Our Policies

AN NDTC PLEDGE TO YOU

It is our mission to provide a quality communication network that strengthens our communities. NDTC’s Board of Directors and employees will accomplish our mission through the expansion and improvement of our network in a fiscally responsible manner, acting as good stewards of our owners’ investment. NDTC’s Board of Directors and General Manager will continue to employ and develop a professional staff who shares our philosophy and who will advance as we advance. NDTC’s Board of Directors and employees will act with the highest degree of honesty and integrity.

BATTERY BACKUP POWER INFORMATION

NDTC home phone service is provided on our fiber optic network and requires electric power to operate. To avoid a disruption of home voice service during a power outage, and to maintain the ability to connect to 911 emergency services, North Dakota Telephone Company (NDTC) provides you with an eight-hour battery backup at no charge. Some exceptions may apply.

What Your Battery Can – and Can’t – Do for You

The battery backup provided by NDTC is expected to last eight hours on standby power. That means the backup battery should give you approximately eight hours of talk time during a power outage. If a customer requests 24 hours of standby power, NDTC will install the appropriate backup battery at a cost of $6.95/month. Cordless phones, home security systems, the internet, medical monitoring devices, routers, and other equipment are not powered by NDTC’s battery backup during a power outage. If you want these devices to operate during an outage, you should purchase a separate battery backup designed to support that equipment.

Instructions for Proper Care and Use of Your Battery

Our service technician will provide you with verbal on-site instructions that will include proper operation of the battery backup to ensure that it will function as needed during a power outage. Because environmental factors such as temperature can also shorten the battery’s life, NDTC technicians will make every effort to install the battery backup in a location at your premises that will take these factors into consideration. The battery backup provided to you by NDTC will last approximately 5 years. NDTC will maintain and replace it, should it stop working. If your services stop working, or if your battery backup starts to make a beeping sound or the green light turns red, please verify that it is plugged into an electrical outlet. If your services are not restored, or if the beeping continues, please call our business office at 662.1100.

BILLING POLICIES AND PROCEDURES, QUESTIONS AND ANSWERS

Your NDTC monthly statement not only gives you a listing of your charges, payments, and credits; it also may contain special messages, such as those regarding service or price changes. Please take the time to read the monthly messages and review your bill carefully to make sure your name, address, and other billing information are correct. Generally, you will be billed at the same time each month.

What fees and taxes are on my bill?

Residential Access Line Charge – This is a charge proposed and authorized by the Federal Communications Commission (FCC) for providing access to, and maintenance of, the local network.
911 – This charge is imposed by local governments to help pay for emergency services such as fire and rescue.
Federal Excise Tax – This is a three-percent tax mandated by the federal government. It is imposed on all telecommunications services, including local bills.
(Federal) Subscriber Line Charge – This was instituted after the break-up of AT&T in 1984 to cover the costs of the local phone network. This charge appears on your invoice as “Federal Access Chg Residential Ln”. The FCC caps the maximum price that a company may charge for this. This is not a government charge or tax, and it does not end up in the government’s treasury but is used to invest and implement new services in high-cost rural areas.
State & Local Municipal Tax – This charge is imposed by state, local, and municipal governments on goods and services.
Telecommunications Relay Services Charge – This state charge helps to pay for the relay center that transmits and translates calls for hearing-impaired and speech-impaired people.
FUSC Charge (Federal Universal Service Charge) – The Federal Universal Service Fund is designed to provide discounted telecommunications services to schools, public libraries, and low-income consumer customers. The Federal Universal Service Charge (FUSC) charged by telecommunication companies is mandated by the Federal Communications Commission. This charge is applied upon interstate, international call usage, and wireless.

When is my bill due?

The bills you receive will show the payment due date and the amount of the payment due. When you subscribe to our services, you agree to pay us monthly for that service and for any other charges due us, including any administrative late fees and related fees, charges, and assessments due to late payments or non-payments, any returned check fees, and other separate or additional fees. Payments received from you will be deemed to be voluntarily paid.

What if there is a billing error?

If there are billing errors or other requests for credit, you must bring those to our attention within 90 days from the time you receive the bill for which you are seeking correction.

