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Nondiscrimination Statement.

Direct Communications is the recipient of Federal financial assistance from the Rural Electrification Administration, an agency of the U.S. Department of Agriculture (USDA).

In accordance with Federal law and the USDA’s policy, Direct Communications is prohibited from discriminating on the basis of race, color, national origin, religion, sex, gender identity (including gender expression), sexual orientation, disability, age, marital status, family/parental status, income derived from a public assistance program, political beliefs, or reprisal or retaliation for prior civil rights activity, in any program or activity conducted or funded by the USDA (not all prohibited bases apply to all programs). Remedies and complaint filing deadlines vary by program and incident.

Persons with disabilities who require alternative means of communication for program information (e.g., Braille, large print, audiotape, American Sign Language, etc.) should contact the Direct Communications or USDA’s TARGET Center at (202)720-2600 (voice or TTY) or contact USDA through the Federal Relay Service at (800)877-8339.  Additionally, program information may be made available in languages other than English.

To file a discrimination complaint, complete the USDA Program Discrimination complaint Form, AD-3027, found online at http://www.ascr.usda.gov/complaint_filing_cust.html and at any USDA office or write a letter addressed to USDA and provide in the letter all the information requested in the form.  To request a copy of the complaint form, call (866) 632-9992.  Submit your completed form or letter to USDA by:

  • Mail: S. Department of Agriculture

Office of Assistant Secretary for Civil Rights

1400 Independence Ave. SW

Washington, DC 20250-9410;

  • fax: (202) 690-7442; or

USDA is an equal opportunity provider, employer, and lender.

USDA Nondiscrimination Statement.

In accordance with Federal civil rights law and U.S. Department of Agriculture (USDA) civil rights regulations and policies, the USDA, its Agencies, offices, and employees, and institutions participating in or administering USDA programs are prohibited from discriminating based on race, color, national origin, religion, sex, gender identity (including gender expression), sexual orientation, disability, age, marital status, family/parental status, income derived from a public assistance program, political beliefs, or reprisal or retaliation for prior civil rights activity, in any program or activity conducted or funded by USDA (not all bases apply to all programs).  Remedies and complaint filing deadlines vary by program or incident.

Persons with disabilities who require alternative means of communication for program information (e.g., Braille, large print, audiotape, American Sign Language, etc.) should contact the responsible Agency or USDA’s TARGET Center at (202) 720-2600 (voice and TTY) or contact USDA through the Federal Relay Service at (800) 877-8339.  Additionally, program information may be made available in languages other than English.

To file a program discrimination complaint, complete the USDA Program Discrimination Complaint Form, AD-3027, found online at http://www.ascr.usda.gov/complaint_filing_cust.html and at any USDA office or write a letter addressed to USDA and provide in the letter all of the information  requested in the form.  To request a copy of the complaint form, call

(866) 632-9992.  Submit your completed form or letter to USDA by:

 

(1)    mail: U.S. Department of Agriculture

Office of the Assistant Secretary for Civil Rights

1400 Independence Avenue, SW

Washington, D.C. 20250-9410;

(2)    fax: (202) 690-7442; or

(3)    email: program.intake@usda.gov.

USDA is an equal opportunity provider, employer, and lender.

 

Direct Communications Internet Acceptable Use Policy

 

Please read this document carefully before accessing Direct Communications Direct Internet’s (DCDI) network and systems. By using any DCDI’s service you agree to be bound by the terms and conditions below. If you do not wish to be bound by these terms and conditions, you may not access DCDI’s network or systems.

 

Purpose

This document constitutes the Acceptable Use Policy of DCDI.

This document describes the guidelines that DCDI uses in providing services to its customers and the rules to which DCDI’s customers must adhere in order to continue to enjoy and allow others to enjoy optimum use of DCDI’s services via its network and systems.

Application

This policy is applicable to all DCDI customers. A breach of any of the terms and conditions of this policy by any DCDI customer is strictly prohibited and may lead to the suspension or termination of the customer’s service, without notice.

All DCDI customers must take responsibility for distribution, publication and enforcement of the DCDI Acceptable Use Policy at their sites.

General Usage

Responsible Usage

You must take responsibility for your actions on the network and systems you access through DCDI. You must comply with rules, regulations and acceptable usage policies that are in force for each system you access. If you act recklessly or irresponsibly or your actions endanger DCDI’s network or systems, your access may be suspended or terminated at any time, without notice.

