These General Terms of Services are incorporated into, and along with the executed Service Order, constitute, the Master Services Agreement (the “Agreement”) between Customer and Glacier Networks, Inc. (“Glacier”).
By accessing or utilizing any of the Services or products offered by Glacier, you agree to be bound by the terms of this Agreement. These Terms of Services supersede all earlier versions and require mandatory arbitration of disputes. Please read these Terms of Services carefully, as they describe your legal rights and obligations. This Agreement shall become effective as of the date of (1) your signature on a Service Order or your electronic signature on or acceptance of this Agreement, (2) the activation of your account or (3) your receipt of an e-mail from Glacier confirming your order, whichever happens first. Customer may be referred to using “you” and “your” herein.
1. Term. The “Term” of Services to be provided to Customer from Glacier shall be as set forth in the Service Order. If no term of months is set forth in the Service Order or Customer does not select a longer term, the Agreement shall be on a month-to-month term. The Agreement shall automatically renew, after the original Term, on a month to month basis. Either party may terminate this Agreement (a) at the end of any initial or renewal term by providing the other party with at least sixty (60) days written notice: or (b) except as otherwise stated herein, during any initial or renewal term if the other party breaches any material term or condition of this agreement and fails to cure such breach within fifteen (15) days after receipt of written notice of the same. If Customer terminates Service before the term selected by Customer for any reason, or Glacier terminates Services for Customer’s breach of this Agreement or the Glacier AUP, Customer may be subject to a termination liability. The termination liability shall equal 100% of the monthly recurring charges for the terminated Services multiplied by the number of full months remaining in the initial term commitment. All termination notices to Glacier must be sent to: Glacier Networks, Inc., 65 Broadway, Suite 1802, New York, NY 10006. Glacier may restrict or suspend your rights under this Agreement and Customer’s of the Glacier service at any time to the extent Glacier deems it is necessary to protect the Glacier network. Notwithstanding any other provision of the Agreement, Glacier may elect in its sole discretion to terminate this Agreement and any or all outstanding Service Orders upon providing Customer with written notice of such election. In such event, the effective date of termination shall be thirty (30) days from the date of such notice.
2. Fees and Billing. Customer agrees to pay the amounts billed by Glacier to Customer which shall include activation/installation charges, non-recurring charges, equipment charges, and monthly recurring charges and any other fees indicated in a Service Order or as set forth herein or in any addendum to this Agreement (collectively, “Service Fees”) within thirty (30) days of invoice. You agree to pay all fees and charges incurred on your account, including any and all city, state or federal taxes and surcharges, whether imposed on Glacier or directly on you. Glacier reserves the right to change the rates and charges for any renewal term by providing you reasonable written notice in advance of the effective date of change. Any monthly recurring fees that contemplates a fixed usage of minutes for domestic and international use shall be subject to an additional usage charge for any minutes that exceed the fixed amount. Unless otherwise indicated in a Service Order, 2000 minutes per month for voice service is a standard usage rate and Customer may be billed for overages.
All fees and charges will be due, in U.S. dollars, on the first day of the service month as indicated on the Glacier invoice and may be charged to your Payment Account without further notices from Glacier. Billing is invoiced monthly in advance and will commence when the connection from the Glacier network is completed to your equipment and service is initiated. All recurring months charges are due at the beginning of the service month. Accounts are in default if payment of all amounts due is not received forty-five (45) days after date of invoice and are subject to an interest rate on the outstanding balance of either 1.5 % per month or at the maximum allowable rate under state law, whichever is lower. Accounts unpaid (60) days after date of invoice may have the Service interrupted or terminated. Such interruption of Service does not relieve you of your obligation to pay for the Service. Only a written request to terminate your service, in accordance with these Terms, relieves you of your obligation to pay for the Service. If you default, you agree to pay Glacier its reasonable expenses, including any attorney’s or collection agencies fees, incurred in enforcing its rights.
“Payment Account” shall refer to the credit card or Pay Pal account provided by you upon registration to pay for Services. Glacier may add, delete, or modify the methods by which customers can pay for the Glacier Services at any time without prior notice, in its sole discretion. Payments processed by Pay Pal are subject to Pay Pal’s terms and conditions of service, and Glacier makes no representations or warranties with respect to those services. Customer is deemed to have given Glacier on-going and continuous authorization to charge any credit-card provided to Glacier or any other Payment Account as long as Customer uses the Services.
3. Billing Disputes. Only disputes made in good faith, in a timely manner and properly documented as required herein, as determined by Glacier in its sole discretion, will be considered by Glacier. To meet these requirements, Customer must provide Glacier with written notice of any disputed charge(s) within thirty (30) days of the original Due Date for such charges. Along with such notice, Customer shall set forth in detail all grounds for disputing each charge and provide all documents supporting each dispute. Customer shall not have the right to withhold any amount not properly disputed. Glacier and Customer shall attempt in good faith promptly to resolve any dispute within thirty (30) days of Glacier’s receipt of notice of that dispute. If a dispute is not resolved, Glacier shall have the right to determine in good faith the merit of each dispute and Customer’s associated payment obligation. If Glacier determines that any amount withheld in dispute is owed, Customer shall pay that amount within ten (10) days of its receipt of written notice from Glacier of such determination, plus interest at the lower of 2.0% per month or the maximum rate permissible under applicable state law, calculated from the Due Date until the date payment is received by Glacier Failure to pay such amount in full within such ten (10) day period shall be a breach hereof and shall entitle Glacier, in addition to its other remedies at law or equity, to terminate all Services to Customer without notice and without liability of any kind or amount. If Glacier determines that any amount withheld in dispute is not owed, Glacier shall issue a credit for that amount on the first invoice issued by Glacier for a full billing cycle after Glacier’s determination is made. Customer’s exclusive remedy for issues relating, whether directly or indirectly, to any disputes shall be in the forum and pursuant to the laws as set forth in the Agreement.
4. Limitation of Liability. IN ADDITION TO ANY LIMITATIONS OF LIABILITY RELATED TO SPECIFIC SERVICES, INCLUDING E911, AND GLACIER FRAUD POLICIES, IN NO EVENT SHALL GLACIER OR ANY AFFILIATED PERSON OR ENTITY BE LIABLE TO CUSTOMER OR ANY AFFILIATED PERSON OR ENTITY FOR ANY PERSONALY INJURY, DAMAGE TO EQUIPMENT, LOSS OF DATA, PROFIT OR REVENUE OR FOR ANY INDIRECT, CONSEQUENTIAL, INCIDENTAL, EXEMPLARY, RELIANCE, COST OF COVER, SPECIAL, PUNITIVE OR SIMILAR OR ADDITIONAL DAMAGES, UNDER ANY THEORY OF TORT, CONTRACT, WARRANTY, STRICT LIABILITY OR NEGLIGENCE, INCURRED OR SUFFERED AS A RESULT OF UNAVAILABILITY, PERFORMANCE, NON-PERFORMANCE, TERMINATION, BREACH, OR OTHER ACTION OR INACTION UNDER THE AGREEMENT, EVEN IF CUSTOMER OR ANY AFFILIATED PERSON OR ENTITY ADVISES GLACIER OR ANY AFFILIATED PERSON OR ENTITY OF THE POSSIBILITY OF SUCH LOSS OR DAMAGE. GLACIER SHALL NOT BE RESPONSIBLE FOR DAMAGE TO PROPERTY OR FOR INJURY TO ANY PERSON ARISING FROM THE INSTALLATION, MAINTENANCE OR REMOVAL OF EQUIPMENT OR THE PROVISION OF SERVICES, AND CUSTOMER HEREBY INDEMNIFIES AND HOLDS HARMLESS GLACIER FROM AND AGAINST ANY LIABILITIES INCLUDING ATTORNEY’S FEES ARISING OUT OF SUCH DAMAGE OR INJURY. CUSTOMER’S REMEDIES FOR CLAIMS UNDER THE AGREEMENT SHALL BE STRICTLY LIMITED TO OUTAGE CREDITS AS DESCRIBED HEREIN.
Customer acknowledges that Glacier has set its prices and entered into this Agreement in reliance upon the limitations and exclusions of liability, the disclaimers of warranties and damages and Customer’s indemnity obligations set forth herein, and that the same form an essential basis of the bargain between the parties. The parties agree that the limitations and exclusions of liability and disclaimers specified in this Agreement will survive and apply even if this Agreement is found to have failed of their essential purpose.
5. DISCLAIMER OF WARRANTY. GLACIER MAKES NO WARRANTY OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE. GLACIER WILL NOT BE RESPONSIBLE FOR ANY DAMAGES SUFFERED BY YOU OR ANY OTHER PARTY (INCLUDING ANY SUBSCRIBERS TO OR USERS OF ANY SERVICES PROVIDED BY YOU, INCLUDING BUT NOT LIMITED TO LOSS OF DATA RESULTING FROM DELAYS, NONDELIVERIES, OR SERVICE INTERRUPTIONS. GLACIER EXERCISES NO CONTROL WHATSOEVER OVER THE CONTENT OF THE INFORMATION PASSING THROUGH ITS NETWORK OR OVER THE INTERNET. USE OF ANY INFORMATION OBTAINED OVER THE GLACIER NETWORK OR THE INTERNET IS AT YOUR OWN RISK. GLACIER SPECIFICALLY DENIES ANY RESPONSIBILITY FOR THE ACCURACY OR QUALITY OF THE INFORMATION OBTAINED THROUGH ITS SERVICE. IN NO EVENT WILL GLACIER LIABILITY FOR ANY CLAIM (WHETHER IN TORT, CONTRACT, OR OTHERWISE) EXCEED THE AMOUNT PAID BY YOU FOR THE SERVICE IN LAST MONTH OF SERVICES.
6. INDEMNIFICATION OF GLACIER. You agree that you shall fully defend, hold harmless and indemnify Glacier, including its officers, directors, owners, managing agents, attorneys, shareholders, related entities, heirs, and assigns, from any and all claims, demands, actions, suits, losses, liabilities, damages, injuries, fines penalties, costs and expenses, attorneys’ fees, arbitration fees, mediation fees, expert expenses, and all other consequences of every kind, directly or indirectly resulting from any and all failure(s) of you or your agent(s) to fully comply with all duties, obligations and other provisions set forth in this Agreement, including, but not limited to, your warranties set forth or your violation of a third party’s intellectual property rights. You further agree to defend, indemnify and hold harmless Glacier, including its officers, directors, owners, managing agents, attorneys, shareholders, related entities, heirs, and assigns, from and against any and all claims, demands, actions, suits, loses, liabilities, damages, injuries, fines, penalties, costs and expenses, including, without limitation, reasonable attorneys’ fees, arising out of any property damage or recoverable economic loss incurred by a third party, to the extent such damage or loss is caused by any act or omission of you or your agents in connection with the performance of this Agreement. You further agree to defend, indemnify and hold harmless Glacier, including its officers, directors, owners, managing agents, attorneys, shareholders, related entities, heirs, and assigns, from any and all claims, demands, actions, suits, losses, liabilities, damages, injuries, fines penalties, costs and expenses, attorneys’ fees, arbitration fees, mediation fees, expert expenses, and all other consequences of every kind, directly or indirectly resulting from any and all failures on the part of underlying Glacier service providers to provide the Services in compliance with their underlying agreements with Glacier. You agree that Glacier shall have the right to participate in the defense of any such claim through counsel of its own choosing at your expense.