Why is my payment not reflected on my current statement?

If a payment is received after we process your next month’s bill, it may not show on your current statement but will appear on the following month’s statement.

BROADBAND INTERNET POLICY

NDTC is not responsible for personal hardware in your computer system. This includes difficulty connecting due to faulty hardware, or software configuration problems. Our technical support personnel are always happy to assist you in trying to resolve any difficulty you are having with your service.

Agreement

The billing cycle will begin as soon as that customer is administratively entered into the server. To disconnect our service, you will need to notify our office as soon as possible. This service is prorated, so when you connect and disconnect in the beginning, in the middle, or at the end of a month you will only be billed for the days used.

You must have parental permission if under the age of 18.

The undersigned appoints NDTC as agent to order and make changes in service associated with the activation of broadband internet services specified above.

I agree to follow the rules of any connected networks if and when using NDTC’s broadband internet service. I recognize that NDTC offers no guarantees or warranties on the performance of its network and broadband internet connection, nor on the performance of its customer gateway connections to other networks.

I agree to hold NDTC, its officers, directors, agents, and any of the members harmless from any liability arising from special, indirect, or consequential damages, including but not limited to lost profits, loss of opportunity, or any other loss which may result from the use of, misuse of, or lack of availability of NDTC or their facilities.

User Responsibilities & Acceptable Use Policy

Users are personally responsible for all use of the broadband internet service under their account, even if someone else used their service. Illegal, fraudulent, or abusive use of the service will result in immediate service termination and may be referred to law enforcement authorities.

You must immediately inform NDTC if you suspect any breach of security, such as loss, theft, or unauthorized disclosure or use of your broadband internet service. Until NDTC is notified of a breach of security, by notice given as such, the user will remain responsible for any unauthorized use of the service occurring under their account.

A customer may not sell, assign, transfer, or give away broadband internet service under their account. Under no circumstances will NDTC allow anyone to resell their broadband internet service.

NDTC broadband internet services may not be used to transmit excessive amounts of traffic, as determined by NDTC. Prohibited uses include but are not limited to 1. Use of service for high-volume purposes and 2. Routines that generate excessive amounts of traffic. NDTC broadband internet service is to be used by residential and commercial customers in a way that does not affect the overall traffic on the network. NDTC reserves the right to determine if a customer is utilizing services that are intended as “enterprise” use and would require a specialized broadband and IT need.

NDTC is not responsible in any way for any computer programs or devices intended for use in connection with the broadband internet service if such programs are made available on the service. Most of the programs used on the broadband internet service are third-party programs beyond the control of NDTC.

The account holder will indemnify and hold harmless NDTC against any loss, damage, cost, and expense which NDTC may incur or become liable for by reason of claims or actions for libel, violation of privacy rights, plagiarism, copyright infringement, trademark or trade name infringement, domain name disputes, and claims arising in connection with data transmitted pursuant to the terms and provisions of this agreement and any claims or suits resulting from the account holder’s use of the service, including, without limitation, the expense and cost of defending any and all such claims and actions. The provisions of this paragraph shall survive termination of this agreement.

If NDTC is informed of illegal content or alleged copyright or trademark infringement involving an account, NDTC will attempt to notify the account holder of those allegations and secure a response. NDTC may, in its sole discretion, remove or terminate the account containing, on a temporary or permanent basis, materials which NDTC believes are illegal or may create, constitute, or contribute to copyright or trademark infringements. The account holder expressly waives the right to assert any claims against NDTC for any such removal or termination.

Services provided to the Customer by NDTC may only be used for lawful purposes. Transmission or publication of any information, data, or material in violation of any U.S. Federal or state regulation or law is prohibited. This includes, but is not limited to, material protected by copyright, trade secret, or any other statute, threatening material, or obscene material. NDTC reserves the right to remove any and all materials which infringe on copyrighted work. Such materials will be removed at any time upon receiving a complaint and/or notice of copyright infringement.

Fees and Payments

Each account holder is responsible for paying all fees and charges (plus applicable taxes) associated with the use of the broadband internet service. NDTC reserves the right to change the amount of, or basis for determining, any fee or charge, and to institute new fees or charges, effective upon 30-day notice to the customer.

