Please read these Terms & Conditions of Use (“Terms & Conditions”) carefully before accessing or using the Website or the features contained within the Website (hereinafter referred to as the Website “Services”).  By using our Website, you agree to be bound by the Terms & Conditions, including the Binding Arbitration Clause and Class Action Waiver described in Section IX.  If you do not agree to the Terms & Conditions, then you must not use the Website.  If you violate the Terms & Conditions, we reserve the right to deny you access to the Website, together with any and all other legal remedies.  If there are inconsistencies between our Privacy Policy and the Terms & Conditions, the Privacy Policy controls.

The headings used in this agreement are included for convenience only and will not limit or otherwise affect these Terms & Conditions.

We grant you a limited, revocable, non-exclusive, non-transferable license to review and in some instances print content, on the Website for your personal and educational purposes as long as they do not violate any aspect of these Terms & Conditions or applicable law, including our intellectual property or the intellectual property rights of another party.  We reserve the right to terminate or limit your access to the Website and/or the licenses granted herein for any reason and in our sole discretion.

We reserve the right to, at any time, temporarily or permanently, modify or discontinue any features associated with the Services with or without notice and for any reason, including performing maintenance, repairs or upgrades.  We will endeavor to provide notice before any scheduled upgrades.  We (and our licensors) remain the sole owner of all rights, title, and interest in the Services.

All Website content, including but not limited to design, artwork, hyperlinks, text, videos, calendars, software, images, technical drawings, blog posts, podcasts, audio, images, configurations, graphics, other files, and their selection and arrangement (“Materials”) are either the proprietary property of us, our affiliates, or licensors.  We reserve any and all rights to the Materials.  The Materials may not be modified, copied, distributed, framed, reproduced, republished, downloaded, displayed, posted, transmitted, or sold in any form or by any means in whole or part without our prior written permission except you may download and print Materials for uses that are not competitive with or derogatory to us, provided that you keep all copyright or other proprietary notices intact.  Please note that this limited consent may be revoked at any time by us and does not include consent to republish Materials on the Internet, or any Intranet or Extranet site, or to incorporate the Materials in any data base or other compilation.  Any other use of the Materials is strictly prohibited.  You further agree that you will not systematically extract, collect or harvest through electronic means or otherwise, any data or data fields from the Website, including but not limited to customer identities.

All registered and unregistered trademarks on the Website are trademarks of Company, or licensors and may not be copied, imitated, or used in whole or in part without the prior written permission of Company, or its owners.  All page headers, customer graphics, button icons, and scripts are service marks, trademarks, and carefully before accessing or using the Website or the features contained within the Website, such as accessing the Website itself, using online forms or trade dress of ours or our affiliates and may not be copied, imitated or used in whole or in part without prior written permission of us.

In addition to other prohibitions as set forth in the Terms & Conditions, you are prohibited from using the Website or its content: (a) for any unlawful or fraudulent purpose, including but not limited to, the use of fraudulent credit card information; (b) to solicit others to perform or participate in any unlawful acts; (c) to violate any international, federal, provincial or state regulations, rules, laws, or local ordinances; (d) to infringe upon or violate our intellectual property rights or the intellectual property rights of others; (e) to harass, abuse, insult, harm, defame, slander, disparage, intimidate, or discriminate based upon gender, sexual orientation, religion, ethnicity, race, age, national origin, or disability; (f) to submit false or misleading information; (g) to upload or transmit viruses or any other type of malicious code that will or may be used in any way that will affect the functionality or operation of the Website (or related website, other websites, or the Internet) or Services; (h) to collect or track the personal information of others; (i) to spam, phish, pharm, pretext, spider, crawl, scrape or facilitate the use of any malware or ransomware; (j) for any damaging, obscene or immoral purpose; (k) to interfere with or circumvent the security features of the Website (or related website, other websites or the Internet) and/or Services; or (l) in any way that may be deemed a breach or violation of any of our Terms & Conditions or Privacy Policy.  We reserve the right to terminate your use of the Services or any related website for violating any of the prohibited uses.

The Website is intended only for users over the age of eighteen (18).

We do not target our website to minors, who are under thirteen (13) (or a higher age threshold where applicable).  You agree that you are not under thirteen (13) years of age.  We do not intend to collect or process any information from anyone under the age of thirteen (13).  If we become aware that a user is under thirteen (13) (or a higher age threshold where applicable) and has provided us with Information, we will take steps to comply with any applicable legal requirement to remove such Information.  Contact us if you believe that we have mistakenly or unintentionally collected information from a person under the age of thirteen (13).

