1. HICKORYTECH INTERNET MAKES NO WARRANTY EITHER EXPRESS OR IMPLIED REGARDING THE QUALITY OF THE INTERNET SERVICE TO BE PROVIDED HEREUNDER, INCLUDING BUT NOT LIMITED TO, THE CONDITION, MERCHANTABILITY, FITNESS FOR PURPOSE, ADAPTABILITY OR SUITABILITY FOR ANY PARTICULAR PURPOSE OF THE INTERNET SERVICE. THE INTERNET SERVICE IS PROVIDED ON AN "AS IS, AS AVAILABLE" BASIS. HickoryTech INTERNET SHALL NOT BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL OR CONSEQUENTIAL DAMAGES ARISING OUT OF THE USE OF THE INTERNET SERVICE OR INABILITY TO USE THE INTERNET SERVICE.
2. HickoryTech Internet has two disconnect policies for dialup sevices:
   1. No activity policy – If 15 minutes passes with no modem activity, HickoryTech Internet will terminate the modem’s connection.
   2. No camping policy – After five hours of connection time, HickoryTech Internet will terminate the modem’s call regardless of the modem’s activity. This is to ensure that other dial-up customers are able to receive a connection to HickoryTech Internet with few busy signals.
3. Web Hosting HTTP data transfer limits:
   
   • Personal Web Space - 100 MB/day
   • Commercial Web Hosting - 250 MB/day
   This only includes HTTP transfer traffic from your website. Traffic generated by uploading content to your site will not be included in these limits. Traffic needs exceeding these limits will be priced on a case-by-case basis.
4. You agree to hold HickoryTech Internet and its officers and agents harmless from any liability arising from special, indirect or consequential damages including, but not limited to, any loss of profits; loss of opportunity; or any other loss which may result from the use of, misuse of, or lack of availability of Internet service.
5. Standard Internet technical support includes all live, online, and telephone assistance related to Internet connectivity and email setup/configuration. Premium Internet technical support includes all live, online, and telephone assistance installing and using selected Internet related software applications and home networking equipment. HickoryTech reserves the right to bill individual customer accounts for excessive requests made to HickoryTech Internet technical support.
6. Users are responsible for the security of their account, for the actions of all persons who use their account and all charges incurred by using their account, including long distance charges to access the Internet.
7. Cancellation of services - All accounts are active and billable unless the user has contacted HickoryTech in writing to cancel services. Non-use of the account does not constitute implied termination.
8. The law of the State of Minnesota shall govern this Agreement. Any claims or causes of action related to the Internet service must be instituted within one year after the claim or cause of action has arisen or will be barred.
9. All HickoryTech correspondence to the customer, including system maintenance messages, web overage notifications, etc. will be delivered to the customers primary HickoryTech email account. If a customer uses another account not provided by HickoryTech as their primary account, the customer is responsible for checking the HickoryTech account for such information.
10. Late payments: A late payment charge of 1.5 percent (18 percent annually) on the unpaid balance, or $3.00, whichever is greater, will be added to you account if your payment is not received by your next billing date. To avoid a late fee being charged to your account, please allow time for mailing.
11. Email Policy:
    
    • HickoryTech generates and assigns unique service passwords. Custom password requests cannot be fulfilled in order to maintain the highest level of security possible on the HickoryTech network.
    • HickoryTech maintains a 10 MB maximum individual e-mail message size for incoming or outgoing e-mail on the HickoryTech Mail Server.
    • HickoryTech maintains a quota of 50 MB total mail server storage per HickoryTech e-mail account.
    • User may not send to more than 25 recipients per MESSAGE.
    • User may not send more than 100 emails per hour period without prior written approval from HickoryTech.
    • HickoryTech may block certain attachment types used in transmitting viruses. See Email Attachment Restrictions for file types that are blocked.
    • HickoryTech reserves the right to deactivate email accounts which have not been accessed for 12 months.
    • Users are responsible for the actions, security and identification of all users on their account.
12. DSL Customers:
    Tampering with the DSL modem is prohibited. DSL service and billing will remain active on customer's account until HickoryTech owned DSL modem and power supply are returned to HickoryTech or an authorized drop-off location. Customer will be billed and agree to pay the cost of the DSL modem replacement ($300) and/or power supply ($50) if equipment is damaged or not returned after termination.
    
    HickoryTech Residential DSL is not to be used to provide any type of hosting services (i.e., servers) including but not limited to, Electronic Mail, DHCP and DNS Servers. In the event any Residential DSL customer attempts to utilize the service for this purpose, HickoryTech may, at its sole discretion, increase the fees associated with the service, or terminate the service.
    
    Internet Protocol IP Address: IP addresses are not portable and are not assigned for independent administration or distribution. Customers understands that IP assignments are not guaranteed, and may be modified as required by HickoryTech Internet and/or the American Registry for Internet Numbers (ARIN). Customer cannot alter, modify or tamper with the IP connection of those or any customer on the system.
    