Termination of Service

Either the account holder or NDTC may terminate the service at any time and without cause. The only recourse of a user with respect to dissatisfaction with any policies, guidelines, or practices, changes in fees, or service content is for the account holder to terminate the service.

NDTC may terminate any individual or suspend access to all or any part of the service without notice for conduct that NDTC believes is a violation of this agreement or any policies or guidelines posted by NDTC on the service or for other conduct that NDTC believes harmful to others.

NDTC is not responsible for notifying anyone other than the account holder of termination. Upon termination of service, any banking, brokerage, or other third-party relationships will no longer be accessible through NDTC broadband internet service. NDTC shall not be held responsible for any consequences due to lack of access.

Using the Service

You are responsible for providing all equipment, devices, and software necessary to receive the service.

Logins and Passwords

Use of the NDTC email service requires both a login and a password. Each account can choose up to two (2) free unique NDTC email logins.

Anyone knowing both your login and password can gain access to your NDTC email (passwords should be kept a secret). When choosing a password, select one that is hard to guess (i.e., your first or last name is not recommended). If you forget your password, please contact us so that we can reset it.

Digital Millennium Copyright Act

The Digital Millennium Copyright Act provides limitation for service provider liability relating to copyrighted material online. NDTC is a service provider in that it provides online services or network access between or among points specified by a user. NDTC does not modify the content that is sent or received.

According to its Terms, Conditions and Acceptable Use Policy, NDTC requires users “to obtain and provide all required permissions if you use the Service to receive, send, display, distribute or execute works protected by intellectual property laws including copyright and patent laws.” Failure to abide by the Terms, Conditions and Acceptable Use Policy may result in suspension of service or permanent disconnection. NDTC can limit liability by designating an agent for notification of claimed infringement by providing contact information to the Copyright Office and through its publicly accessible web site. The appropriate contact information is as follows:

Service Provider Address

NDTC
211 22nd St. NW
Devils Lake, ND 58301

Agent Designated to Receive Notification of Claimed Copyright Infringement – Network Services Supervisor

Telephone Number of Designated Agent – 701.662.6479

Fax Number of Designated Agent – 701.662.6446

Email Address of Designated Agent
dmca@ndtel.com
dmca@gondtc.com
dmca@stellarnet.com

Network Management Policy

North Dakota Telephone Company or “NDTC” provides this Policy in order to disclose its network management practices in accordance with the FCC’s Open Internet Rules. Information about NDTC’s other policies and practices concerning broadband are available at gondtc.com (“NDTC’s Website”).

NDTC manages its network to ensure that all of its customers experience a fast, reliable, and affordable broadband internet service. NDTC wants its customers to indulge in all that the Internet has to offer, whether it is social networking, streaming videos and music, or communicating through email and videoconferencing.

NDTC manages its network for a number of reasons, including optimization, as well as congestion- and security-protocol-management. NDTC’s customers generally will not be impacted by the protocols and practices that NDTC uses to manage its network.

NDTC’s Network Management Practices

NDTC uses various tools and industry-standard techniques to manage its network and deliver fast, secure, and reliable broadband internet service. Such management tools and practices include the following:

I. Managing Congestion

NDTC monitors the connections on its network in the aggregate to determine the rate of utilization. If congestion emerges on the network, NDTC will engage in the re-routing of internet traffic to relieve congestion. In order to reduce instances of congestion, NDTC adds capacity to its network when utilization has reached a level of at least 80%. On our core and access networks, NDTC may increase capacity by adding FTTH nodes, transport, internet aggregation routers, and bandwidth, as needed.

On NDTC’s network, all customers have access to all legal services, applications, and content online and, in the event of congestion, most internet activities will be unaffected. Some customers, however, may experience longer download or upload times, or slower surf speeds on the web if instances of congestion do occur on NDTC’s network.

Customers using conduct that abuses or threatens the NDTC network or which violates the company’s Acceptable Use Policy, Broadband Internet Service Terms and Conditions, or the Broadband Internet Service Agreement will be asked to stop any such use immediately. A failure to respond or to cease any such conduct could result in service suspension or termination.