Resource Usage

DCDI requires you to act responsibly when consuming resources on DCDI’s network and systems. If you unreasonably consume excess resources on DCDI’s network and systems, your access may be suspended or terminated at any time, without notice.

Secure Usage

DCDI requires you to take responsibility for maintaining the security of your DCDI service. Protection of the security aspects of your service, like accounts and passwords, are your responsibility. Subsequent usage of your service by a third party will result in you being responsible for the charges incurred.

Unlawful or Unauthorized Usage

General

DCDI’s services may only be used for lawful and authorized purposes. Storage, transmission or distribution of any material in violation of Commonwealth or State legislation is prohibited. This includes copyright material, material legally judged as threatening or obscene, or material protected by trade secret.

Unauthorized Usage

Any attempt to access or modify unauthorized computer system information or to interfere with normal system operations, whether on the equipment of DCDI or any computer system or network that is accessed by our services, may result in the suspension or termination of your access. Unauthorized activities include, but are not limited to, guessing or using passwords other than your own, accessing information that does not have public permission, and accessing any system on which you are not welcome.

Any attempt to disrupt or interfere with users, services or equipment, may result in the termination or suspension of your access. Disruptions include, but are not limited to, distribution of unsolicited advertising or spamming, monopolization of services, propagation of, or transmission of information or software which contains computer worms, trojan horses, virii or other harmful components, using the network to make unauthorized entry to any other machine accessible via DCDI, sending harassing or threatening e-mail, and forgery or attempted forgery of e-mail messages and Usenet news postings.

You will be held liable for, and indemnify DCDI for, all costs and damages, attributable to your unauthorized activities or disruptions.

Illegal or Fraudulent Usage

You must not use, or allow any other person to use, the DCDI’s network and systems for any activities of an illegal or fraudulent nature, including any activities prohibited under the Telecommunications Act 1989 (Cth), the Crimes Act 1958 (Vic) or under other applicable state and/or Commonwealth Laws.

Copyright

It is your responsibility not to store on a DCDI system, transfer or cause to be transferred over the DCDI network, reproduce or make available for distribution through the DCDI network, any data where the storage, reproduction, transfer, or distribution of, that data is in contravention of the Copyright Act 1968.

Content

DCDI does not and cannot monitor or control the content and information accessed via DCDI; DCDI only provides access. DCDI shall not be held responsible in any way for the content of the information accessed via DCDI or offered for public access via DCDI. It is you and/or your users and customers’ responsibility to avoid whatever is found to be offensive or obscene on any system. You and/or your users and customers must take responsibility for the material placed on DCDI’s network and systems, and the statements made in mediums including, but not limited to, web pages, e-mail, chat or discussion forums and Usenet news. Content providers must clearly identify material unsuitable for minors and refrain from contributing prohibited material, including, but not limited to, material deemed obscene under the Classifications (Publications, Films and Computer Games) Act 1995 (Vic). Failure to comply with relevant legislation by you or your users and customers may lead to suspension or termination of your access.

Investigation by Authorities

DCDI reserves the right to act in any appropriate manner, where there are reasonable grounds for suspecting that illegal or unacceptable usage of the DCDI’s network and systems is occurring. DCDI co-operates fully with Commonwealth and State Police and other bodies investigating unlawful behavior on or via its network or systems.

DCDI reserves the right to suspend your access if your usage of its network or systems is subject to any investigation.

Complaints

To report a violation of DCDI’s Acceptable Use Policy, please send details, including any documentation, article or e-mail to info@directcom.com

General

DCDI reserves the right to suspend or terminate your service without refund should you or your customers breach, or assist, abet, encourage or incite another party to breach any of the above terms, conditions, rules, regulations or laws.

Disclaimer of Liability

DCDI disclaims all liability for, and does not accept any responsibility for, anything that may happen to you or your equipment, or any loss incurred by you through use of DCDI, the use of any of the services provided by DCDI, or the suspension or termination of your service by DCDI. This disclaimer of liability does not supersede or replace any other obligation expressly provided in any DCDI Service Agreement.

NETWORK NEUTRALITY
NETWORK MANAGEMENT POLICY
In this document, the terms “you” and “your” refer to customers of Direct Communications’ Internet Access Service. The terms “we” and “our” refer to Direct Communications and Direct Communications’ Internet Access Service.

