Legal Notices

Hawkeye Telephone Company Open Internet Rules

Network Practices, Performance Characteristics, and Commercial Terms

Hawkeye Telephone Co. has approved the following network practices, performance characteristics, and commercial terms for its broadband Internet access services in compliance with the Federal Communications Commission’s (“FCC’s) Open Internet Framework requirements

FEDERAL COMMUNICATIONS COMMISSION
47 CFR Parts 0 and 8
[GN Docket No. 09–191; WC Docket No. 07–52; FCC 10–201]
Preserving the Open Internet
AGENCY:
Federal Communications Commission.
ACTION: Final rule. http://www.gpo.gov/fdsys/pkg/FR-2011-09-23/pdf/2011-24259.pdf

These practices, characteristics, terms and conditions are intended to help preserve the Internet as an open framework that enables consumer choice, freedom of expression, end-user control, competition, and freedom to innovate without permission, while permitting the Hawkeye Telephone Co. to manage its network reasonably. Hawkeye Telephone may add, delete, or modify certain practices, performance characteristics, terms and conditions from time to time at its discretion. It will provide clear written notice of these changes on its website, but will not notify customers, content providers, applications providers, service providers or equipment providers individually of such changes by bill inserts, e-mails, tweets, telephone calls or other direct communications unless specifically required to do so by federal or state authorities. Hawkeye Telephone will provide as much advance notice as practicable of such changes. It will normally endeavor to furnish written notice on this website thirty (30) days before changes become effective, but reserves the right to use a shorter notice period when regulatory, operational, technical or other circumstances warrant.

Network Practices

Hawkeye Telephone Co. manages its network with the goal of providing the best practicable broadband Internet experience to all of its customers. Within the scope of its resources, it attempts to deploy and maintain adequate capacity and facilities within its own network, and to connect its network with the Internet. Hawkeye Telephone and its staff use commercially reasonable efforts to monitor, address and minimize (but do not guarantee that they can prevent) the effects of viruses, security attacks, network congestion, and other phenomena that can degrade the service of affected customers. Hawkeye Telephone Co. does offer services that can help protect customers from viruses, security attacks, network congestion. Please contact our office for more information on these services. Hawkeye Telephone Co. (563) 427-3222 or hawkeyetelinfo@netins.net Website http://www.hawkeyetelephone.com

Congestion Management Practices

Congestion is an Internet access service problem that can slow web browsing, downloading, and other activities of the customers during certain peak usage periods. This congestion may be cause by capacity limits and bottlenecks in a service provider’s own network, or by limitations in the capacity of backhaul facilities and services that many service providers must purchase from unrelated entities. To date, Hawkeye Telephone Co. has experienced minimal problems with congestion. If significant congestion problems arise in the future, the Company’s desired approach is to determine the source of the problem, and to increase the capacity of the affected portions of its network and its connections with the Internet where warranted. However, network and other facilities upgrades often cannot be accomplished instantaneously because they require negotiations, authorizations and agreements with multiple unrelated entities such as lenders, government agencies, and equipment vendors. If or when capacity upgrades are not able to be deployed on a timely or reasonable basis, the Hawkeye Telephone Co. reserves the right to monitor and identify which customer accounts are using the greatest amount of bandwidth during periods and/or locations of heavy congestion, and to contact those “high-bandwidth customers” to work out a solution to the problem. The Company’s preferred solution will be to help these high-bandwidth customers to find acceptable times and/or locations during non-peak periods to engage in the same activities. If that preferred solution is not feasible, the Company reserves the right to manage temporarily the Internet traffic of “high-bandwidth customers” at affected locations during periods of significant congestion until such periods of congestion pass. This temporary traffic management will be accomplished by technically and commercially feasible methods that are available or that become available in the future. Affected “high-bandwidth customers” will still be able to access the Internet. However, during periods of congestion, they may experience conditions such as longer times to download or upload files, slower Web surfing, and/or slower movements during online game playing.

Application-Specific Behavior Practices

Hawkeye Telephone does not have its own third-party application certification criteria or procedures, nor does it generally restrict the use of applications on its network. By using the Company’s services, Customers agree that they will not use such services to engage in any activities that are unlawful or that will cause harm to the Company’s network. The Company reserves the right to restrict applications from its network to the extent that such applications are unlawful or cause harm to the network. Customers may use any lawful and commercially available application that they desire on the Company’s network. The Company does not favor or inhibit certain applications or classes of applications. The Company does not normally monitor the contents of the traffic or applications of its customers. It undertakes no obligation to monitor or investigate the lawfulness of the applications used by its customers. If an appropriate party contacts the Company with a substantial and credible allegation that an application being used by a customer is unlawful, the Company will investigate the matter (including consultation, as it deems appropriate, with attorneys, consultants, federal or state regulators, and/or federal, state or local law enforcement agencies), and will take appropriate actions to deal with the use of applications that are demonstrated to be unlawful. Customers may occasionally develop their own applications, or modify commercially available applications. The Company will not prohibit the use of customer-developed or modified applications unless there is a reasonable belief that such applications will cause harm to its network. Hawkeye Telephone Co. does not block or rate-control specific protocols or protocol ports. The Company does not modify protocol fields in ways that are not prescribed by the applicable protocol standards. The Company does not block, or intentionally impair or degrade access to: (a) any lawful websites; or (b) any applications that compete with its voice or video telephony services or those of its affiliates.