II. Network Security

NDTC knows the importance of securing its network and customers from network threats and annoyances. The company promotes the security of its network and patrons by providing resources to its customers for identifying and reporting such threats as spam, viruses, firewall issues, and phishing schemes. NDTC also deploys spam filters in order to divert spam from an online customer’s email inbox into a quarantine file, while allowing the customer to control which emails are identified as spam. Customers may access the spam files through the email. Spam files are automatically deleted if not accessed within 30 days. If there are no active logins on an email account for 120 days, no new messages will be processed.

As its normal practice, NDTC does not block any protocols, content, or traffic for purposes of network management, except that the company may block or limit such traffic as spam, viruses, malware, or denial of service attacks to protect network integrity and the security of our customers. NDTC also has a port filtering policy aimed at reducing the spread of computer-related viruses and protecting your computer from intruder access.

III. Device Attachment Rules/Application-Specific Behaviors

Except as may be provided elsewhere herein, NDTC does not currently engage in any application-specific behaviors, nor does it employ device attachment rules for its network. Customers may use any lawful applications or devices with NDTC.

IV. Monitoring Schedule

NDTC checks its usage logs on a daily basis to determine utilization on its network. When utilization reaches 80%, NDTC adds capacity or reroutes traffic to relieve congestion. NDTC also checks for abnormal traffic flows, network security breaches, malware, loss, and damage to the network. If a breach is detected or high-volume users are brought to light by complaint, NDTC provides notification to the customer via email or phone. If a violation of NDTC’s policies has occurred and such violation is not remedied, NDTC will suspend or terminate that customer’s service.

V. Network Management Technology

NDTC employs a variety of industry-standard tools, applications, and devices to monitor, secure, and maintain its network, including the following:

network graphing solutions;
latency measurement software;
bandwidth and performance-measurement platforms; and
Rapid Problem Identification (RPI) technologies monitoring endpoint to endpoint interactions
DDos – Distributed Denial of Service Protection Services

VI. Service Descriptions

NDTC offers broadband service over FTTH facilities. The following is a list of NDTC’s service tiers*:

Tier	Down	Up
DATA Only FiberZone 2	250 Mbps	250 Mbps
DATA Only FiberZone 3	500 Mbps	500 Mbps
DATA Only FiberZone 4	1 GIG	1 GIG
DATA Only FiberZone 5	2.5 GIG	2.5 GIG
DATA Only FiberZone 6	10 GIG	10 GIG
Voice and Data FiberZone 1	100 Mbps	100 Mbps
Voice and Data FiberZone 2	250 Mbps	250 Mbps
Voice and Data FiberZone 3	500 Mbps	500 Mbps
Voice and Data FiberZone 4	1 GIG	1 GIG
Voice and Data FiberZone 5	2.5 GIG	2.5 GIG
Voice and Data FiberZone 6	10 GIG	10 GIG

VII. Network Performance

NDTC makes every effort to support advertised speeds, and will dispatch repair technicians to customer sites to perform speed tests as needed to troubleshoot and resolve speed and application performance problems caused by NDTC’s network. NDTC measures availability, latency, and aggregate utilization on the network and strives to meet internal service level targets. However, customer’s service performance may also be affected by one or more of the following: (1) the particular websites being accessed; (2) capacity in the public internet beyond NDTC’s network; (3) customer’s computer and equipment (including wireless router); and (4) inside wiring at customer’s premises.

NDTC tests each service when installed to demonstrate that the service is capable of supporting the advertised speed. Customers can also test their actual speeds using the speed test found on the company website.

VIII. Specialized Services

NDTC provides Voice and Internet-Protocol-Television (IPTV) services to end users. These services, also known as Specialized Services, are separated from the company’s best effort broadband internet services on the network. NDTC uses separate layer 2 Q-in-Q VLAN tags in the access network. Layer 2 P-bits and Layer 3 DSCP markings are used to prioritize Specialized Services traffic over best effort broadband internet traffic for the purpose of congestion management. Since Specialized Services traffic is separated from best effort broadband internet traffic, our broadband customers will experience no impact on broadband services resulting from Specialized Services traffic.