Definitions
Service – Internet access purchased from DIRECT COMMUNICATIONS. This includes connectivity from your equipment at your premises to the Internet equipment at DIRECT COMMUNICATIONS’s office, connection of DIRECT COMMUNICATIONS’s equipment to the Internet, and DIRECT COMMUNICATIONS’s equipment that is used to route and manage your traffic to and from the Internet and to provide you with services such as e-mail, web surfing, file transfer, Internet video, and others
Bandwidth – The amount of data per second. This may be thought of as the “pipe” that carries Internet traffic.
Bandwidth capacity is the amount of bandwidth that we or another network provider makes available for your use, such as the amount of data that can be sent over a wire or fiber optic system.
Bandwidth demand is the amount of bandwidth that a customer wants to use.
Congestion – A situation where the total bandwidth demand (in bits of information per second) on a component of the Internet, including on any part of our network, exceeds the bandwidth capacity of that component to such an extent that traffic flow and service experiences degradation. Congestion is usually of a transitory nature, however, in some cases, such as an extremely popular website, it may last for a significant period.
Degradation of Service – Less than optimal performance of Internet services. This may appear to you as slow response on web sites and e-mail or distorted or frozen video.
Nominal Bandwidth – The bandwidth of the service package you purchase. This is your maximum allowed bandwidth.

Terms of Service and Network Management Practices
The bandwidth you purchase (your service package or nominal bandwidth) is the MAXIMUM bandwidth available to you. It is not a guaranteed bandwidth. DIRECT COMMUNICATIONS will make its best effort to transmit your data in a timely fashion, however, DIRECT COMMUNICATIONS does not guarantee you that you will be able to use your entire nominal bandwidth at any given time. This is referred to as “best effort” service.
DIRECT COMMUNICATIONS strives to make your total nominal bandwidth available for you to use within our network. DIRECT COMMUNICATIONS cannot control bandwidth available, congestion, or service quality on those parts of the Internet beyond our network.
When other customers use our network, you may not be able to use your maximum nominal bandwidth because all customers share total bandwidth capacity at some points on our network and on the Internet. If the bandwidth demand of all customers at that network location exceeds the bandwidth capacity provided, you may not be able to use your entire nominal bandwidth. All services are “shared services” used by many customers.
We size our Internet services by the bandwidth of all our customers, including your service, based on best-of-breed engineering practices. Service is provided equally to all customers, and every customer’s data has an equal chance to be served.
On a downstream basis (Internet to customer), service is provided equally to all customers, Internet services, protocols, and sources or destinations on the Internet such as websites, e-mail servers, etc.
Due to limited bandwidth capacity on an upstream basis (customer to Internet), service is provided equally to all customers, protocols, and sources or destinations on the Internet such as websites, e-mail servers, etc. except that service types are prioritized to provide the best service possible to all customers. We prioritize services with streaming video being the highest priority, then web browsing, then all other services. Service is not prioritized by customer or source or destination on the Internet. No services, protocols, or legal sources and destinations on the Internet are blocked under any circumstances. Any effects on service may only be noticeable in times of significant congestion.
DIRECT COMMUNICATIONS may block any service, protocol, source, or destination that DIRECT COMMUNICATIONS determines to be illegal or a threat to life, property, or national security, or if ordered to block or otherwise modify your data by law enforcement agencies.
At this time, DIRECT COMMUNICATIONS does not implement network management techniques when congestion occurs, however, in times of congestion on DIRECT COMMUNICATIONS’s network, DIRECT COMMUNICATIONS may, at its sole discretion, implement reasonable network management techniques to protect the services of all of DIRECT COMMUNICATIONS’s customers so that each customer has adequate service quality. DIRECT COMMUNICATIONS will not implement network management if degradation of service is caused by congestion on portions of the Internet outside of DIRECT COMMUNICATIONS’s network. DIRECT COMMUNICATIONS will notify our customers on this website of changes to our network management policy.

Devices & Software that may be Attached to DIRECT COMMUNICATIONS’s Internet Access Service
There are no restrictions on types of devices you may connect to DIRECT COMMUNICATIONS’s network other than that they must be approved by the Federal Communications Commission (FCC) for use in the US telecommunications network.  You may not connect any equipment to DIRECT COMMUNICATIONS’s network that is not approved by the FCC.  Most commercially available equipment such as modems, routers, and PCs are approved.  All equipment approved by the FCC will have a label stating that it is approved and what the type of the approval is.  This information is also found in the user’s manual or printed instructions that are provided with the equipment and may be found online at the manufacturer’s website.  You should read this label whenever you buy any equipment you wish to connect to DIRECT COMMUNICATIONS’s network.  If you have questions about any particular equipment, please call us at 208 548 2345.
DIRECT COMMUNICATIONS’s Internet access service is designed to function with accepted industry standard interface software such as provided by Microsoft, Apple, and others.  If you use a type of software not widely used in the worldwide Internet, you may experience some problems with compatibility between your software and DIRECT COMMUNICATIONS’s Internet access service.  If you have any questions, please call us on 208 548 2345, and we will try to help you resolve this problem.  It is the customer’s responsibility to assure that their software and operating interfaces conform to industry accepted specifications.