A. Errors, Inaccuracies, & Omissions

B. Links to the Website

C. Links on the Website

The information on the Website is provided on an “as is” basis without any representation, warranties, or conditions of any kind, either express or implied, including all implied warranties or condition of merchantability, merchantable quality, fitness for a particular purpose, durability, title, and non-infringement. We do not guarantee, represent or warrant that your use of the Website, or the Services, will be uninterrupted, timely, secure, or error-free. We do not warrant that the results that may be obtained from the use of the Services will be accurate or reliable. You agree that from time to time we may remove the Website and Services for indefinite periods of time or cancel them at any time without notice to you. To the fullest extent permitted by law, the Company excludes all representations and warranties relating to this Website and its contents and Services for which is or may be provided by any affiliates or any other third party, including in relation to any inaccuracies or omissions in this Website and/or the Company’s literature.

In no case shall the Company, its directors, officers, employees, affiliates, agents, contractors, interns, suppliers, service providers or licensors be liable for any injury, loss claim, or any direct, indirect, incidental, punitive, special, or consequential damages of any kind, including without limitation lost profits, lost revenue, lost savings, loss of data, damage caused to your computer, computer software, systems and programs and the data thereon, replacement costs, or any similar damages, whether based in contract, tort, strict liability or otherwise arising from your use of the Website or Services or in any way related to the Website and Services, including but not limited to any errors or omissions in any of the use of the Services or any content or product posted, transmitted, or otherwise made available. In any event, the aggregate liability of the Company and our service providers under these Terms & Conditions shall not exceed five hundred dollars ($500.00).

This Company does not however exclude liability for death or personal injury caused by its negligence. The above exclusions and limitations apply only to the extent permitted by law. None of your statutory rights as a consumer are affected.

The Terms & Conditions and any separate agreements whereby we provide you Services shall be governed and construed in accordance with the laws of New York without reference to any conflict of laws rules.

You agree that you will not use the Website or Services in any country or in any manner prohibited by any applicable laws, restrictions or regulations.

BINDING ARBITRATION NOTICE:  You and the Company agree that if there is any dispute or claim arising from or related to the Website, our Services and/or these Terms & Conditions will be resolved by confidential binding arbitration, rather than in court, after first giving Notice of the Dispute (Notice) to the other party and the opportunity to discuss resolution within thirty (30) days of such Notice. The Notice to the Company should be sent to: DFT COMMUNICATIONS®, Notice of Dispute, 40 Temple Street, Fredonia, NY 14063 or emailed to us at info@dftel.com.  This Notice must include a description of the nature and basis of the claims the party is asserting and the relief sought.

If you and the Company are unable to resolve the claims described in the Notice within 30 days after the Notice is sent, you or the Company may initiate arbitration proceedings. There is no judge or jury in arbitration, and court review of an arbitration award is limited. However, an arbitrator can award on an individual basis the same damages and relief as a court (including injunctive and declaratory relief or statutory damages) and must follow the provisions of these Terms & Conditions as a court would. YOU ACKNOWLEDGE THAT YOU ARE VOLUNTARILY AND KNOWINGLY FORFEITING YOUR RIGHT TO A TRIAL BY JURY AND TO OTHERWISE PROCEED IN A LAWSUIT IN STATE OR FEDERAL COURT.

The Federal Arbitration Act and federal arbitration law apply and the American Arbitration Association (AAA) will administer the arbitration under its Commercial Arbitration Rules and the Supplementary Procedures for Consumer Related Disputes. Payment of all filing, administration and arbitrator fees will be governed by the AAA’s rules.

CLASS ACTION WAIVER: YOU AND THE COMPANY AGREE THAT DISPUTES BETWEEN YOU AND US WILL BE RESOLVED BY BINDING, INDIVIDUAL ARBITRATION AND YOU WAIVE YOUR RIGHT TO PARTICIPATE IN A CLASS ACTION LAWSUIT OR CLASS-WIDE ARBITRATION. If for any reason a claim proceeds in court rather than in arbitration, we each waive any right to a jury trial. We also both agree that you or we may bring suit in court to enjoin infringement or other misuse of intellectual property rights.

To the extent that any provision of these Terms & Conditions is deemed to be unlawful, void, or unenforceable, including the binding arbitration clause and class action waiver, such provision shall nonetheless be enforceable to the fullest extent permitted by applicable law, and the unenforceable portion shall be deemed to be severed from these Terms & Conditions, such determination shall not affect the validity and enforceability of any other remaining provisions.

These Terms & Conditions are effective until terminated.  We may terminate this agreement at any time without notice to you and may deny you access to the Website and Services.