IX. Commercial Terms

In addition to this Network Management Policy, patrons may also find links to the following on the NDTC Website:

Acceptable Use Policy
Broadband Internet Service Agreement
Broadband Service Offerings and Rates
Privacy Policy

For questions, complaints, or requests for additional information, please contact NDTC.

X. Testing

NDTC is required by the FCC to test a random set of customers for speed and latency periodically during the year. NDTC reports the results of this testing to the FCC. This result applies to both upload and download data rates, and applies for measurements made both at peak times and over a 24-hour period. By using this service, the customer agrees to allow NDTC to perform these tests.

Privacy Policy

NDTC respects your privacy. By using our website or subscribing to one or more of our services, NDTC collects personal information. This policy addresses the collection and use of your personal information.

Information Collected

In the course of doing business and through the offering of services, NDTC will collect personal information that is not limited to but can include your name, home and billing address, telephone numbers, Social Security number, credit information, or other necessary information to provision those services.

Use of Information

Protecting our customers’ privacy is important to us. NDTC has strict privacy policies in place, and utilizes the latest technologies to safeguard your information from unauthorized disclosures. NDTC does not share any of this information with third parties unless required to do so by law. NDTC may use personal information, also known as Customer Proprietary Network Information (CPNI), to market new service offerings or features to augment services you already have. NDTC will not use this information if you restrict its use as described in the CPNI section below.

Links to Other Sites

NDTC contains many links to third-party sites. NDTC is not responsible for the privacy practices of third-party sites. Once you leave our website, NDTC has no control over your privacy. Please review the privacy statement of each and every website you visit to ensure your personal privacy with respect to third-party offers. The inclusion of any link on the NDTC website does not imply any specific recommendation, approval, or endorsement of the third party by NDTC.

Security

The privacy of information transmitted over the broadband internet cannot be guaranteed by NDTC, because the internet is not 100% secure. Nevertheless, NDTC has taken technical, administrative, and physical steps to protect against unauthorized access to Customer Information and other Personally Identifiable Information used to administer NDTC’s customer accounts. All such information is handled securely within NDTC and is not disclosed to unauthorized third parties.

Use of Cookies

A “cookie” is a small piece of information sent by a web server to store on a web browser so it can later be read back from that browser. This is useful for having the browser remember some specific information.

Protecting Your Children

NDTC’s website does not target or market to children. We respect the privacy of your children and comply with rules established under the Children’s Online Privacy Protection Act. NDTC does not knowingly collect or retain personal information from consumers under the age of eighteen. Children should always get permission from a parent or guardian before sending personal information over the internet. You can find more information about protecting children’s privacy by contacting the Federal Trade Commission (FTC) or by viewing its website at ftc.gov.

Changes to this Policy

NDTC reserves the right to change the terms and conditions of this policy at any time. When changed, the terms and conditions will be posted on NDTC’s website at gondtc.com/policies.

Customer Proprietary Network Information (CPNI)

From time to time, North Dakota Telephone Company (NDTC) changes its service offerings and makes available additional features and services, which may enhance and augment the services to which you are already subscribed. In order for us to determine which customers may benefit from the new services and enhancements, we will use information about your account that is within our database, legally referred to as Customer Proprietary Network Information (CPNI), unless you restrict that use in the manner described below. CPNI includes information such as which long distance carrier and plan to which you are subscribed, calling features and plans to which you are subscribed, and the associated charges for those plans. Use of this data will allow NDTC to tailor its service offerings to your individual needs.

For this purpose, CPNI data will be used by NDTC, its subsidiaries, and affiliates only. This data will not be shared by NDTC with any other outside source except as necessary and required to provide the service(s) to which you are already subscribed, unless we are legally compelled to.

You have a right under federal law to protect the confidentiality of your account information and restrict the use of CPNI data, and we have a responsibility to protect your data. To restrict the use of your CPNI data, you may contact our business office at 662-1100 or service@ndtel.com. Your denial of approval for NDTC to use this data will not affect the provision of any service to which you subscribe. Your approval or denial of approval for the use of CPNI outside of the service to which you already subscribe will remain valid until you revoke or limit the approval or denial.

