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 (1½ %) 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 (1½ %) 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.