7. Service Interruption: Your exclusive remedy for any unavailability or failure of the Glacier network or any Services is outlined in the Glacier Service Level Agreement found at www.glaciernetworks.net and incorporated herein by this reference.
8. Customer Responsible for Fraud/Insurance. Glacier may offer optional fraud insurance which shifts the liability of domestic and international fraud service charges from Customer to Glacier. In the event Customer’s network security is compromised, Customer would not be financially responsible for said fraudulent service charges if it purchases the fraud insurance. Otherwise see Glacier’s Fraud Policy at www.glaciernetworks.net Customer may add this fraud insurance service at any time during the term prior to any fraudulent activity being identified by contacting Glacier. In the event fraud insurance is not part of the Agreement, Customer can have coverage amended prior to approval signature to insure protection by contacting Glacier for an amended Service Order.
9. Resale. Customer acknowledges and agrees that Customer may not sell, resell, transfer, convey, white label, wholesale or in any way distribute the Services to or for the benefit of any third party without express prior written consent of Glacier (which consent may be withheld in Glacier’s sole discretion). The foregoing prohibition shall apply, without limitation, to any and all fiber, circuits, equipment or other Service elements which Customer purchases from Glacier.
10. Privacy. It is Glacier’s policy to respect your privacy. Glacier will not monitor, edit, or disclose any personal information about you or your account, including its contents, without your prior consent unless Glacier deems it necessary, in its sole discretion, to comply with legal process or other legal requirements, including but not limited to responding to civil or criminal subpoenas, search warrants, national security letters, or other requests for information from law enforcement officials; protect and defend the rights or property of Glacier or its officers, agents, affiliates, and licensees; enforce this Agreement; or protect the interests of other Glacier customers.
NOTWITHSTANDING THE PROVISIONS OF THIS AGREEMENT TO THE CONTRARY, GLACIER RESERVES THE RIGHT (SUBJECT TO APPLICABLE LOCAL LAW), IN ITS SOLE DISCRETION, TO MONITOR YOUR ACCOUNT, INCLUDING BUT NOT LIMITED TO THE USE OF A USER’S MAIN ACCOUNT AND ANY SUB-ACCOUNTS, FOR THE PURPOSE OF INVESTIGATING VIOLATIONS OF THIS AGREEMENT OR TO ASSIST WITH CRIMINAL OR CIVIL INVESTIGATIONS AND AT ALL TIMES IN COMPLAINCE WITH THE COMMUNICATIONS ASSISTANCE FOR LAW ENFORCEMENT ACT OF 1994.
INTERNATIONAL CUSTOMERS UNDERSTAND AND AGREE THAT THE SERVICES ARE PROVIDED BY GLACIER IN THE UNITED STATES OF AMERICA. YOU FURTHER AGREE THAT THE PERSONAL INFORMATION WHICH YOU GIVE GLACIER WILL BE TRANSFERRED TO AND MAINTAINED IN THE UNITED STATES AND OTHER COUNTRIES; INCLUDING WITHOUT LIMITATION COUNTRIES IN THE EUROPEAN UNION AND ELSEWHERE. IF YOU DO NOT CONSENT TO THE TRANSFER OF YOUR PERSONAL INFORMATION INTO AND OUT OF THE UNITED STATES, DO NOT ACCEPT THESE TERMS AND CONDITIONS FOR THE GLACIER SERVICE. YOU FURTHER UNDERSTAND AND AGREE THAT REGARDLESS OF YOUR COUNTRY OF RESIDENCE GLACIER MAY DISCLOSE PERSONAL INFORMATION ABOUT YOU AND YOUR WEBSITE OR DOMAIN NAMES PURSUANT TO THIS SECTION, AND YOU EXPLICITLY WAIVE ANY RIGHTS TO PRIVACY OR PROTECTION OF PERSONAL DATA RELATING TO SUCH INFORMATION TO THE FULLEST EXTENT PERMITTED UNDER NATIONAL AND INTERNATIONAL LAW.
11. Equipment. Notwithstanding anything else in the Agreement, it is Customer’s responsibility to ensure all equipment used with the Services are properly configured and maintained. Any equipment, whether it is customer owned, leased from Glacier or provided to Customer by Glacier (CPTE) for use in conjunction with Services will be subject to the terms and conditions set forth below or in the Agreement. Customer must unpack and place the equipment in a secure and environmentally controlled space that is within 50 feet of the LEC point of demarcation (“demarc”). Customer also agrees to provide the analog POTS line that will at all times remain plugged into the provided equipment. The number for the analog line shall be provided to Glacier’s provisioning staff prior to turn up, and the line shall be in good working order on the date and time of the turn up. The cost and maintenance of the analog line is the Customer’s responsibility. If at any time during the Services Term a piece of equipment fails and is in need of replacing, Glacier may provide replacement equipment. The equipment failure shall be determined by Glacier or its third-party subcontractors working with the customer in conjunction of Glacier’s technical staff. Once determined by Glacier, in its sole discretion, that the equipment is need of replacing, Glacier may, in its sole discretion, ship replacement equipment to Customer’s site. If Glacier installs or provides equipment on Customer’s premises for the purpose of enabling Glacier to provide the Services to Customer, Customer agrees to provide Glacier reasonable access into Customer’s premises for the purpose of installation, demonstration, inspection, maintenance, repair and removal of the equipment, as well as Glacier’s installers with a safe working environment. Additionally, Customer acknowledges that it will have no right, title or interest in any equipment that Glacier installs. Glacier and Customer agree that the equipment will not become a fixture and Customer shall keep the equipment free from all liens, charges and encumbrances. Customer agrees: (1) to use the equipment only for the purpose of receiving Services ordered from Glacier and no other purpose; (2) to prevent any connections to the equipment that are not expressly authorized by Glacier; (3) to prevent tampering, altering or repair of the equipment, or inside wiring, by any person other than Glacier’s authorized personnel; (4) to assume complete responsibility for improper use, damage or loss of such equipment regardless of cause (including damage or loss caused by force majeure events), except to the extent caused by Glacier or its suppliers; and (5) to return the equipment in good condition, ordinary wear and tear resulting from proper use excepted, immediately upon discontinuance of Service. In the event the equipment is not returned in good condition, Customer agrees to pay Glacier an amount for each equipment device in accordance with Glacier’s standard equipment costs. If Glacier is providing equipment maintenance services, it will be in accordance with its maintenance contract terms of services found at www.glaciernetworks.net.
12. Compliance with Laws. Customer shall at all times conform its use of and comply with all state, federal and international laws with respect to its utilization of the Service. If Glacier is informed by any governmental authority or other parties of alleged illegal use of Glacier facilities or Glacier otherwise learns of such use or has reason to believe such use may be occurring, then Customer will cooperate in any resulting investigation by Glacier or government authorities. Any government determinations will be binding on Customer. If Customer fails to cooperate with any such investigation or determination, or fails to immediately rectify any illegal use, Customer will be in breach of this Agreement and Glacier may immediately, and without further notice, suspend Customer’s Service. Your use of Glacier network may only be for lawful purposes. Transmission of any material in violation of any law, regulation or Glacier Acceptable Use Policy found at www.glaciernetworks.net is strictly prohibited. You agree to hold harmless Glacier from any claims resulting from your use of the Service or the use of the Service by any of your customers or others throughout your chain of distribution, including end users, which damage you or another party.
13. Software. Glacier may, in its sole discretion, provide you with Glacier software (“Software”) in combination with your Services. Upon payment of all fees due and owing to Glacier under this Agreement, Glacier hereby grants, and you hereby accept, a nontransferable, revocable, non-sublicensable, and non-exclusive license to use the Glacier Software and all related documentation for your own personal or business use during the term of this Agreement. Any rights not expressly granted herein shall be reserved for Glacier. Source code or other information pertaining to the logic design of the Glacier Software is specifically excluded from the license granted hereunder.
Although certain Glacier Software may be provided free of charge, Glacier reserves the right to charge for the Glacier Software or any updates thereto or upgrades therefore at any time. You recognize that the Glacier Software and all related information, including but not limited to any and all updates, improvements, modifications, enhancements, and information related to installation of the Glacier Software at your home or office, are proprietary, and that all rights thereto, including copyright, are owned by Glacier. You further acknowledge that you have been advised that the Glacier Software, including updates, improvements, modifications, enhancements, and information related to installation, constitutes a trade secret of Glacier, is protected by civil and criminal law, and by the law of copyright, is valuable and confidential to Glacier, and that its use and disclosure must be carefully and continuously controlled. Glacier shall at all times retain title to all the Glacier Software and all related information, including all updates, improvements, modifications and enhancements, furnished to you hereunder. Unless provided otherwise in the specifications for Your Services, the Glacier Software supplied hereunder is for your personal or business use. You shall not permit any third party to use the Glacier Software or allow access to the Glacier Software from sites outside of your home or business premises except as specifically authorized in writing by Glacier. The Glacier Software is to be used only for the purposes specified in this Agreement and while you have custody or possession of any of the Software, you will not: (i) reproduce, copy or publicly display, or permit anyone else to reproduce, copy or publicly display, any of the Glacier Software, whether such Glacier Software is in written, magnetic or any other form, except pursuant to reasonable backup procedures, or for use pursuant to this Agreement, nor; (ii) provide or make the Glacier Software available to any person or entity other than your employees or agents who have a need to know consistent with your use thereof under this Agreement, nor; (iii) create or attempt to create, or permit others to create or attempt to create, by disassembling, reverse engineering or otherwise, the source programs or any part thereof from the object program or from other information (whether oral, written, tangible or intangible) made available to you under this Agreement, nor; (iv) copy for your own use or the use of others operator manuals, system reference guides, training materials and other user-oriented materials without the prior written consent of Glacier. In order to protect Glacier’s trade secrets and copyrights in the Glacier Software, you agree to reproduce and incorporate Glacier’s trade secrets or copyright notice in any copies, modifications or partial copies.
You agree to notify Glacier forthwith if you obtain information as to any unauthorized possession, use or disclosure of any Glacier Software by any person or entity, and further agree to cooperate with Glacier at Glacier’s expense, in protecting Glacier’s proprietary rights. Unless agreed otherwise in writing by Glacier, the Glacier Software may be used only on a single computer or workstation. Glacier software designed for use on portable workstations may be installed on both a portable and a stationary computer but may not be used on both simultaneously. You may not install the Glacier Software on a network except to facilitate permissible installation of the Glacier Software on computers attached to the network. You warrant and guarantee that all users of the software shall be aware of and comply with the terms of this license.