    Inside Wiring and Installation: Customer acknowledges that the inability of Customer or third party's facilities to access the Services or other operational impediments may preclude or delay delivery of Services. Customer acknowledges that the installation representative may require inside wiring to complete Services delivery at an additional hourly or other charge. Customer futher acknowledges this charge will occur at the sole discretion of the installation representative.

Dial Up Pre Pay Terms and Conditions

Notice to Internet Users

1. HickoryTech Internet shall not be used for any purpose that violates local, state, national or international law. The Internet service shall not be used to interfere with or disrupt network users, service or equipment. Such interference or disruption includes, but is not limited to: distribution of unsolicited advertising; propagation of computer worms or viruses; use of the network to make unauthorized entry to any computation, information, communications device or resource.
2. Probe hosts or networks without the explicit prior written authorization of the administration of those systems.
3. Breach the security of a host, network component, or authentication system without the explicit prior written permission of the administration of those systems.
4. Monitor data on any network or system without the explicit authorization of the administration of that system or network.
5. Uses the service in such a way that it interferes with service to any user, host or network, including actions that may overload a server, network-connected device, or network component, or compromise system security.
6. Originate malformed data or network traffic that results in damage to, or disruption of, a service or network connected device.
7. Forgery of data designed to misrepresent the origination user or source.
8. Sending unsolicited bulk email or other unsolicited advertising "spamming," using HickoryTech resources to transmit any unsolicited advertisements via email, discussion groups, chat rooms, etc. is strictly prohibited. Activities that have the effect of facilitating or supporting unsolicited advertising is prohibited, including referencing any resources served by the HickoryTech IP network. Mailing lists may only be sent with the explicit verifiable permission from the recipient directly to the sender, with a working unsubscribe mechanism. Using purchased bulk email lists is strictly prohibited.
9. Post on or transmit through HickoryTech's network any material that is unlawful, including, but not limited to, any material which encourages conduct that would constitute a criminal offense, give rise to civil liability or otherwise violate any applicable local, state, national or international law; Make available any software, services or other information designed to violate the HickoryTech AUP or the AUP of any other Internet Service Provider, including hosting mass emailing or "hacking" programs or services; Make available any material that violates the interests of the copyright holder. HickoryTech reserves the right to take action to curtail the above-described activities, which action may include termination of the Internet service to the suspected violator, with or without notice.
10. Forgery of electronic mail headers (including any portion of the Internet Protocol (IP) packet header and/or electronic mail address), or any other method used to forge, disguise, or conceal the user’s identity when using HickoryTech Internet Services (‘Spoofing’).
11. Use of another party’s electronic mail server to relay electronic mail without the explicit permission from that third party (‘E-mail Relay’).
12. Conceal, forge or otherwise falsify identity in connection to any HickoryTech Internet Services, or present a false identity to HickoryTech when signing up for any HickoryTech Internet Services.
13. Send mass volumes of data, or any other abusive behavior that is intended to disrupt or disable the recipient system (Denial of Service (DOS) or ‘SYN Flood’ attacks).
14. Cross-posting of the same or similar messages to ten or more USENET newsgroups. All posting to USENET newsgroups by customers or user must comply with that newsgroups’ charter and other policies.
15. Post on or transmit through HickoryTech's network any material that is in violation of the Digital Millenium Copyright Act. Should a complaint of copyright infringement be asserted to HickoryTech from an agent of the claimed copyright holder, HickoryTech will require that the claimed infringing material be removed immediately. Should the alleged violator assert that the works are not in violation of copyright, an appeal may be made in writing to the HickoryTech Designated Agent specified in the HickoryTech Copyright Complaint Policy.

NOTE: THE FOLLOWING INFORMATION IS PROVIDED EXCLUSIVELY FOR NOTIFYING THE SERVICE PROVIDER REFERENCED BELOW THAT YOUR COPYRIGHTED MATERIAL MAY HAVE BEEN INFRINGED. ALL OTHER INQUIRIES, SUCH AS REQUESTS FOR TECHNICAL ASSISTANCE, REPORTS OF EMAIL ABUSE, AND PIRACY REPORTS, WILL NOT RECEIVE A RESPONSE THROUGH THIS PROCESS.

1. A physical or electronic signature of a person authorized to act on behalf of the owner of the copyright interest that is alleged to have been infringed;
2. A description of the copyrighted works that you claim have been infringed and identification of the material in such work(s) that you claim to be infringing, or if multiple copyrighted works at a single online site are covered by a single notification, a representative list of such works at that site;
3. A description of where the material that you claim is infringing is located on the HickoryTech network and identification of the material that is to be removed or access to which is to be disabled. Because HickoryTech dynamically assigns IP addresses, a timestamp (including time zone) showing the time the material was accessible must be provided with the Notification;
4. Information reasonably sufficient to permit the service provider to contact you, such as your physical address, telephone number, and email address;
5. A statement by you that you have a good faith belief that the use of the material identified in your Notice in the manner complained of is not authorized by the copyright owner, its agent, or the law; and
6. A statement by you that the information in your Notice is accurate and, under penalty of perjury, that you are the copyright owner or authorized to act on behalf of the copyright owner.