NDTC COMMANDIQ APP TERMS & CONDITIONS

The NDTC CommandIQ Mobile Application End User License Agreement (“Agreement”) is a binding agreement between you and NDTC. This Agreement governs your use of the NDTC CommandIQ Mobile Application (“Application”), including all related documentation.

BY CLICKING THE “ACCEPT” BUTTON OR CHECKING “I ACCEPT THE TERMS AND CONDITIONS” ON THE APP REGISTRATION PAGE, DOWNLOADING OR USING THE APPLICATION, YOU ACKNOWLEDGE THAT YOU HAVE READ AND UNDERSTAND THIS AGREEMENT; REPRESENT THAT YOU ARE OF LEGAL AGE TO ENTER INTO A BINDING AGREEMENT; AND ACCEPT THIS AGREEMENT AND AGREE THAT YOU ARE LEGALLY BOUND BY ITS TERMS.

I. License Grant

Strictly in accordance with this Agreement, NDTC grants you a limited, non-exclusive, and non-transferable license to download, install, and use the App for your personal, non-commercial use on a mobile device owned or otherwise controlled by you strictly in accordance with the App’s Agreement.

II. License Restrictions

You shall use the Application strictly in accordance with the terms of the Related Agreements and shall not: (a) decompile, reverse engineer, disassemble, attempt to derive the source code of, or decrypt the Application; (b) make any modification, adaptation, improvement, enhancement, translation, or derivative work from the Application; (c) violate any applicable laws, rules, or regulations in connection with Your access to or use of the Application; (d) remove, alter, or obscure any proprietary notice (including any notice of copyright or trademark) of NDTC or its affiliates, partners, or suppliers, or the licensors of the Application; (e) use the Application for any revenue-generating endeavor, commercial enterprise, or other purpose for which it is not designed or intended; (f) distribute the Application to multiple Mobile Devices; (g) make the Application available over a network or other environment permitting access or use by multiple Mobile Devices or users at the same time; (h) use the Application for creating a product, service, or software that is, directly or indirectly, competitive with or in any way a substitute for any services, product, or software offered by NDTC; (i) use the Application to send automated queries to any websites or to send any unsolicited commercial email; or (j) use any proprietary information or interfaces of NDTC or other intellectual property of NDTC in the design, development, manufacture, licensing, or distribution of any application, accessories, or devices for use with the Application.

III. Reservation of Rights

You acknowledge and agree that the App is provided under license, and not sold, to you. You do not acquire any ownership interest in the App under this Agreement, or any other rights thereto other than to use the App in accordance with the license granted, and subject to all terms, conditions, and restrictions, under this Agreement. NDTC reserves and shall retain its entire right, title, and interest in and to the App, including all copyrights, trademarks, and other intellectual property rights therein or relating thereto, except as expressly granted to you in this Agreement.

IV. Collection and Use of Your Information

You acknowledge that when you download, install, or use the App, NDTC may collect information about your Mobile Device and about your use of the App. You also may be required to provide certain information about yourself as a condition to downloading, installing, or using the App or certain of its features or functionality. When you download, register with, or use the App, we may ask you to provide information by which you may be personally identified, such as name, email address, telephone number, or any other identifier by which you may be contacted online or offline (“personal information”) and that is about you but individually does not identify you, such as your password, and your router’s MAC address and serial number. This information includes information that you provide by filling in forms in the App and information provided at the time of registering to use the App. We may also ask you for information when you report a problem with the App and keep records and copies of your correspondence (including email addresses and phone numbers), if you contact us. The provision of this information by you to third parties may be subject to such third parties’ terms and conditions. NDTC does not assume and will not have any liability or responsibility to you or any other person or entity for such information.

We use information that we collect about you, that you provide to us, including any personal information, to provide you with the App and its contents, and any other information, including any in-App notifications related to your use of the App, to fulfill any other purpose for which you provide it, and/or to carry out our obligations and enforce our rights arising from any contracts entered into between you and us. NDTC may also use information that we collect about you to contact you about goods and services offered by NDTC that may be of interest to you, by sending you emails or in-App notifications. If you do not want us to use your information in this way, please do not use the App and delete your account. If you agree to let us use your information in this way but do not wish to receive in-App notifications, you may adjust your push notification preferences in your account profile.