Certain Glacier Software is provided for online use as part of the Glacier Services (the “Glacier Online Software”), and the use of such software may be subject to fees as outlined in this Agreement. The Glacier Online Software is hosted software which runs directly on Glacier’s servers, and you may not download, install, store or make any copies of the Glacier Online Software, nor may you sublicense the Glacier Online Software. You agree not in any way to translate, decompile, reverse engineer, disassemble, modify, reproduce, rent, lease, lend, license, distribute, market or otherwise dispose of any portion of the Glacier Online Software or any copies thereof and not to assist any third party in doing so. The Glacier Online Software is designed to be used through the Glacier user interface and, as such, may be utilized by any authorized user from any computer or workstation. This license is automatically revoked upon termination of this Agreement. Glacier reserves the right to suspend the use of, modify or discontinue the Glacier Online Software for any or all customers at any time without notice. Certain Online Software is also Third-Party Software and is subject to the applicable provisions of this Agreement. Glacier may limit the functionality of any such third-party Online Software, in its sole discretion. Glacier provides its customers with the ability to order certain third-party software (the “Third Party Software”), depending on the hosting package ordered. Except for Third Party Software which is also Online Software, such Third-Party Software is delivered to Glacier Customers by mail and may be ordered via customer’s control panel for a period of six months after the commencement of the Glacier Services. The license conditions governing the use of the Third-Party Software may differ from Glacier’s own software licenses. Customers of Glacier are bound by the conditions of all licenses pertaining to such Third-Party Software and should make themselves familiar with their terms and conditions. Some such Third-Party Software is provided under license from Microsoft Corporation (“Microsoft Software”), and Customers using Microsoft Software are bound by the TERMS AND CONDITIONS Microsoft Software Products, which are incorporated herein by reference. Glacier does not provide Technical Support for the Third-Party Software. THE THIRD-PARTY SOFTWARE IS OFFERED “AS-IS.” THE PROVISION AND OFFERING OF THIRD PARTY SOFTWARE BY Glacier DOES NOT CONSTITUTE AN ENDORSEMENT OF THE THIRD-PARTY SOFTWARE, NOR CAN Glacier MAKE ANY REPRESENTATIONS OR WARRANTIES REGARDING THE USE AND FUNCTIONALITY OF SUCH THIRD-PARTY SOFTWARE. In the event of termination of this Agreement, or upon any act which shall give rise to Glacier’s right to terminate, or upon the expiration of the license for Glacier Software which is subject to a limited-duration license, any and all licenses granted under this Agreement shall terminate automatically, and you will remove, erase or destroy the Glacier Software and documentation and all copies thereof, wherever located, without demand or notice.
Glacier may stop providing the Software or any updates thereto, including but not limited to the Online Software or the Third-Party Software, at any time without notice or any further liability to You.
Software for International Customers is available for download only. Certain Software (including Third-Party Software) may not be available to International Customers.
14. Choice of Law//Waiver of Jury Trial. This Agreement shall be interpreted according to the laws of the State of New York, United States of America, and, where applicable, the federal law of the United States of America, without regard to conflicts of law principles. All claims under the Agreement must be brought in the home jurisdiction of Glacier.
In addition to the foregoing, YOU HEREBY AGREE THAT AS A PART OF THE CONSIDERATION FOR THIS AGREEMENT, YOU WAIVE THE RIGHT TO A TRIAL BY JURY FOR ANY DISPUTE ARISING BETWEEN YOU AND GLACIER THAT IS IN ANY WAY RELATED TO THE SUBJECT MATTER OF THIS AGREEMENT, and that such waiver shall be enforceable up to and including the day that trial is to start, and even if the arbitration provisions of this paragraph are waived. Neither you nor Glacier may be a representative of other potential claimants or a class of potential claimants in any dispute concerning or relating to this Agreement, nor may two or more individuals’ disputes be consolidated or otherwise determined in one proceeding. YOU AND GLACIER ACKNOWLEDGE THAT THIS SECTION WAIVES ANY RIGHT TO PARTICIPATION AS A PLAINTIFF OR AS A CLASS MEMBER IN ANY CLASS ACTION.
15. Confidentiality, Trademark, and Copyright. During the course of this Agreement you may gain access to certain confidential, proprietary and trade secret business or technical information belonging to Glacier in connection with Glacier’s performance of the Glacier Services (“Confidential Information”). You agree to preserve the confidentiality of all Confidential Information that is provided in connection with the Agreement, and shall not, without the prior written consent of Glacier, disclose or make available to any person, or use for your own or any other person’s benefit, other than as necessary in performance of your obligations under this Agreement, any Confidential Information of Glacier. Glacier retains all right and title to such Confidential Information. Glacier is a service mark of Glacier Networks, Inc. All rights reserved. The trademarks, logos, and service marks displayed on this Glacier’s web site (collectively, the “Marks”) belong to Glacier and/or its affiliates or third parties which have licensed those rights to Glacier (“Partners”); Glacier and Partners retain all rights to the Marks and nothing in this Agreement grants you or anyone else any right whatsoever to the use of the Marks. You may not use, reproduce, or display any Marks without their owner’s prior written consent. All other trademarks, product names, and company names and logos appearing on Glacier’s web site are the property of their respective owners. Unless expressly stated otherwise by Glacier, you should assume that all content, images, and materials appearing on this Web Site (collectively the “Glacier Content”) are the sole property of Glacier. Both U.S. and international copyright laws and treaties protect such Glacier Content. You may not use, reproduce, display, or sell any Glacier Content without Glacier’s prior written consent. You may not link to any page within Glacier’s Web Site or frame any portion of the site without Glacier’s prior written consent.
16. Severability. In case any one or more of the provisions contained in this Agreement shall for any reason be held to be invalid, illegal or unenforceable in any respect, such invalidity, illegality or unenforceability shall not affect any other provision hereof, and this Agreement shall be construed as if such invalid, illegal or unenforceable provision(s) had never been included. The invalidity or unenforceability of any provision(s) of this Agreement shall not affect the validity or enforceability of any other provision.
17. Non-Enforcement Does Not Constitute Waiver. Failure of Glacier at any time to enforce any of the specific provisions of this Agreement shall not preclude any other or further enforcement of such provision(s) or the exercise of any other right hereunder. No waiver of a breach of this Agreement shall be valid unless made in writing and signed by duly authorized representative of Glacier.
18. Notices. Glacier may provide notice to you via e-mail sent to the e-mail address provided by you upon registration or as subsequently provided by you to Glacier. Such notice is deemed effective whether you receive it or not and shall be deemed written notice for the purposes of this Agreement. You may provide notice to Glacier in one of the following ways: by personal delivery; by addressing the notice as indicated below and depositing the same by registered or certified mail, postage prepaid, in the United States mail, Glacier Networks, Inc., 65 Broadway, Suite 1802, New York, NY 10006; By Federal Express; by facsimile transmission; or by e-mail and registered or certified mail. Such notice, statement or other document so delivered to Glacier, except as this Agreement expressly provides otherwise, shall be conclusively deemed to have been given when first personally delivered, on the date of delivery or on the first date of receipt. Notice by e-mail to Glacier shall be deemed ineffective, null and void unless a copy of such notice is also sent by registered or certified mail and postmarked not more than five days subsequent to the giving of e-mail notice. Any such e-mail notice to Glacier shall be deemed effective as of the date on which Glacier receives the certified or registered mail notice.
19. Force Majeure. In the event of “force majeure” (as defined below), Glacier may terminate this Agreement without liability to you. For purposes of the Agreement, “force majeure” shall mean circumstances or occurrences beyond Glacier’s reasonable control, whether or not foreseeable at the time of entering into the Agreement, in consequence of which Glacier cannot reasonably be required to perform its obligations hereunder or otherwise perform its obligations under the Agreement. Such circumstances or occurrences include, but are not limited to: acts of God, war, civil war, insurrection, fires, floods, labor disputes, epidemics, governmental regulations and/or similar acts, embargoes, termination or temporary unavailability of any computer hardware or software, server, or network on which the Glacier Services are located or maintained or through which the Glacier Services are provided, and non-availability of any permits, licenses and/or authorizations required by governmental authority. Glacier reserves the right at any time and from time to time to modify or discontinue, temporarily or permanently, the Glacier Services (or any part thereof) with or without notice. You agree that Glacier shall not be liable to you or to any third party for any modification, suspension or discontinuance of the Glacier Services.
20. No Assignment By You; Assignment By Glacier. This Agreement and the rights pertaining hereto may not be assigned, resold, or otherwise transferred in whole or in part by you without Glacier’s prior written consent. In particular, you may not sell accounts or subaccounts to third parties. Notwithstanding the above, this Agreement shall be binding upon your successors and assigns, if any. Glacier may assign or license any or all of its rights and/or obligations hereunder in its free, sole, and unfettered discretion.
21. Entire Agreement. This Agreement constitutes the entire agreement of the parties with respect to the subject matter hereof, and supersedes and cancels all other prior agreements, discussion, or representations, whether written or oral. No officer, employee or representative of Glacier or you has any authority to make any representation or promise in connection with this Agreement or the subject matter thereof which is not contained expressly in this Agreement, and Glacier and you hereby acknowledge and agree that neither Glacier nor you have executed this Agreement in reliance upon any such representation or promise.
22. Modification. This Agreement may be materially altered by Glacier by posting the new version of the Agreement at www.glaciernetworks.net and if posted in this manner, shall be effective immediately upon posting such notice. In the event that Glacier does materially change the terms of this Agreement, you accept and shall be bound by such changed terms unless you opt to terminate the Agreement within thirty days of the posting of notice of such change. You may not modify this Agreement, in whole or in part, and any such modification or attempt to modify shall not be enforceable unless reduced to writing and signed by a duly authorized representative of Glacier. No additional or conflicting term in any other document used by you will have any legal effect.
23. Statute Of Limitations. you agree that regardless of any statute or law to the contrary, any claim or cause of action arising out of or related to use of the Service or this Agreement must be filed within one year after such claim or cause of action arose or be forever barred.
In addition to the Master Service Agreement General Terms of Services, the following Terms of Services shall apply to Glacier’s voice Services.
E911/911: The Glacier voice Services are subject to restrictions and disclaimers on the E911/911 services that can be found at www.glaciernetworks.net. Any use of call forwarding to mobile phones or the use of VoIP to mobile software applications will not be compatible with Glacier’s E911/911 services and 911 calls will have to be routed by your mobile provider.
Operational Matters. The Customer shall be solely responsible at its own expense for connecting to the Glacier VOIP network, for procuring the necessary facilities or equipment required to interconnect and for coordinating the provisioning of its respective matching facilities and/or equipment to utilize the Services. Glacier will use its best endeavors to provide the Services on the anticipated date of Services commencement. The Parties shall coordinate the management of their respective system facilities, with each Party being responsible for providing and operating, at its own expense, its respective network facilities.
Telemarketing Traffic. Glacier does not accept for termination any dialer–originated telemarketing traffic or any fax broadcasts, including any traffic that would violate the Telephone Consumer Protection Act (“TCPA”), which prohibits the sending of facsimile advertisements without the prior consent of the recipient, do not call laws, or similar consumer protection laws.
Traffic Control By Customer. In addition to any other terms and conditions of the Agreement or the TOS, Customer shall bear the following responsibilities in connection with the Service:
Customer shall manage the integrity of the traffic egressing Customer’s network;
Customer shall screen, and block calls destined to (a) unassigned numbers or (b) numbers with invalid formats;
Customer shall manage and correct, as necessary, any fraudulent calling patterns or calling patterns perceived as fraudulent that may harm or adversely affect Glacier or its network.
In the event that Customer fails to comply with the requirements described above, Glacier shall have the right (but not the obligation) to take protective action against Customer in order to protect Glacier’s egress network, which protective action may include, without limitation, the temporary blocking of Customer’s traffic until the applicable problem is reasonably resolved.