To the fullest extent permitted by law, and except to the extent arising from our negligence, recklessness, gross negligence, or intentional misconduct, you agree to indemnify, defend, and hold harmless the Company, and our parent, affiliates, partners, officers, directors, agents, contractors, licensors, service providers, subcontractors, suppliers, interns and employees, harmless from any claim or demand, including reasonable attorneys’ fees made by any third party due to or arising out of your breach of these Terms & Conditions or the documents they incorporate by reference, or your violation of any law or rights of a third party.  We reserve the right to assume the exclusive defense and control of any matter otherwise subject to indemnification by you, in which event you shall cooperate with us in asserting any available defenses.  You shall not settle any actions or claims on our behalf without our prior written consent.

There are no third-party beneficiaries to the Terms & Conditions.  We shall have the right to assign our rights or delegate any of its responsibilities under these Terms & Conditions to an affiliate or in connection with a merger, consolidation, or reorganization for the sale of substantially all of our assets.

We reserve the right to change, modify, or amend these Terms & Conditions at any time to reflect changes in our practices and service offerings.  If we modify our Terms & Conditions, such changes will be effective upon posting.  It is your obligation to check our current Terms & Conditions for any changes.

These Terms & Conditions may only be modified in writing.  Any ambiguities in the interpretation will not be construed against the drafter.

If you have any questions about this Privacy Policy, please send us an email at info@dftel.com, call us toll-free at: 1-877-653-3100, or write us at DFT COMMUNICATIONS®, 40 Temple Street, Fredonia, NY 14063.

This policy applies to all content produced or updated by DFT on the Services.  Note that the Services may contain links to external websites that are not within DFT’s control and may not follow the same accessibility policies and standards as DFT.

If you have questions, concerns or feedback related to the functionality or accessibility of the Services, please let our Customer Service team know. Persons who are unable to access or are having difficulty accessing the Services or would prefer to contact us by phone should call our Customer Service line at 1-877-653-3100­­­­­­­­.

When you contact us, please be sure to tell us:

• The nature of the accessibility issue;

• The format in which you prefer to receive a response; and

• How we can contact you.

We will work with you to try to provide the information, service, or transaction you seek through a communication method that works for you and is consistent with applicable law.

DFT Communications® (“DFT®“) provides its High Speed Internet services (“Services”) to users who pay a monthly service fee to subscribe to the Services. By establishing an account of using the Services, you agree to be bound by this Agreement and to use the Services in compliance with this Agreement, our Acceptable Use Policy and other policies.

If you do not agree to the terms and conditions of this Agreement, including any future revisions, you may not use the Services and if you are a current Member, you must terminate your use of the Services under Section 10 of the DFT® Internet Service Agreement.

Members must abide by the DFT® Internet Service Agreement and other policies. DFT® High Speed Internet Service is for a single business or single residence. Unauthorized reselling of DFT® services, or DFT® equipment, is strictly forbidden and is in violation of the DFT® Acceptable Use Policy (“AUP”). High Speed Internet Service may not be used to provide Internet Access of Services to other networks or connections outside of your single business or residency. Connections to your network or computer systems from outside sources will be considered THEFT OF SERVICE defined below under section 165.15, subsection 4 of PENAL Law of the State of New York, AND YOU WILL BE PROSECUTED TO THE FULLEST EXTENT OF THE LAW.

THEFT OF SERVICES contrary to the provisions of Section 165.15, subsection 4 of the PENAL Law of the State of New York, in that said Defendant did INTENTIONALLY AND KNOWINGLY:

A person guilty of theft of services when: With intent to avoid payment by himself or another person of the lawful charge for any telecommunications service, including, without limitation, cable television service, or any gas, steam, sewer, water, electrical, telegraph or telephone service which is provided for a charge or compensation, he obtains or attempts to obtain such service for himself or another person or avoids or attempts to avoid payment therefore by himself or another person by means of (A) tampering or making connection with the equipment of the supplier, whether by mechanical, electrical, acoustical or other means or (B) offering for sale or otherwise making available, to anyone other than the provider of a telecommunications service for such service providers own use in the provision of its service, any telecommunications decoder or descrambler, a principal function of which defeats a mechanism of electronic signal encryption, jamming or individually addressed switching imposed by the provider of any such telecommunications service to restrict the delivery of such service or (C) any misrepresentation of fact which he knows to be false, or (D) any other artifice, trick, description, code or device.

Copyright infringement most commonly involves the possession, downloading, or sharing of electronic copies of music, movies, or videos without the permission or approval of the copyright holder.  To protect their interests, copyright holders frequently monitor websites and other popular download locations to record the title, date, time, and Internet Protocol (IP) address associated with infringing activity.

It is the policy of DFT Communications Internet Services Corporation to discourage the use of our network and services, to download materials in violation of copyright, trademark or other intellectual property laws.

Based on the IP address involved, a copyright holder that believes an infringement has occurred will send the company a notice describing the event.  When we receive such notices, we determine what customer was assigned the IP address at the date(s) and time(s) listed in the notice(s).  We only track IP address assignment and not how or where the IP address is used. We do not monitor or track customer activity on the Internet.

