to restart the minimum service term from the beginning of the change in plan or addition of service.

c. If, during the minimum service term, Louisiana Competitive Telecommunications, Inc. changes the terms of your service and the changes are materially disadvantageous to you, you may terminate the service without paying an Early Termination Fee by providing written notice to Louisiana Competitive Telecommunications, Inc. within 10 working days of the effective date of the change.

Payment Terms

a. You agree to pay an initiation fee and a monthly recurring charge for the Service. You agree to pay all applicable federal, state and local fees or taxes.

b. Provider reserves the right to change the amount of fees and charges from time to time at its discretion and upon reasonable notice to you.

c. Initiation fees are due at the initiation of the Service. Monthly charges are payable in advance. Failure to pay all bills within 30 days of billing will cause disconnection and/or imposition of a LATE PAYMENT CHARGE at a rate of one and one-half percent (1˝ %) per month for any outstanding fees or portions thereof not paid as provided herein. Provider may charge a reasonable service fee for all returned checks and bank card or charge card charge backs.

d. If you discontinue the Service or are disconnected, you agree to pay a reconnect charge before reconnection.

e. You will be responsible for all expenses (including reasonable attorney's fees) incurred by Provider in collecting any unpaid amounts due in accordance with this Agreement.

V. PRIVACY POLICIES

We collect information about your use of our products and services. Information may include call records, websites visited, wireless location, application and feature usage, network traffic data, service options you choose, mobile and device number, and other similar information may be used for billing purposes, to deliver and maintain products and services, or to help you with service-related issues or questions. In addition, subject to any legal restrictions that may apply, this information may be used for other purposes such as providing you with information about product or service enhancements, determining your eligibility for new products and services, and marketing to you based on your use of your products and services. This information may also be used to: (1) manage and protect our networks, services and users from fraudulent, abusive, or unlawful uses and (2) subject to consent practices described in this policy, help us improve our services, research and develop new products, and offer promotions and other services. This type of information may be aggregated for business and marketing uses by us or by third parties.

If you subscribe to Louisiana Competitive Telecommunications, Inc. Internet access services, we may automatically measure and monitor network performance and the performance of your Internet connection to improve your, or our, overall service levels. If you contact us for service support, we also may access information about your computer, wireless device or other device settings to provide customized technical support or to install specific applications or services that you use or that are necessary to the applications or services you use.

Louisiana Competitive Telecommunications, Inc. will not gather information from your use of our Internet access services to direct customized advertising specifically to you based on your visits over time and across different non-Louisiana Competitive Telecommunications, Inc. websites, unless we first provide you with notice of our plan and obtain your affirmative consent.

Please note that Louisiana Competitive Telecommunications, Inc. is not responsible for information, content, applications or services provided by others. Before you access, use, link to or download a service or application on your computer or wireless device, you should review the associated terms of service and privacy policy. Personal information you submit in those contexts may be read, collected or used by the service or application provider and others associated with these forums in a manner different from that described here.

Information Provided to Us by Third Parties

When you purchase products or apply for service with us, we may obtain credit information about you from outside credit reporting agencies to help us with customer authentication and credit-related decisions.

Louisiana Competitive Telecommunications, Inc. obtains information from outside companies that collect consumer information such as demographic and interest data. We use this data and combine it with other information we have about you to help us predict customer preferences and to direct marketing offers that might be more relevant to you.

We may also obtain contact information and other marketing lead information from third parties, and may combine it with information we have to contact you or direct Louisiana Competitive Telecommunications, Inc.'s marketing offers to you.

Cookies:

A cookie is a small data string that is written on your computer hard drive by a web server. (A web server is the computer that hosts a website and responds to requests received from your computer). Cookies can play an important role in providing a good customer experience using the web, such as enabling a website to maintain information when a user's web browser requests a series of web pages.

Cookies generally hold information, including data strings that contain a unique user ID which allow websites, including Louisiana Competitive Telecommunications, Inc. websites, to customize your experiences on the sites and gather information about your navigation of the sites. Information gathered from cookies also helps us understand how our sites are performing and provides website usage information to support customizing and improving our sites and their messaging and advertisements. We also use cookies to help verify the identity of a website user or to recognize you as a registered user and remember your settings and preferences.

You can manage cookies by using features and functions available on most Internet browsers. For example, most browsers will allow you to choose what cookies can be placed on your computer and to delete or disable cookies. You can find instructions for managing cookie controls on websites for particular browsers. Please note that disabling cookies may prevent you from using specific features on our sites and other websites, such as ordering products or services and maintaining an online account.

Cookies associated with your Flash Player may be removed by managing your settings with Adobe by visiting: http://www.adobe.com/products/flashplayer/security/.

Additional Information for Mobile Wireless Customers

Louisiana Competitive Telecommunications, Inc. collects and uses mobile device location data for a variety of purposes, including providing our mobile voice and data services and emergency services such as E-911.

Many types of wireless applications and services use mobile device location data, including applications provided by other companies and wireless device operating systems. When you are considering new applications or services, you should carefully review the location-based services' or application providers' privacy policies to learn how they collect and use your information.

Customers can resolve end user complaints and questions by calling our business office at 337-740-3636 or by sending an inquiry to Kaplan@kaplantel.net or Louisiana Competitive Telecommunications, Inc.; 110 North Irving Avenue; Kaplan, Louisiana 70548. Edge providers may use the same contact information.



   

 

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