Service Limitations. The Service is not intended to replace Customer’s primary phone service. All telecommunications traffic carried by the Service(s) must be IP originated. Customer acknowledges and agrees that the Service(s) may not be compatible with all communication equipment. In addition, different regulatory treatment may be applied to the Service(s) than is applied to other telecommunications services, which may affect Customer’s rights before regulatory agencies and other governmental bodies.
Glacier does not support 0+ calling (including without limitation collect or third-party billing), 900 and 976 calls, and 10-10 “dial-around” calls. The Service(s) may not support 311, 411, 511 and/or other x11 services in some or all Service areas. Customer understands and acknowledges that access to the aforementioned functionality is not part of the Service(s).
Customer Network Facilities. Customer shall be solely responsible for any installation, testing, maintenance and security of its own network facilities.
Database Updates. Customer shall furnish all information reasonably requested by Glacier in order for Glacier to provide each Service. Customer shall ensure that all information and data that it has given or that it will give to Glacier, including but not limited to Customer’s billing information, mailing address and email address, is current and accurate at all times. Glacier shall have no responsibility to verify the accuracy of any information provided by Customer and shall have no liabilities or obligation relative to any amount billed or notices delivered incorrectly as a result of inaccurate information provided by Customer and Customer’s failure to correct or update the same.
Traffic Requirements. If during any 24-hour period, Customer’s Answer Seizure Ratio (ASR) is calculated by Glacier to be below 60.0% and/or the Average Length of Call (ALOC) is calculated by Glacier to be below 60.0 seconds, Glacier may immediately and without notice:
- Charge Customer a surcharge of $0.01 per call attempt, which shall be in addition to all other fees and charges billed to Customer for its consumption of the Service(s); or
- Modify its billing method and charge Customer for its consumption of Service(s) in accordance with Glacier’s then current Short Duration Rate Deck.
Local Number Portability (LNP). If Customer desires to port a number either to or from Glacier’s network, Customer shall execute and/or deliver to Glacier all documents and information requested by Glacier, including, but not limited to, all required Letters of Authorization (“LOA”). Customer acknowledges and agrees that Glacier shall have the right to refuse to port any number to its network for any reason. Customer agrees that Glacier, in its sole discretion, may port a number to any third-party provider selected by Glacier in order to provide the Service(s), and that Glacier may be required to be named as the Customer of Record for such number. Glacier will make reasonable commercial efforts to execute all port requests; however, Glacier has no control over any porting process (either to or from Glacier’s network). As such, Glacier makes no guaranties or warranties that a number will be ported on a particular day, or that a submitted port request will actually result in the number being ported. Glacier will inform Customer of port dates when such dates are known to Glacier. Glacier reserves the right to change the port date in its sole discretion. Customer agrees to comply with all applicable rules, regulations and orders, including but not limited to all FCC and public utility commission rules regarding number porting. Glacier makes no warranty that the Service(s) associated with a number will be uninterrupted or error free during any porting process. Customer acknowledges that, if any account associated with the number being ported is canceled or suspended prior to the port date, such number may not be eligible for porting. A port request to Glacier to move a number away from Glacier does not act to terminate Customer’s Agreement. It is Customer’s sole responsibility and obligation to cancel its account(s) with Glacier in addition to submitting a port request and Customer shall be solely responsible for any contractual obligations it has with such Glacier and any applicable fees and charges, including early termination fees. Number porting is done at the Customer’s sole risk. Under no circumstances shall Glacier be liable for any damages, including, without limitation, loss of profits, associated with porting or not porting a number. Customer agrees to indemnify and hold Glacier, the third party vendors, and the parent companies, sister companies, employees, directors, officers and shareholders of the same, harmless from and against any and all claims, liabilities, losses, judgments, damages and expenses, including without limitation attorneys’ fees and costs of litigation, incurred or suffered by such party relating to or arising out of any number port requested by Customer, including those arising from any slamming complaints.
Customer acknowledges that requests to port numbers away from Glacier’s Network will be completed not less than seven (7) days from the date of the request. Customer also acknowledges that it will not port any vanity or 800 numbers without verification from the end user. Customer agrees to comply with all LNP policies established from time to time by Glacier. Glacier may modify its LNP policies at any time with or without notice to Customer and customer agrees to comply with all such modifications.
Usage. Glacier reserves the right, in its sole discretion, to examine Customer’s voice, fax and toll-free calling usage pattern and adjust the rates or impose a surcharge if such usage pattern is not normal or customary under generally accepted industry standards for the type of voice Service being used (“Non-Customary Calling”). In the event Glacier adjusts Customer’s rates due to Non-Customary Calling, Customer’s sole and exclusive remedy shall be to terminate the remaining usage commitment (if any) under the applicable Service Order. In such event, Customer shall continue to be liable for any access loop monthly recurring charges through the remainder of the Service Order Term.
If 10% or more of Customer’s completed calls during any billing cycle constitute calls with a duration of less than six seconds in length (each, a “Short Duration Call”), Glacier may charge each Short Duration Call during such Billing Cycle (including those Short Duration Calls under the 10% threshold) an additional $0.015 surcharge per call. Glacier shall rate all such calls to the fourth (4th) decimal. In the event of any inconsistency between the provisions of this paragraph and an applicable pricing table set forth in an Attachment or a Service Order, the provisions in this paragraph shall control.
If the completion percentage of Customer’s attempted calls is in excess of 50% (the “Non-Completed Call Percentage Threshold”) for any given week on any given trunk group, Glacier may, in its sole discretion: (a) upon 30 calendar days email notice, disconnect any and all circuits providing the applicable Service; or (b) charge a surcharge equal to $20 per DS-O for all circuits providing such Service.
All domestic calls will be rated in six (6) second increments with a six (6) second per call minimum and rounded to the third decimal place for each call charge. All international and calling card calls will be rated in six (6) second increments with a thirty (30) second per call minimum and rounded to the third decimal place for each call charge except Mexico, which will be rated in sixty (60) second increments.
For purposes of this section and the subparagraphs thereunder, the following terms and definitions shall apply. “Time Point” or “TP” shall be the measurement method for call duration. TP-1 is the “request for service event”; TP-6 is the “answer detected event”; TP-7 is the “call disconnect event”. Call duration shall be measured as follows: for Carrier Toll-Free Transport (TDM) and CIC products (TDM and VOIP), call duration is measured Disconnect time (Time Point 7 minus Start time (Time Point 1); or for all other circuit switched and NOS products (TDM), call duration is conversation time and is measured Disconnect time (Time Point 7) minus Service Established time (Time Point 6); or (c) for VoIP Services, call duration is conversation time and is measured as Disconnect Time (BYE message) minus Service Established time.
The following minimum utilization requirement (“Utilization Commitment”) shall apply to end user dedicated 1+ outbound service and end user Dedicated 8xx Inbound Service:
No Glacier port (“Port”) to which any dedicated access loop (“DAL”) is connected may have zero traffic utilization for thirty (30) consecutive days following the first three (3) calendar months after connection of the Port to the DAL.
If the Customer violates the foregoing Utilization Commitment, Glacier may, in its sole discretion and upon thirty (30) calendar days e-mail notice, disconnect the DAL from the Port. This will not excuse Customer from paying the monthly charge for such Loop or release Customer from any monthly usage commitment set forth in any applicable Service Order.
Subject to Glacier’s Underutilization Policy, if in any applicable monthly or annual period, Customer’s total utilization is less than the Utilization Commitment, Customer shall pay Glacier an underutilization charge (“Underutilization Charge”) equal to the difference between the Utilization Commitment and Customer’s total utilization of the applicable Services for such monthly or annual period. Such payment shall be in addition to any current usage or recurring monthly charges and shall be paid within thirty (30) days of Customer’s receipt of an invoice containing such Underutilization Charge(s). Customer hereby agrees that the Utilization Commitment and Underutilization Charge(s) are reasonable.
Customer is solely responsible for fraudulent calls or data transmitted utilizing the Services. Customer is solely responsible for selection, implementation and maintenance of security features for protection against unauthorized calling, and Glacier shall have no liability therefor. Customer is solely responsible for payment of all long distance, toll and other telecommunications charges incurred through use of the Services being provided hereunder regardless of whether such use was intended or authorized by Customer. Customer shall defend, indemnify and hold harmless Glacier from and against all costs, expenses, claims or actions arising from fraudulent calls of any nature carried by means of the Services. Customer shall not be excused from paying Glacier for Services provided to Customer or any portion thereof on the basis that fraudulent calls comprised a corresponding portion of the Services. In the event Glacier discovers fraudulent calls being made, nothing contained herein shall prohibit Glacier from taking immediate action, without notice to Customer, that is reasonably necessary to prevent such calls from taking place. Notwithstanding the foregoing, it is understood that Glacier is under no obligation to investigate the authenticity of calls charged to Customer’s account and shall not be liable for any fraudulent calls processed by Glacier and billed to Customer’s account.
Red Flag Rules/Identity Theft Compliance Policy. Glacier has a Red Flag Rules and Identity Theft policy located www.glaciernetworks.net.
Recording of Calls. Glacier hereby puts Customer on notice that any calls between Customer and Glacier personnel may be recorded for quality assurance and other commercially reasonable purpose. Customer hereby acknowledges and agrees that such calls may be recorded. Customer is solely responsible for complying with all one-party and two-party consent rules regarding the recording of telephone calls.
Service Delivery. Glacier will deliver Service to the network point of presence (POP) or demarc, and a Service is considered installed and working when it is turned over clean at the POP or demark, as applicable. Extension of Service beyond the demarc is the responsibility of Customer. If Customer elects to and use Glacier and Glacier chooses to extend the beyond the demarc, the Service will not be covered under Glacier’s SLA. If Glacier extends Service beyond the demarc, the Service will be considered in working condition once accepted by Customer and Glacier will have no further obligation to maintain the Service. Any delay in extension of the Service beyond the demarc by Glacier will not delay the billing of the Service or Customer’s liability for such billing.
CPNI. Glacier acknowledges that it has a duty, and Customer has a right, under federal and/or state law to protect the confidentiality of Customer’s proprietary network information (“CPNI”). Such CPNI includes information about the telecommunications Services purchased by Customer from Glacier, Customer account activity (for example, telephone numbers) and charges incurred by Customer. With Customer’s consent, Glacier may use this information for marketing purposes to offer Customer the full range of products and services available from Glacier that may be different from the type of Services Customer currently buys from Glacier. In addition to private line and other dedicated transport services, Glacier and Glacier affiliate’s offer other services, including voice, collocation, hardware (by sale or lease) and managed services. A more complete description of Glacier and its product and service offerings are available at www.glaciernetworks.net or Customer may contact its Glacier account manager. Glacier may also share Customer information with its affiliates, agents and partners to offer the services and products described above. Glacier requires Customer’s consent for Glacier and its affiliates, agents and partners to use this information to offer the services and products described above. By signing the Agreement and taking no further action, Customer gives Glacier Customer’s consent to use and disclose Customer CPNI as described above. Customer may refuse CPNI consent by signing the Agreement but then notifying Glacier in writing of Customer’s decision to withhold Customer’s consent. Customer’s consent or refusal to consent will remain valid until Customer otherwise advises Glacier Customer’s decision to approve or disapprove use or disclosure of Customer CPNI as described in this section will not affect Glacier’s provision of Service to Customer. A separate description of Glacier’s CPNI Policy is set forth at www.glaciercom.com, the contents of which are hereby incorporated in these TOS as if copied herein verbatim.