All information we collect through or in connection with this App is subject to our NDTC Privacy Policy. By downloading, installing, using, and providing information to or through this App, you consent to all actions taken by us with respect to your information in compliance with the NDTC Privacy Policy. We may update our NDTC Privacy Policy from time to time, and updated versions will be posted on our website at gondtc.com/policies.

V. Updates

NDTC may from time to time, in its sole discretion, provide App updates, which may include upgrades, bug fixes, patches, other error corrections, and/or new features (collectively, including related documentation, “Updates”). Updates may also modify or delete in their entirety certain features and functionality. You agree that NDTC has no obligation to provide any Updates or to continue to provide or enable any particular features or functionality. Based on your Mobile Device settings, when your Mobile Device is connected to the internet either:

a. the App will automatically download and install all available Updates; or

b. you may receive notice of or be prompted to download and install available Updates.

You shall promptly download and install all Updates and acknowledge and agree that the App or portions thereof may not properly operate should you fail to do so. You further agree that all Updates will be deemed part of the App and be subject to all terms and conditions of this Agreement.

VI. Term and Termination

The term of Agreement commences when you acknowledge your acceptance and will continue in effect until terminated by you or NDTC.

a. You may terminate this Agreement by deleting your NDTC CommandIQ account and the App (and all copies thereof) from your Mobile Device(s).

b. NDTC may terminate this Agreement at any time without notice if it ceases to support the App, which NDTC may do in its sole discretion. In addition, this Agreement will terminate immediately and automatically without any notice if you violate any of the terms and conditions of this Agreement.

c. Upon termination:

i. all rights granted to you under this Agreement will also terminate; and

ii. you must cease all use of the App and delete all copies of the App from your Mobile Device(s).

d. Termination will not limit any of NDTC’s rights or remedies at law or in equity.

VII. Disclaimer of Warranties

THE APP IS PROVIDED TO YOU “AS IS” AND WITH ALL FAULTS AND DEFECTS WITHOUT WARRANTY OF ANY KIND. TO THE MAXIMUM EXTENT PERMITTED UNDER APPLICABLE LAW, NDTC, ON ITS OWN BEHALF AND ON BEHALF OF ITS AFFILIATES, EXPRESSLY DISCLAIMS ALL WARRANTIES, WHETHER EXPRESS, IMPLIED, STATUTORY, OR OTHERWISE, WITH RESPECT TO THE APPLICATION, INCLUDING ALL IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NONINFRINGEMENT, AND WARRANTIES THAT MAY ARISE OUT OF COURSE OF DEALING, COURSE OF PERFORMANCE, USAGE, OR TRADE PRACTICE. WITHOUT LIMITATION TO THE FOREGOING, NDTC PROVIDES NO WARRANTY OR UNDERTAKING, AND MAKES NO REPRESENTATION OF ANY KIND THAT THE APP WILL MEET YOUR REQUIREMENTS, ACHIEVE ANY INTENDED RESULTS, BE COMPATIBLE, OR WORK WITH ANY OTHER SOFTWARE, APPLICATIONS, SYSTEMS, OR SERVICES, OPERATE WITHOUT INTERRUPTION, MEET ANY PERFORMANCE OR RELIABILITY STANDARDS, OR BE ERROR-FREE, OR THAT ANY ERRORS OR DEFECTS CAN OR WILL BE CORRECTED.