Network Security
DIRECT COMMUNICATIONS uses the latest industry-best-practices to maintain integrity and security of its network. This may include security protections that interfere with some types of customer traffic. If you believe your services are being disrupted by our security systems, please contact us on 208 548 2345.
DIRECT COMMUNICATIONS provides a level of protection for your computers from spam, viruses, and other malicious or unwanted items.  While DIRECT COMMUNICATIONS strives to provide the best protection possible for your computer, we make no guarantees that we can prevent all malicious or unwanted items from accessing your computer.  It is the customer’s responsibility to protect their computers and other devices from unwanted or harmful items.  It is very strongly recommended that you provide your own virus and malware protection, spam filtering, and firewall software, solutions are available on the DIRECT COMMUNICATIONS website.
There are additional considerations regarding Internet security related to DIRECT COMMUNICATIONS’s Internet access service.  Call our office at 208 548 2345 for a copy of our Acceptable Use Policy.

Services DIRECT COMMUNICATIONS Offers
DIRECT COMMUNICATIONS offers the following Internet access services. Pricing may be found at http://www.directcom.com/eaglemtn The bandwidths listed are the maximum bandwidth of the service. You will not be provided additional bandwidth above what you purchased, even for short periods of time. You are not permitted to “burst” traffic above your purchased bandwidth.
Fiber Broadband

Maximum Downstream Bandwidth Maximum Upstream Bandwidth
1 Gigabit per second 100 Mbps

*Not all services available in all locations.
DSL Broadband

Maximum Downstream Bandwidth Maximum Upstream Bandwidth
25 Mbps 3 Mbps

Use of DIRECT COMMUNICATIONS’s Services for Real-Time Applications such as Streaming Video
The Best Effort services above may be suitable for real-time applications if the customer has purchased adequate bandwidth for that service. Disruption during times of congestion, if any, which you experience will be minimized if you purchase adequate bandwidth for the services you wish to use. However, since there are occasionally conditions of extreme congestion at various points in the Internet, including DIRECT COMMUNICATIONS’s network, DIRECT COMMUNICATIONS does not guarantee that your service will never be degraded.
Note that bandwidth requirements will differ by real-time application. For example, video such as that offered by various services such as YouTube may require somewhat less total bandwidth than entertainment quality streaming video. Bandwidth requirements may also differ among providers.

Privacy of Customer Information
DIRECT COMMUNICATIONS inspects packets of data you send or receive over our network to allow us to route and, where applicable, prioritize data. We inspect only the packet headers which tell us where to send your data and the type of data it is, i.e.: web surf, video, file transfer, etc.
DIRECT COMMUNICATIONS does not examine the content of your data, i.e.: the data which you send or receive, such as the messages from and to e-mail addresses of your e-mail, which web sites you visit, the sources of your video, or the contents of files you send or receive.
DIRECT COMMUNICATIONS does not store your data, or sell or reveal it to any third parties.
DIRECT COMMUNICATIONS may provide any of your data, both on an active, real time basis and stored data such as your billing records, to law enforcement under appropriate legal orders if law enforcement requests your information in matters dealing with illegal acts or a threat to life, property, or national security.

Contact Us
If you have questions or comments regarding our network management policies or practices, please contact us at 801 789 2800 or info@directcom.com.

Annual Notice To Customers Of National Do-Not-Call Registry Rights

Customers may reduce the number of unwanted and uninvited calls to their homes from telemarketers by registering their residential and/or wireless telephone numbers for free on the National Do-Not-Call List enforced by the Federal Communications Commission and the Federal Trade Commission.  This List is nationwide in scope, applies to all telemarketers (with the exception of certain non-profit organizations), and covers both interstate and intrastate telemarketing calls.  Customers who are not already on the National Do-Not-Call List may register their residential and wireless telephone numbers online at www.donotcall.gov, or by calling 1-888-382-1222 from the telephone number they wish to register (for TTY, call 1-866-290-4236).  Registered telephone numbers remain on the National Do-Not-Call List for five (5) years.  Customers may re-register their telephone number(s) on the List when the five years have passed, and may remove their number(s) from the List at any time.