Miscellaneous. Customer shall ensure that it provides a fully switched one hundred (100) Mbps Ethernet Local Area Network (“LAN”) without hubs, with CAT5 wiring or better throughout and provide LAN ports and 120 VAC receptacles for all phones.
- Multicast-enabled switches are required to use paging of idle phones features.
- For complex LAN’s, Customer shall provide diagrams, including, WAN connectivity, gateways, firewalls, routers, switches and Public IP addresses.
Customer shall ensure that the Service will not be used for the transmission of, or receiving data, including but not limited to faxes, POS terminals, Credit Card Authorization (“CCA”) terminals, or alarm lines. Alarm lines are not supported by the Service due to the method by which alarm lines signal the central monitoring station (e.g. no error correction, no facilities for jitter and or delay, and the like).
Customer shall ensure that the Services are used with auto dialers, telemarketing applications, fax machines, Automated Teller Machines or switching equipment.
Upon termination or expiration of the Agreement, Customer must return all Glacier-provided customer premises telephone equipment belonging to Glacier (CPTE) in good working condition within thirty (30) days of the termination and or expiration, reasonable wear and tear excluded. Customer shall be liable for any damage to Glacier-provided CPTE that, in Glacier’s sole discretion, is beyond reasonable wear and tear; and, for any Glacier-provided CPTE that is not returned as set forth herein.
Glacier and its underlying service providers conduct random audits to verify IP address usage. Glacier will notify Customer via email two (2) weeks prior to any withdrawal of IP addresses. Customers whose IP addresses are withdrawn may be re-assigned smaller blocks of IP addresses.
Customer is solely responsible for fraudulent calls or data transmitted utilizing the Services. Customer is solely responsible for selection, implementation and maintenance of security features for protection of data circuits and IP Addresses and against unauthorized calling, and Glacier shall have no liability therefor. Customer is solely responsible for payment of all long distance, toll and other telecommunications charges incurred through use of the Services being provided hereunder regardless of whether such use was intended or authorized by Customer. Customer shall defend, indemnify and hold harmless Glacier from and against all costs, expenses, claims or actions arising from fraudulent use of data circuits, IP Addresses or fraudulent calls of any nature carried by means of the Services. Customer shall not be excused from paying Glacier for Services provided to Customer or any portion thereof on the basis that fraudulent calls comprised a corresponding portion of the Services. In the event Glacier discovers fraudulent use of IP Addresses or fraudulent calls being made, nothing contained herein shall prohibit Glacier from taking immediate action, without notice to Customer, that is reasonably necessary to prevent such calls from taking place. Notwithstanding the foregoing, it is understood that Glacier is under no obligation to investigate the authenticity of calls charged to Customer’s account and shall not be liable for any fraudulent calls processed by Glacier and billed to Customer’s account.
This Policy contains guidelines for compliance with the Federal Trade Commission’s (“FTC”) “Red Flag Rules,” and establishes an Identity Theft Detection, Prevention, and Mitigation Program (“Program”) [Part I, below] and a policy for addressing discrepancies in consumer reports [Part II, below] for Glacier Networks, Inc. (the “Company”). The Company is a telecommunications service provider regulated by various state public utility commissions (“PUCs”) and the Federal Communications Commission (“FCC”).
The FTC’s Red Flag Rules were published in the Federal Register on November 9, 2007, and some of the rules became effective on November 1, 2008. Other aspects of the rules are effective November 1, 2009. The Red Flag Rules applicable to telecommunications carriers are summarized in 16 C.F.R. Section 681, and Appendix A to Section 681. The Company has reviewed these authorities and has fashioned a Program that complies with the Red Flag Rules’ requirements. The Program described in this Policy is designed to work in concert with the Company’s policy regarding the protection of Customer Proprietary Network Information (“CPNI”). The Company’ CPNI policy is embodied in a separate, written policy designed to protect and regulate the use of CPNI and other confidential subscriber information. This policy is contained in the Company’s Statement of CPNI Operating Procedures and Policies (“CPNI Policies”).
Part I. Identity Theft Mitigation Policy
I. Purpose and Effective Date of the Program.
As an entity that collects, stores, and grants access to certain confidential subscriber information, the Company has taken steps to identify “red flags” that may be indicators of possible efforts by third parties to obtain unauthorized access to that information. The Company is committed to protecting their customers’ privacy, and, as such, the Company has implemented procedures to detect possible efforts to engage in identity theft. The Company has designed their procedures to help prevent identity theft, and to help mitigate the effects of identity theft when it does occur. The Company’s Red Flag Rules Program is effective 7/1/2020. Further details about the Program are set forth below.
2. Identifying Possible Identity Theft.
The Company is vigilant in identifying possible attempts at identity theft and other scams through which individuals might attempt to obtain unauthorized access to confidential information about the Company’s customers. The Company’s identification of possible “red flags” associated with identity theft includes consideration of the following indicators:
- News stories, alerts, notifications, warnings, and other public information about identity theft scams, including any notifications from the FCC, the FTC, or the PUCs.
- The presentation of suspicious documents by customers in connection with service initiation, requests for account changes, or requests for access to account information, including the presentation of photo identification that does not match a customer’s physical appearance, the presentation of documents that appear to be forged or altered, and/or the presentation of documents that appear to contain information that is inconsistent with other information that the Company has in its records regarding a customer.
- The presentation of suspicious personal identifying information in connection with service initiation, requests for account changes, or requests for access to account information. Multiple failed attempts to access the Company’s online account system and multiple failed attempts to complete the authentication process for receiving access to account information will be considered “red flags” for the purpose of identifying possible identity theft.
- Unusual account activity, including material changes in payment patterns, calling patterns, and unusual modifications to account information.
- Multiple instances where a customer’s mail is returned as undeliverable.
- Unusual activity in connection with adding or removing authorized individuals from an account.
- Account activity that is inconsistent with a customer’s election not to permit publication of his or her telephone number and address.
- Where the Company has been notified by a customer, a regulatory agency, a credit reporting agency, or a law enforcement entity that a particular individual or account is at risk for identity theft.
None of these factors in isolation will be considered conclusive evidence that identity theft has occurred or will occur in the future, nor is this an exclusive list of the possible indicators of identity theft. However, the list of possible “red flags” above, considered together, reflects the most common set of indicators of possible identity theft that are relevant to the Company’s circumstances and business models.
III. Detecting Possible Identity Theft.
In compliance with the FCC’s rules governing CPNI, the Company has adopted a written CPNI Policies, as described above. The customer authentication and authorization procedures described in the CPNI Policies are designed to protect against identity theft by controlling access to customers’ account information, and by requiring that customers be sufficiently authenticated prior to being given access to such information. Multiple failed authentications in connection with a single account may raise a “red flag” for identity theft. The Company’s customer service representatives and employees in the business office who come into contact with customers are trained to report suspicious activity to their supervisors for further consideration. Supervisors have been instructed to report such suspicious activity to the Company’s CPNI Compliance Officer as appropriate. The CPNI Compliance Officer will also be the primary point of contact for identify any “red flags” indicating possible identity theft in connection with this Red Flag Rules Program.
IV. Preventing and Mitigating Identity Theft.
The Company will evaluate each possible indicator of identity theft on a case-by-case basis as appropriate to protect the Company’s customers and preserve the confidentiality of customers’ account information. Although different responses will be appropriate in different cases, the Company will consider each of the following alternatives for addressing possible identity theft:
- Monitoring an account more closely to detect further evidence of identity theft.
- Contacting the affected customer to provide notice of the possible identity theft.
- Offering the affected customer, the alternative to change his or her account password.
- Offering the affected customer, the alternative to reopen an account under a new account number.
- Notifying law enforcement and/or relevant regulatory agencies of the possible identity theft.
The Company’s CPNI Compliance Officer will determine whether one or more of the above responses, if any, is appropriate in a particular case.
The Company’s procedures for notifying customers of account changes, and for notifying law enforcement and customers about CPNI breaches also help to prevent and mitigate possible identity theft. Further details about those procedures are provided in the Company’s CPNI Policies.
V. Updates to the Identity Theft Detection, Prevention, and Mitigation Program.
The Company will evaluate its procedures for identifying possible identity theft on an annual basis. The review will be led by the Company’s CPNI Compliance Officer in coordination with the Company’s management and the supervisors of the Company’s various business units. The Company will update this Policy as necessary to account for new identity theft scams and the Company’s experiences in operating under this Policy.
VI. Administration of the Identity Theft Detection, Prevention, and Mitigation Program.
The Company’s CPNI Compliance Officer will have primary responsibility for implementing and ensuring compliance with the Program. Each year, the CPNI Compliance Officer will prepare a report for review by the Company’s management regarding material matters related to the program. The report will evaluate the effectiveness of the policies in the Program, identify any significant incidents involving identity theft and the Company’s responses to such incidents. The report will also present any necessary recommendations regarding material changes to the program, including any recommendations regarding modifications to the Company’s relationships with other service providers and outside vendors that may be appropriate to help protect against identity theft.
VII. Oversight of Relationships with Outside Vendors As Necessary to Protect Against Identity Theft.
As set forth in the Company’s CPNI Policies, the Company has executed Non-Disclosure Agreements with outside vendors as necessary to protect CPNI and other confidential subscriber information. In addition to pursuing such agreements, the Company will evaluate its relationships and agreements with vendors to ensure that those relationships are structured to mitigate or reduce incidences of identity theft.
Part II. Consumer Report Discrepancy Policy: Procedure for Responding to Address Discrepancy Notices Issued by Consumer Reporting Agencies
To the extent that the Company qualifies as “users of consumer reports” under the Fair Credit and Reporting Act, the Company will observe the following procedures in response to “notices of address discrepancy” from consumer reporting agencies. These procedures are effective 7/1/2020.
A. Definitions. The definitions of terms used in this Policy will be the same as the definitions of terms in the Fair Credit Reporting Act, as codified in 15 U.S.C., Section 1681, et seq. The following specific definitions apply:
“Consumer report” is defined as “any written, oral, or other communication of any information by a consumer reporting agency bearing on a consumer’s credit worthiness, credit standing, credit capacity, character, general reputation, personal characteristics, or mode of living which is used or expected to be used or collected in whole or in part for the purpose of serving as a factor in establishing the consumer’s eligibility for credit or insurance to be used primarily for personal, family, or household purposes; employment purposes; or any other purpose authorized under 15 U.S.C., Section 1681b.
“Consumer reporting agency” is defined as “any person which, for monetary fees, dues, or on a cooperative nonprofit basis, regularly engages in whole or in part in the practice of assembling or evaluating consumer credit information or other information on consumers for the purpose of furnishing consumer reports to third parties, and which uses any means or facility of interstate commerce for the purpose of preparing or furnishing consumer reports.”
A “notice of address discrepancy” includes any notice sent to the Company by a consumer reporting agency pursuant to 15 U.S.C. Section 1681c(h)(1) that informs the Company of a substantial difference between the address for the consumer that the Company provided to request a consumer report and the address or addresses in the agency’s file for the consumer.