If we are able to identify a customer with the IP address, we will contact the customer, so they are aware of the allegation(s) of copyright infringement and to provide them with an opportunity to prevent the activity or remove the material. We do not release a customer’s identity to the copyright holder unless we are required to do so by a court order or subpoena.

If we receive repeated copyright infringement notifications for the customer over a period of time, we will escalate our response to ensure the customer is aware of the situation and to provide suggestions that may help resolve the problem. If we continue to receive copyright infringement notifications against the customer, we will take appropriate action, which could include, but not limited to, reducing the customer’s bandwidth, or suspending or terminating their internet service.

If the customer feels a mistake has been made or that the copyright for the material mentioned is not being infringed upon, they may file a counter-notification with the copyright holder or work with them directly.

Customers may wish to seek legal advice from an attorney if they receive a copyright infringement notice.

NOTICES:

Pursuant to the Digital Millennium Copyright Act (the “DMCA”), you may file a Notification of claimed infringement with the Designated Agent of a Service Provider if you believe that a Web page hosted by Netsync Internet Services Corporation or one of its affiliates, as the Service Provider (hereinafter “Service Provider”), is violating your rights under U.S. copyright law. (See Title 17, United States Code, Section 512(c)(3)). The DMCA provides the following procedure for parties to follow who wish to file a Notification of claimed infringement with a Service Provider.

Notification: In order to be effective under the DMCA, the Notification must (i) be in writing, and (ii) be provided to the Designated Agent of a Service Provider.

In order for such a complaint to be effective under the DMCA, Notification must include the following:

1. A physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.
2. Identification of the copyrighted work claimed to have been infringed, 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. Identification of the material that is claimed to be infringing or to be the subject of infringing activity and that is to be removed or access to which is to be disabled, and information reasonably sufficient to permit the Service Provider to locate the material.
4. Information reasonably sufficient to permit the Service Provider to contact the complaining party, such as an address, telephone number, and if available, an electronic mail address at which the complaining party may be contacted.
5. A statement that the complaining party has a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law.
6. A statement that the information in the Notification is accurate, and under penalty of perjury, that the complaining party is authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.

Upon receipt of the written Notification containing the information described in 1 through 6 above, Service Provider will:

1. Take reasonable steps to promptly notify the subscriber that it has removed or disabled access to the material.

Counter Notification: If a notice of copyright infringement has been filed against you, you may file a Counter Notification with a Service Provider’s Designated Agent. In order to be effective, a Counter Notification must be written and include substantially the following:

1. A physical or electronic signature of the subscriber.
2. Identification of the material that has been removed or to which access has been disabled and the location at which the material appeared before it was removed or access to it was disabled.
3. A statement under penalty of perjury that the subscriber has a good faith belief that the material was removed or disabled as a result of mistake or misidentification of the material to be removed or disabled.
4. The subscriber’s name, address, and telephone number, and a statement that the subscriber consents to the jurisdiction of Federal District Court for the judicial district in which the address is located, or if the subscriber’s address is outside of the United States, for any judicial district in which the Service Provider may be found, and that the subscriber will accept service of process from the person who provided Notification or an agent of such person.

Upon receipt of a Counter Notification containing the information as outlined in 1 through 4 above, Service Provider shall:

1. Promptly provide the complaining party with a copy of the Counter Notification;
2. Replace the removed material or cease disabling access to the material within 10 to 14 business days following receipt of the Counter Notification, unless the Service Provider’s Designated Agent first receives notice from the complaining party that an action has been filed seeking a court order to restrain alleged infringing party from engaging in infringing activity relating to the material on Service Provider’s system or network.

NOTE: Under the DCMA, claimants who make misrepresentations concerning copyright infringement may be liable for damages incurred as a result of the removal or blocking of the material, court costs, and attorney’s fees. See Title 17, United States Code, Section 512(f).

NOTE: The information on this page is provided to you for informational purposes only, and is not intended as legal advice. If you believe your rights under U.S. Copyright law have been infringed, you should consult an attorney.

Cassadaga Telephone Corporation – 5025
Dunkirk and Fredonia Telephone Company – 5075
DFT Local Service Corporation d/b/a DFT Select One – 6492

Email:         info@dftel.com

Phone:       877-653-3100 or 716-673-3000

or Mail:       DFT Communications

38 Temple Street

PO BOX 209

Fredonia, New York 14063

DPS HELPLINE

Internet:    www.dps.ny.gov/complaints

Phone:       800-342-3377

or Mail:      Department of Public Service/Complaints

Office of Consumer Services

3 Empire State Plaza

Albany, New York 12223