Device Attachment Rules

Hawkeye Telephone Co. does not have its own third-party device certification criteria or procedures, nor does it restrict the use of devices on its network unless they are unlawful or unless there is a reasonable belief that such devices will cause harm to its network. All devices that access the Company’s network must be compatible with the Company’s chosen technology, and it reserves the right to restrict third-party devices from its network to the extent that such devices cause harm to the network Customers may use any lawful, compatible, and commercially available device which they desire on the Company’s network, as long as such device does not harm the network. Hawkeye Telephone Co. undertakes no obligation to monitor or investigate the lawfulness of the devices used by its customers. If an appropriate party contacts the Company with a substantial and credible allegation that a device being used by a customer is unlawful, the Company will investigate the matter (including consultation, as it deems appropriate, with attorneys, consultants, federal or state regulators, and/or federal, state or local law enforcement agencies), and will take appropriate actions to deal with the use of a device that is demonstrated to be unlawful. Customers may occasionally develop their own devices, or modify commercially available devices. The Company will not prohibit the use of lawful customer-developed or modified devices unless there is a reasonable belief that such applications will cause harm to its network.

Security

Hawkeye Telephone Co. does not normally monitor the traffic of its customers. It undertakes no obligation to monitor or protect such customer traffic from spam, viruses, denial-of-service attacks, or other malicious, unlawful or unwanted activities. Hawkeye Telephone Co. recognizes that customers can purchase spam filtering and anti-virus software from commercial vendors to meet their needs. The Company may from time to time offer anti-spam and/or anti-virus software or services to customers who desire to purchase them from the Company. When offered, these software or services will be described and priced in other sections of its website and in the Company’s sales and marketing materials. Customers can also contact our office for information on our protection services. Customers are free to obtain anti-spam and/or anti-virus software or services from any source they desire, as long as such software or services do not disrupt or degrade the traffic of other customers of the Company or harm the network. A customer that is subjected to a denial-of-service attack, or similar malicious, unlawful or unwanted activity, is urged to notify the Company as soon as possible. The Company will work with the customer, other service providers, federal and state regulators, and/or law enforcement to determine the source of such activity, and to take appropriate, and technically and economically reasonable efforts to address the matter. The Company employs commercially appropriate security procedures to protect its network and its customer records from unauthorized access by third parties. The Company does not guarantee that it can protect customers from any and/or all security breaches.

Performance Characteristics

Many of the service and performance characteristics of the Company’s broadband Internet access services are contained in the service offering portions of this website.

Service Description

Hawkeye Telephone Co. uses DSL (digital subscriber line) product equipment types that include Asymmetric Digital Subscriber Line (ADSL) Asymmetric Digital Subscriber Line 2 Plus (ADSL2+),and Very High Speed Digital Subscriber Line (VDSL). We also offer Dial-up , and have the ability to offer Ethernet and special circuits (T1, DS3,) some of our services will connect to 3rd party providers for support and bandwidth. Hawkeye Telephone Co. has provided the following 3rd party partner links.

You can test your connections at the following web site

http://netins.net/speed.htm.

You can find our partner internet discloser at the web site below

http://iowanetworkservices.com/Provider/Internet/InternetDisclosure.aspx

ACCEPTABLE USE POLICY FOR HIGH SPEED INTERNET SERVICE

http://support.netins.net/AUP.shtml

Commercial Terms

The commercial terms of Hawkeye Telephone Co. broadband Internet access services are contained in greater detail in our office. This link will provide more information on the FCC’s Open Internet Framework. http://www.gpo.gov/fdsys/pkg/FR-2011-09-23/pdf/2011-24259.pdf

Pricing Terms

Hawkeye Telephone Co. offers different tiers and levels of service at different prices, which may change from time to time. These service tiers and prices will be detailed on our web site, and information is provided at our office.

The Company does not impose usage-based fees upon certain tiers or levels of its service, but reserves the right impose usage-based fees. If fees are imposed upon the tiers and service levels they will be listed in subscriber agreements in the manner and under the conditions set forth therein.

Hawkeye Telephone Co. does not impose fees for early termination with respect to its service arrangements. The Company assesses late fees of $2.00 per month and fees for additional network services as set forth in the accepted rate plan agreements. The Company is willing to consider and negotiate prices for customized additional network services requested by specific customers or custom service providers if such services can be designed, developed and furnished in a commercially reasonable manner. If such customized services are developed and furnished, the Company reserves the right to adapt and provide them to other customers on a non-discriminatory basis so long as such subsequent provision does not entail disclosure of proprietary or confidential information of the initial customer.

Privacy Policies

Hawkeye Telephone’s network management practices do not generally entail the monitoring and inspection of the content of network traffic. The Company retains and stores certain traffic information (such as the identity of the customer using a particular IP address during a specific period) for time periods required by federal or state law. Hawkeye Telephone Co. retains stores and provides to law enforcement any traffic information requested pursuant to the procedures of the Communications Assistance for Law Enforcement Act (“CALEA”), the Foreign Intelligence Surveillance Act (“FISA”) or other applicable national security or criminal statutes. The Company does not collect, store or use traffic information to profile its customers in order to sell additional services to them, or for similar non-network management purposes.

The Company’s other privacy policies and procedures will be listed on the Hawkeye Telephone Co. website. www.hawkeyetelephone.com or can be provided at the office located at 115 west Main street, Hawkeye, Iowa, 52147.

Customer concerns options

Customer questions, concerns and complaints should be addressed to the Company’s Customer Service at (563) 427-3222 or hawkeyetelinfo@netins.net

The Company strongly desires to resolve questions, complaints and other problems of its customers in an informal and direct manner that satisfies all interested parties to the greatest extent practicable.

Customers that are not able to obtain satisfaction from the Company have the option of invoking the FCC’s informal and formal complaint procedures regarding Open Internet Framework disputes.

Hawkeye Telephone Co.
115 West Main Street
Hawkeye, IA 52147
PO Box 250

Office: (563) 427-3222

Email: hawkeyetelinfo@netins.net

Website: http://www.hawkeyetelephone.com

This policy regarding these practices, performance characteristics, terms are effective as of November 20, 2011.