The Company will be considered a “user of consumer reports” if it relies on “consumer reports” issued by any “consumer reporting agencies” in making employment decisions, in assessing consumers’ credit worthiness in connection with services purchased or requested from the Company, or for any other purpose authorized under the Fair Credit Reporting Act.
B. Investigation Upon Receipt of a Notice of Address Discrepancy.
Upon receipt of a notice of address discrepancy, the Company’s CPNI Compliance Officer will conduct an investigation to determine the proper address of the consumer about whom the Company has sought a consumer report. The CPNI Compliance Officer will take all steps reasonably necessary to form a reasonable belief that the consumer report in question relates to the consumer about whom the consumer information was requested.
The CPNI Compliance Officer will use one or more of the following methods to resolve the address discrepancy, and form a reasonable belief that the consumer report is in fact related to the consumer for which it was sought:
- Verifying the information in the consumer report provided by the consumer reporting agency with the consumer.
- Comparing the information in the consumer report provided by the consumer reporting agency with information the user maintains in its own records, such as applications, change of address notifications, or other customer account records.
- Comparing the information with information about the consumer from third-party sources that contain address information and other identifying information about the consumer.
C. Confirmation of Address with Consumer Reporting Agency.
Upon completion of the investigation described in Section B, above, the CPNI Compliance Officer will arrange for the correct address to be provided to the consumer reporting agency from whom the notice of address discrepancy was received. The CPNI Compliance Officer will furnish a consumer address to the consumer reporting agency only after the Company has reasonably confirmed that the address information is accurate through the methods described in Section B.
The address confirmation will be provided to the consumer reporting agency within a reasonable timeframe, in accordance with the reporting period in which it establishes a relationship with the consumer.
Glacier Networks, Inc. and its affiliates and subsidiaries (“Glacier,” “we,” or “us”) appreciate the opportunity to provide you with a connection to the Internet. This Acceptable Use Policy, together with the terms and conditions for your Internet service, provide guidelines for your conduct on the Internet as a Glacier residential or business customer.
By using Glacier’s Internet services, you agree to comply with this Acceptable Use Policy and to remain responsible for all activity originating from your account. We reserve the right to modify this Acceptable Use Policy from time to time, effective when posted to www.glaciernetworks.net. Your use of the Internet services after changes to the Acceptable Use Policy are posted shall constitute acceptance of any changed or additional terms.
This Acceptable Use Policy applies to Glacier’s data services that provide (or include) access to the Internet, including but not limited to dialup, Broadband DSL, dedicated, data center services, managed security, and cloud firewall services, or that are provided over the Internet or wireless data networks (collectively “Internet Services”).
For ease of reference, this policy addresses the following topics:
- Section 1: Prohibited Activities
- Section 2: Consequences for Activities in Violation of this Policy
- Section 3: Privacy
- Section 4: Account Usage
- Section 5: Copyright Complaints
Section 1: Prohibited Activities
General Prohibitions: It shall be a violation of this Acceptable Use Policy to use our Internet service in any way that is unlawful, harmful to or interferes with use of our network or systems, or the network of any other provider, violates the policies of any network accessed through our Internet service, interferes with the use and enjoyment of services received by others, infringes intellectual property rights, results in the publication of threatening material, or constitutes Spam/E-mail/Usenet abuse, a security risk or a violation of privacy.
If you have any questions regarding this Acceptable Use Policy or wish to report a suspected violation of this policy, you may contact www.glaciernetworks.net.
Intellectual Property Rights: Glacier’s Internet services shall not be used to host, publish, submit/receive, upload/download, post, use, copy or otherwise reproduce, transmit, re-transmit, distribute or store any content/material or to engage in any activity that infringes, misappropriates or otherwise violates the intellectual property rights or privacy or publicity rights of Glacier or any individual, group or entity, including but not limited to rights protected by any intellectual property right.
Child Pornography: Glacier’s Internet services shall not be used to host, publish, submit/receive, upload/download, post, use, copy or otherwise reproduce, transmit, re-transmit, distribute or store child pornography. Suspected violations of this prohibition may be reported to Glacier at the following e-mail address: www.glaciernetworks.net If Glacier receives a complaint of child pornography regarding your use of Glacier’s Internet services and child pornography is apparent in the complaint, we will terminate your Internet service immediately. Further, we will report the complaint, any images received with the complaint, your subscriber information, including your screen name or user identification, your location, your IP address, and the date, time and time zone that the images were transmitted to the National Center for Missing and Exploited Children and to any applicable law enforcement agency.
E-mail and Related Services: Violation of the CAN-SPAM Act of 2003, or any other applicable law regulating e-mail services, constitutes a violation of this Acceptable Use Policy.
Spam/E-mail or Usenet abuse is prohibited using Glacier’s Internet services. Examples of Spam/E-mail or Usenet abuse include, but are not limited to the following activities:
- Sending a harassing e-mail, whether through content, frequency or size
- Sending the same (or substantially similar) unsolicited e-mail message to an excessive number of recipients
- Sending multiple unwanted e-mail messages to the same address, or sending any e-mail that provokes a complaint to Glacier from the recipient
- Continuing to send e-mail to a specific address after the recipient or Glacier has requested you to stop
- Falsifying your e-mail or IP address, or any other identification information
- Using e-mail to originate chain e-mails or originate or forward pyramid-type schemes
- Using a mail server to relay or intercept e-mail without the express permission of the owner
- Placing your web site address, which you have hosted through Glacier, on unsolicited commercial messages
- Sending e-mails, files or other transmissions that exceed contracted for capacity or that create the potential for disruption of Glacier’s network or of the networks with which Glacier interconnects, by virtue of quantity, size or otherwise
- Sending unsolicited mass or commercial e-mail (“spamming”) for any purpose whatsoever. Mass or commercial e-mail may be sent only to recipients who have expressly requested receipt of such e-mails, by the sending of an e-mail request to the person performing the mass or commercial mailings. This exchanging of requests, acknowledgements, and final confirmations (commonly referred to as a “double opt-in” process) must be adhered to in its entirety for any mass or commercial e-mail to be considered “solicited.” If you send mass or commercial e-mail, you must maintain complete and accurate records of all e-mail subscription requests, specifically including the e-mail and associated headers sent by you. Subscriptions that do not have a specific recipient-generated e-mail request associated with them are invalid, and are strictly prohibited. A violation of the CAN-SPAM Act will be considered a violation of this policy.
- Newsgroup spamming or cross-posting the same (or a substantially similar) article to multiple Newsgroups; Many Newsgroups prohibit posting of commercial advertisements or solicitations. Usenet policy prevents off-topic posting of articles. You are required to comply with both Newsgroup(s) and Usenet’s policies. We reserve the right to restrict access to any Newsgroups.
- Using an Internet Relay Chat (“IRC”) bot, or violating any policy of an IRC server, including use of IRC-based telephony and video conferencing. It is your responsibility to determine the acceptable use policies for any IRC server to which you connect. We reserve the right to restrict access to IRC services.
Hacking and Attacks: Hacking or attacking is prohibited using Glacier’s Internet services. Hacking is any unauthorized attempt to monitor access or modify computer system information or interference with normal system operations, whether this involves Glacier equipment or any computer system or network that is accessed through our service. Attacking is any interference with Internet service to any user, host or network, including mail bombing, ping flooding, broadcast attempts or any attempt to overload a system to interrupt service. Examples of hacking and attacking include, but are not limited to the following:
- Satan or port scans, full, half, FIN or stealth (packet sniffing)
- SubSeven port probes
- BO scans or attacks
- Mail host relaying, mail proxying, or hi-jacking
- Telnet, FTP, Rcommands, etc. to internal systems
- Attempts to access privileged or private TCP or UDP ports
- Multiple and frequent finger attempts
- User ID/Password cracking or guessing schemes
- Virus, worms and Trojan horse attacks
- Smurf, teardrop and land attacks
- Participation in botnets, including but not limited to, spam e-mail messages, viruses, computer/server attacks, or committing other kinds of crime and fraud
Network Management: To preserve the integrity of our network, we implement reasonable network management practices to ensure that all customers have an enjoyable experience using the Internet. Glacier’s Internet services shall not be used in a manner that is excessive or unreasonable with respect to frequency, duration or bandwidth consumption when compared to the predominant usage patterns of other customers on a similar service plan or in your geographic area. As technology and customer usage change, Glacier reserves the right to adjust its determination of excessive or unreasonable use. Glacier reserves the right to terminate service that it determines is excessive or unreasonable or to implement charges for excessive or unreasonable usage in its sole discretion. I n the event Glacier determines, in its sole discretion, a customer’s usage is excessive or unreasonable, Glacier will make reasonable efforts to provide customer with notice prior to taking any action regarding customer’s service.
Section 2: Consequences for Activities in Violation of this Policy
Suspension and Termination: Glacier has the right, in its sole discretion, with or without notice, to suspend or terminate your account when you engage in any conduct that violates Glacier’s Terms and Conditions (which includes this policy, your written contract with Glacier, if applicable, or any other Glacier policy applicable to the service) at http://www.Glacier.com/terms.aspx. We will make reasonable efforts to contact you if you are in jeopardy of suspension or termination; however, to protect our network and our customers, we reserve the right to block you first and subsequently contact you. We also reserve the right to cancel e-mail messages and/or restrict the size of e-mail distribution lists.
Charges: You agree to be responsible and pay for any activities that result in damages and/or administrative costs to us or our customers. These damages include but are not limited to the following: system shut downs, retaliatory attacks or data flooding, and loss of peering arrangements. Damages may be as follows:
- Legal fees, subject to a minimum fee of $500
- Activation fee or further deposits to reconnect suspended services
- Simultaneous login (Dial-up services); $1.00 per hour. One-hour minimum charge; time exceeding the first hour will be rounded up to the next hour. Each simultaneous login will be treated as a separate instance of billing.
- Unsolicited bulk e-mail (spam clean-up): You will be charged $300 + $5 per message sent + $100 per complaint received by Glacier.
Glacier reserves the right to modify its rates any time and will provide notice through this policy.
Section 3: Privacy
Any information transmitted through the Internet, including information about you, can be intercepted by unwanted third parties. There is no guarantee that you or Glacier can prevent this. We provide certain security measures to reduce the risk that information about you is intercepted by others.
In an effort to protect your privacy, we:
- use security techniques designated to prevent unauthorized access of information about you.
- will honor your requests to remove your name from e-mail solicitation lists.
- do not collect personally identifiable information about you unless you provide it to us.
- do not sell the names and addresses of our customers, or visitors to our sites, to others without providing information of that disclosure when the personally identifiable information is collected.
- do not provide customer information to other companies with which we do business without an understanding that they will respect your privacy.
For more information about Glacier’s privacy policies, please see Glacier’s Privacy Statement at www.glaciernetworks.net.
Glacier can help you safeguard your family online. Glacier has partnered with industry leading experts to offer a robust collection of tools and services regarding Internet security. For more information, visit www.glaciernetworks.net.
Section 4: Account Usage
Your Glacier Internet account may only be used according to your service plan. If your account is not a dedicated account, then it may not be used to provide dedicated services such as e-mail, gaming, or streaming audio or video servers. Dedicated accounts may include, but are not limited to Static DSL, Ethernet Internet and Dedicated Internet services. We have several dedicated service solutions for you to consider if you desire continuous access to the Internet. We may end an Internet session following periods of inactivity to minimize the burden on the network. The use of automated intervention, such as software or hardware devices, for the purpose of maintaining a connection to the service is strictly prohibited.
Personal web space is limited to 10 megabytes per Internet account. Personal web space shall be used for non-commercial use only. Glacier reserves the right to restrict access to sites that are being used for commercial use. Commercial web space size is dependent on the web-hosting package purchased by the customer. If a personal page receives an inordinately large number of hits, the owner of said page will have the option of moving the page to our commercial section or remove the page from their home directory.
You are solely responsible for maintaining the confidentiality of your account I.D. and passwords. Subscribers should not provide their login and password for use by others outside of their immediate business or household. You must notify us immediately if your account I.D. and/or password have been lost, stolen, or otherwise compromised. Simultaneous use of our service by multiple users with a single login and password is not allowed. Reselling or sharing, in whole or in part, access to your Internet account or Internet connectivity without our expressed written consent is prohibited.
Glacier is not a software licensor, and the license agreement for your Internet software is not a part of your service agreement with us. This means that your software license agreement may either remain in effect or terminate independently from your Internet service.
We are not responsible for technical support or the integrity of any files or software that you obtain from any other source. It is your responsibility to determine whether any software that you intend to use, including any program that you intend to download from the Internet, is compatible with your computer and can be installed correctly and safely. We strongly recommend that you review the documentation accompanying any software before you attempt to install it.
Section 5: Copyright Complaints
The Digital Millennium Copyright Act of 1998 (“DMCA”) provides recourse for owners of copyrighted material who believe their rights under U.S. copyright law have been infringed on the Internet or other telecommunications networks.
As a provider of transitory digital communications, Glacier’s activities are typically protected by a safe harbor provision of the DMCA (see 17 U.S.C. 512 (a)). Glacier is therefore not obligated to respond to a copyright owner (or the owner’s agent) nor does Glacier have a duty to remove or disable access to material transmitted, routed or connected to the Glacier network(s) that is initiated and/or directed by an individual user.
If you believe that Glacier has infringed your copyrighted work in a way that does not fall within the applicable DMCA safe harbor provision, please provide notice to our Designated Copyright Agent at the address below. The notice must include the following information as required by the DMCA (see 17 U.S.C. 512 (c)(3)). In addition, the notice should include the basis for your belief that Glacier is not merely providing transitory digital communications under 17 U.S.C. 512 (a) of the DMCA:
- A physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed;
- Identification of the copyrighted work claimed to have been infringed, or, if multiple copyrighted works at a single online site are covered by a singled notification, a representative list of such works at that site;
- 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 provided to locate the material;
- Information reasonably sufficient to permit the service provider to contact the complaining party, such as address, telephone number, and, if available, an electronic mail address at which the complaining party may be contacted;
- 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;
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.
The Designated Copyright Agent for Glacier may be reached as follows:
Glacier Networks, Inc.
65 Broadway, Suite 1802
New York, NY 10006
Attention: Designated Copyright Agent
By fax: 212-937-2289
By e-mail: www.glaciernetworks.net
If a copyright infringement notice has been wrongly filed against you as a result of mistake or a misidentification of the material, you may file a counter notification with our Designated Copyright Agent at the address noted above. The counter notification must provide the following information:
- Physical or electronic signature of the subscriber;
- 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;
- 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;
- The subscriber’s name, address, telephone number and e-mail address, and a statement that the subscriber consents to the jurisdiction of the 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.
CUSTOMER PROPRIETARY NETWORK INFORMATION POLICY
Glacier Networks, Inc. (“Glacier”) is committed to maintaining the privacy of its customers. Glacier is obliged to provide Customer with protections to certain information about how Customer uses its Services. However, that information can help us customize and improve Services Glacier offers to Customer.
In this section, Glacier describes what information Glacier protects and how it is protected.
As a customer of Glacier Services, Customer has the right, and Glacier has a duty, under federal law, to protect the confidentiality of certain types of Services, including: (1) information about the quantity, technical configuration, type, destination, location, and amount of Customer’s use of its Services, and (2) information contained on Customer’s telephone bill concerning the Services Customer receives. That information, when matched to Customer’s name, address, and telephone number is known as “Customer Proprietary Network Information,” or “CPNI” for short. Examples of CPNI include information typically available from telephone-related details on Customer’s monthly bill, technical information, type of Service, current telephone charges, long distance and local Service billing records, directory assistance charges, usage data and calling patterns.
From time to time, Glacier would like to use the CPNI information it has on file to provide Customer with information about Glacier’s communications-related products and Services or special promotions. Glacier’s use of CPNI may also enhance its ability to offer products and Services tailored to Customer’s specific needs. Accordingly, Glacier would like Customer’s approval so that Glacier may use this CPNI to let Customer know about communications-related Services other than those to which Customer currently subscribes that Glacier believes may be of interest to Customer. IF CUSTOMER APPROVES, CUSTOMER DOES NOT HAVE TO TAKE ANY ACTION; CUSTOMER’S SIGNATURE ON THE SERVICE AGREEMENT SIGNIFIES CUSTOMER’S CONSENT THAT GLACIER MAY USE AND DISCLOSE CPNI AS DESCRIBED HEREIN.
However, Customer does have the right to restrict Glacier’s use of Customer’s CPNI. CUSTOMER MAY DENY OR WITHDRAW GLACIER’S RIGHT TO USE CUSTOMER’S CPNI AT ANY TIME BY CALLING 212-696-5700. If Customer denies or restricts its approval for Glacier to use Customer’s CPNI, Customer will suffer no effect, now or in the future, on how Glacier provides any Services to which Customer subscribes. Any denial or restriction of Customer’s approval remains valid until Customer’s Services are discontinued or Customer affirmatively revokes or limits such approval or denial.
In some instances, Glacier will want to share Customer’s CPNI with its independent contractors and joint venture partners in order to provide Customer with information about Glacier’s Networks -related products and Services or special promotions. Prior to sharing Customer’s CPNI with its independent contractors or joint venture partners, Glacier will obtain written permission from Customer to do so.
Federal privacy rules require Glacier to authenticate the identity of its customer prior to disclosing CPNI. Customers calling Glacier can discuss their Services and billings with a Glacier representative once that representative has verified the caller’s identity. There are three methods by which Glacier will conduct Customer authentication:
1) by having the Customer provide a pre-established password and/or PIN;
2) by calling the Customer back at the telephone number associated with the Services purchased; or
3) by mailing the requested documents to the Customer ‘s address of record.
Passwords and/or PINs may not be any portion of the Customer’s social security number, mother’s maiden name, amount or telephone number associated with the Customer’s account or any pet name. In the event the Customer fails to remember their password and/or PIN, Glacier will ask the Customer a series of questions known only to the Customer and Glacier in order to authenticate the Customer. In such an instance, the Customer will then establish a new password/PIN associated with their account.
NOTIFICATIONS OF CERTAIN ACCOUNT CHANGES
Glacier will be notifying Customer of certain account changes. For example, whenever an online account is created or changed, or a password or other form of authentication (such as a “secret question and answer”) is created or changed, Glacier will notify the account holder. Additionally, after an account has been established, when a Customer’s address (whether postal or e-mail) changes or is added to an account, Glacier will send a notification. These notifications may be sent to a postal or e-mail address, or by telephone, voicemail or text message.
DISCLOSURE OF CPNI
Glacier may disclose CPNI in the following circumstances:
- When the Customer has approved use of its CPNI for Glacier or Glacier and its joint venture partners and independent contractors (as the case may be) sales or marketing purposes.
- When disclosure is required by law or court order.
- To protect the rights and property of Glacier or to protect Customer and other carriers from fraudulent, abusive, or unlawful use of Services.
- When a carrier requests to know whether Customer has a preferred interexchange carrier (PIC) freeze on its account.
- For directory listing Services.
- To provide the Services to the Customer, including assisting Customer with troubles associated with its Services.
- To bill the Customer for Services.
Glacier uses numerous methods to protect Customer’s CPNI. This includes software enhancements that identify whether Customer has approved use of its CPNI. Further, all Glacier employees are trained on the how CPNI is to be protected and when it may or may not be disclosed. All marketing campaigns are reviewed by a Glacier supervisory committee to ensure that all such campaigns comply with applicable CPNI rules.
Glacier maintains records of its own and its joint venture partners and/or independent contractors (if applicable) sales and marketing campaigns that utilize Customer CPNI. Included in this, is a description of the specific CPNI that was used in such sales or marketing campaigns. Glacier also keeps records of all instances in which CPNI is disclosed to third parties or where third parties were allowed access to Customer CPNI.
Glacier will not release CPNI during Customer-initiated telephone contact without first authenticating the caller’s identity in the manner set-forth herein. Violation of this CPNI policy by any Glacier employee will result in disciplinary action against that employee as set-forth in Glacier’s Employee Manual.
BREACH OF CPNI PRIVACY
In the event Glacier experiences a privacy breach and CPNI is disclosed to unauthorized persons, federal rules require Glacier to report such breaches to law enforcement. Specifically, Glacier will notify law enforcement no later than seven (7) business days after a reasonable determination that such breach has occurred by sending electronic notification through a central reporting facility to the United States Secret Service and the FBI. A link to the reporting facility can be found at: www.fcc.gov/eb/cpni. Glacier cannot inform Customer of the CPNI breach until at least seven (7) days after notification has been sent to law enforcement, unless the law enforcement agent tells the carrier to postpone disclosure pending investigation. Additionally, Glacier is required to maintain records of any discovered breaches, the date that Glacier discovered the breach, the date carriers notified law enforcement and copies of the notifications to law enforcement, a detailed description of the CPNI breach, including the circumstances of the breach, and law enforcement’s response (if any) to the reported breach. Glacier will retain these records for a period of not less than two (2) years.
NOTIFICATION OF CHANGES TO THIS POLICY
If Glacier changes this CPNI Policy, Glacier will post those changes on www.glaciernetworks.net or in other places Glacier deems appropriate, so that Customer can be aware of what information Glacier collects, how Glacier uses it, and under what circumstances, if any, Glacier disclose it. If Customer decides to continue receiving its Services after Glacier makes any changes to this the CPNI Policy, Customer shall be deemed to have given express consent to the changes in the revised policy.
911/E911 SERVICES/DISCLAIMERS/LIMITATIONS OF LIABILITY
911 / E911 MATTERS. CUSTOMER ACKNOWLEDGES, UNDERSTANDS, AND AGREES THAT GLACIER NETWORKS, INC.’S (“GLACIER”) VOICE SERVICE IS INTERNET BASED AND THEREFORE 911/E911 SERVICES ARE DIFFERENT FROM TRADITIONAL WIRELINE BASED SERVICES AND ARE OR MAY BE ONLY PROVIDED WITH CERTAIN SERVICES IF SPECIFICALLY DEFINED IN ADDENDUM(S), EXHIBIT(S), SCHEDULES, SOFS, TERMS AND CONDITIONS, SERVICE AGREEMENTS, AND ATTACHMENTS TO THIS AGREEMENT, AND INCLUDING OTHER APPLICABLE ADDENDA, AND APPLICABLE ONLINE TERMS & CONDITIONS, ALL OF WHICH ARE FULLY INCORPORATED HEREIN BY REFERENCE. CUSTOMER ACKNOWLEDGES AND AGREES THAT NEITHER GLACIER, ITS UNDERLYING CARRIER(S), NOR ANY OTHER THIRD PARTIES INVOLVED IN THE ROUTING, HANDLING, DELIVERY, OR ANSWERING OF EMERGENCY SERVICES OR IN RESPONDING TO EMERGENCY CALLS, NOR THEIR OFFICERS OR EMPLOYEES, MAY BE HELD LIABLE FOR ANY CLAIM, DAMAGE, LOSS, FINE, PENALTY OR COST (INCLUDING, WITHOUT LIMITATION, ATTORNEYS FEES) AND CUSTOMER HEREBY WAIVES ANY AND ALL SUCH CLAIMS OR CAUSES OF ACTION, ARISING FROM OR RELATING TO THE PROVISION OF ALL TYPES OF EMERGENCY SERVICES TO CUSTOMER. CUSTOMER FURTHER AGREES AND ACKNOWLEDGES THAT IT IS INDEMNIFYING AND HOLDING HARMLESS GLACIER FROM ANY CLAIM OR ACTION FOR ANY CALLER PLACING SUCH A CALL WITHOUT REGARD TO WHETHER THE CALLER IS AN EMPLOYEE OR CUSTOMER OF CUSTOMER. CUSTOMER ACKNOWLEDGES AND AGREES THAT ANY INJURY ARISING OUT OF A LACK OF OR MISROUTING OF 911 CALLS, REGARDLESS OF WHETHER THE CALL FAILED OR WAS ROUTED BY A PUBLIC SAFETY ANSWERING POINT OR AN OFFICIAL EMERGENCY OPERATOR, IS NEITHER THE FAULT NOR LIABILITY OF GLACIER AND CUSTOMER HOLDS GLACIER AND ITS SUBSIDIARIES AND AFFILIATES, AS WELL AS THEIR RESPECTIVE OFFICERS, DIRECTORS, MANAGERS, EMPLOYEES AND AGENTS HARMLESS FROM ANY DAMAGES OR LIABILITIES. THE LIMITATIONS APPLY TO ALL CLAIMS REGARDLESS OF WHETHER THEY ARE BASED ON BREACH OF CONTRACT, BREACH OF WARRANTY, PRODUCT LIABILITY, TORT AND ANY OTHER THEORIES OF LIABILITY.
9-1-1 & VoIP Customer Notice of 9-1-1 and E9-1-1 Service Limitations. PLEASE READ THIS NOTICE CAREFULLY. AS A USER OF GLACIER SESSION INITIATION PROTOCOL (“SIP”) BASED VOICE OVER INTERNET PROTOCOL (“VOIP”) SERVICES, YOU ARE REQUIRED TO AGREE THAT YOU HAVE READ AND UNDERSTOOD THE LIMITATIONS ASSOCIATED WITH THE 9-1-1 AND E9-1-1 EMERGENCY SERVICES AVAILABLE THROUGH THE GLACIER CALLING SERVICES. IF YOU DO NOT AGREE, YOU ARE NOT AUTHORIZED TO USE ANY GLACIER CALLING SERVICES.
Definitions: Terms capitalized when used within this document have the following meanings:
“9-1-1 Services” means functionality that allows end users to contact emergency services by dialing the digits 9-1-1.
“Enhanced 9-1-1 Service” or “E9-1-1” means the ability to route an emergency call to the designated entity authorized to receive such calls, which in many cases is a Public Safety Answering Point (“PSAP”), serving the Customer’s registered or user-provided address and to deliver the user’s telephone number and registered address information automatically to the emergency operator answering the call.
“Basic 9-1-1 Service” means the ability to route an emergency call to the designated entity authorized to receive such calls serving the Customer’s registered or user-provided address. With basic 9-1-1, the emergency operator answering the phone will not have access to the caller’s telephone number or address information unless the caller provides such information verbally during the emergency call.
With Enhanced 9-1-1 Service (“E9-1-1”), when a caller from your registered location dials the digits 9-1-1 from any Glacier offered calling service that is associated with a phone number and a properly registered address, the phone number and address are automatically presented to the local emergency center serving the location. Emergency operators will have access to this information regardless of whether the caller is able to verbally provide such information.
With Basic 9-1-1 Service, when a caller from your registered location dials the digits 9-1-1, the call is sent to the local emergency center serving that location. Operators answering the call will not have automatic access to the caller’s call-back telephone number or the associated registered address, even if that address has been properly registered, because with Basic 9-1-1 Service the emergency center is not equipped to receive, capture or retain the telephone number associated with the Glacier calling service or the registered address. Accordingly, callers must be prepared to provide both call-back and address information. If the call is dropped or disconnected, or if the caller is unable to speak, the emergency operator answering the call will not be able to call the caller back or dispatch help to the caller’s address if call-back and address information has not been provided by the caller.
EMERGENCY SERVICE DISCLOSURE APPLICABLE TO ALL CALLING SERVICES OFFERED BY GLACIER:
Customer agrees to inform all users of Glacier’s calling services of the potential complications arising from the delivery of emergency services when dialing 9-1-1. Specifically, Customer acknowledges and agrees to inform all employees, guests and other third persons who may use Glacier’s VoIP calling services of the limitations detailed below associated with all of Glacier’s emergency calling capabilities.
All of Glacier’s Calling Services Have 9-1-1 Capabilities that are Different Than Those Offered by Traditional Glacier’s of Local Telephone Services: Customer acknowledges and agrees that all of Glacier’ calling services are Internet based and that the 9-1-1 calling capabilities associated with all of Glacier’s calling services are different from those offered by traditional carriers of local telephone services. Glacier’s VoIP calling services are not meant to be relied upon in the case of an emergency. While Glacier attempts to provide access to emergency service, these VoIP services are not intended to be used to support or to carry emergency calls to any type of hospitals, law enforcement agencies, medical care units or any other kind of emergency services. YOU SHOULD MAINTAIN AN ALTERNATIVE MEANS OF CALLING EMERGENCY SERVICES.
9-1-1 Service Will NOT Work If You Experience A Power Outage, Service Outage or any other network disruption. Outages of your electricity and problems with your connection, including network congestion, will disrupt any Glacier calling service and you will not be able to use it for 9-1-1 emergency calling.
9-1-1 Service Will NOT Work If Your Service Is Disconnected Or You Experience An Outage For Any Reason. If you have a service outage due to a suspension of your account due to billing issues or for any other reason, you will not be able to use any Glacier calling services for any calls, including for emergency 9-1-1 calls.
You May Not Be Able to Reach the Correct Emergency Services If You Have A Telephone Number That Does Not Match Your Actual Geographic Location. VoIP services are technically capable of being used in locations that are not associated with the traditional geographic area of a telephone number. These capabilities can cause 9-1-1 problems however. All 9-1-1 capabilities will only be available in the location that you have associated with the particular Glacier assigned direct-inward-dial (“DID”) telephone number assigned to the Customer. For Basic 9-1-1 Services or E9-1-1 to be accurately routed to the appropriate emergency call center, the Customer must provide accurate DID telephone numbers as the call-back telephone number for all 9-1-1 calls and accurate address information. Additionally, if you are using the service in a location that uses a different area code than the area code in the number you are using with your VoIP service, when you dial 9-1-1 you may not be able to reach any emergency personnel. Even if you do reach emergency personnel, your call may not reach the emergency personnel near your actual physical location and the emergency personnel may not be able to transfer your call or respond to your emergency.
You May Not Be Able To Reach the Correct Emergency Service Center If You Fail to Register A Valid Service Address. Failure to provide a correct physical address in the correct format may cause all Basic 9-1-1 Service or E9-1-1 calls to be routed to the incorrect local emergency service. Furthermore, use of any Glacier calling service from a location other than the location to which such service was ordered, i.e., the “primary registered address,” may result in Basic or Enhanced 9-1-1 calls being routed to the incorrect local emergency service.
You May Not Be Able to Reach the Correct Emergency Services If You Move Your Phone to a Location Different From the Address You Initially Registered. It is important that you register accurate location information every time you move the equipment associated with your Glacier calling service. If you move your Glacier equipment to another location without reregistering, when you dial 9-1-1, you may not be able to reach any emergency personnel. Even if you do reach emergency personnel, if you have not provided valid location information you will not be calling the emergency personnel near your actual location and this emergency personnel may not be able to transfer your call or respond to your emergency.
You May Not Be Able to Reach the Correct Emergency Services If You Fail to Accurately Register or Reregister Your New Location Or Call 9-1-1 Within 48 Hours of Updating Your Location. It is important that you register an accurate location when you initiate your service and every time you move the equipment associated with your Glacier VoIP calling service. When you change your location, it may take up to 48 hours for your location change to be reflected in our records. During that time, you may not be able to reach the correct emergency services center or any emergency service by dialing 9-1-1.
Glacier VoIP Calling Services Allow One Emergency Service Address to be Associated with Each Telephone Number. Certain Glacier VoIP calling services do not have a telephone number associated with them but allow for placing and receiving calls. For example, Glacier offers a “softphone client” service. Customers may choose to buy calling services from Glacier that have a telephone number but then use the softphone client to allow multiple users to place and receive calls using one telephone number. Customers must use the softphone client and the Glacier VoIP calling service that has a telephone number associated with it from the same location. Using a service that does not have a telephone number in a remote location will result in the wrong address information being sent in the event of placing an emergency call by dialing 911. The emergency call operator may not be able to transfer the call to appropriate emergency call operators. In the event that Customer intends to use Glacier VoIP calling services in multiple locations, at least one telephone number will be required for each location. You acknowledge and agree to this limitation and agree that you will obtain at least one telephone number for each location associated with the Glacier calling service.
Limitation of Liability. Failure to abide by the E-9-1-1 Terms of Service shall be deemed a material breach of the Master Services Agreement and Glacier bears no liability in connection with Customer’s failure to comply with the E-9-1-1 Terms of Service.
Indemnification. In addition to Customer’s indemnification obligations as memorialized in the Master Services Agreement, Customer agrees to defend, indemnify, and hold harmless Glacier and Glacier’s employees, officers, directors, agents, parents, affiliates and subsidiaries from and against any losses, damages, costs or expenses resulting from any and all claims and liabilities, including costs and expenses and reasonable attorney’s fees, attributed to, arising out of or resulting from Customer’s failure to fully comply with the E-9-1-1 Rules.
GLACIER UNDERSTANDS THAT YOU HAVE READ AND UNDERSTAND THE LIMITATIONS ASSOCIATED WITH THE 9-1-1 AND E-9-1-1 EMERGENCY SERVICES AVAILABLE THROUGH THE GLACIER CALLING SERVICES.
Any obligations that may be imposed by federal and state law on operators of private branch exchange or multiline telephone systems are obligations imposed on you, the Customer, and not on Glacier.
Glacier’s calling services will only be used for business, non-residential purposes in an environment that requires either multiple lines or extensions and if this situation ever changes you will discontinue the use of Glacier’s calling services.