VIII. Limitation of Liability

TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT WILL NDTC OR ITS AFFILIATES HAVE ANY LIABILITY ARISING FROM OR RELATED TO YOUR USE OF OR INABILITY TO USE THE APP FOR:

a. PERSONAL INJURY, PROPERTY DAMAGE, LOST PROFITS, COST OF SUBSTITUTE GOODS OR SERVICES, LOSS OF DATA, LOSS OF GOODWILL, BUSINESS INTERRUPTION, COMPUTER FAILURE OR MALFUNCTION, OR ANY OTHER CONSEQUENTIAL, INCIDENTAL, INDIRECT, EXEMPLARY, SPECIAL, OR PUNITIVE DAMAGES.

b. DIRECT DAMAGES IN AN AMOUNT THAT IN THE AGGREGATE EXCEEDS $100.00 U.S. THE FOREGOING LIMITATIONS WILL APPLY WHETHER SUCH DAMAGES ARISE OUT OF BREACH OF CONTRACT, TORT (INCLUDING NEGLIGENCE), OR OTHERWISE, AND REGARDLESS OF WHETHER SUCH DAMAGES WERE FORESEEABLE OR NDTC WAS ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

IX. Indemnification

You agree to indemnify, defend, and hold harmless NDTC and its officers, directors, employees, agents, affiliates, successors, and assigns from and against any and all losses, damages, liabilities, deficiencies, claims, actions, judgments, settlements, interest, awards, penalties, fines, costs, or expenses of whatever kind, including reasonable attorneys’ fees, arising from or relating to your use or misuse of the App or your breach of this Agreement, including but not limited to the content you submit or make available through this App.

X. Severability

If any provision of this Agreement is illegal or unenforceable under applicable law, the remainder of the provision will be amended to achieve as closely as possible the effect of the original term, and all other provisions of this Agreement will continue in full force and effect.

XI. Governing Law

This Agreement shall be governed by the laws of the state of North Dakota, without giving effect to any principles or conflicts of laws. If any provision of this Agreement is deemed unlawful, void, or for any reason unenforceable, then that provision shall be deemed severable from this Agreement and shall not affect the validity and enforceability of any remaining provisions.

XII. Other

This Agreement and our Privacy Policy constitute the entire agreement between you and NDTC with respect to the App and supersede all prior or contemporaneous understandings and agreements, whether written or oral, with respect to the App.

XIII. Amendments to this Agreement

NDTC reserves the right, at its sole discretion, to modify or replace this Agreement at any time. If a revision is material, we will provide at least 30 days’ notice prior to any new terms taking effect. What constitutes a material change will be determined at our sole discretion. From time to time, we may amend or replace this Agreement. The most recent version of this Agreement shall always be available on our website at gondtc.com/policies. The most recent version shall supersede any and all other versions of this Agreement, and you agree to be bound by the terms of the most recent version of this Agreement.

Contact Information

If you have any questions about this Agreement, please contact us at 701-662-1100.

CALL BEFORE YOU DIG

There may be underground utility cables located in your yard. Digging into an underground cable line, phone line, electric cable, gas line or water and/or wastewater line could result in serious personal injury, service interruptions, property damage or pollution of the environment. If utility lines are cut you may be liable for charges. Please call the North Dakota One Call quick access number for our state to locate underground utility cables at least 48 hours before you dig by dialing 811 or 1-800-795-0555.

CUSTOMER COMPLAINT AND CONCERN RESOLUTION

Customer Complaints

In compliance with the requirements of Section 76 of the FCC Rules, we are required to inform you that NDTC has in effect the following procedures to ensure that any complaints that may arise concerning the technical quality of the cable television signals we deliver to you are promptly and efficiently resolved:

A. All complaints concerning the technical quality of the television signals we provide to you should be put in writing and sent to the following address: NDTC, P.O. Box 180, Devils Lake, ND 58301. Alternatively, you may call NDTC at 701-662-1100 to discuss the problem with one of our customer service representatives.

B. All complaints received concerning the technical quality of the cable television signals will be logged in on the same day of receipt. The date, time, and nature of the complaint will be noted, as well as the name, address, and telephone number of the subscriber.

C. Complaints concerning the technical quality of television signals will be investigated by a service technician. If the problem can be resolved without a service call to your premises, you will be advised of this and the resolution of the complaints will be noted in our trouble ticket software, which is maintained by the company.

D. All reasonable efforts will be made by our service technicians and other employees to resolve any complaints concerning the technical quality of service promptly and efficiently. If our service technician fails to correct the problem, you may contact NDTC at 701-662-1100, and we will review the complaints and the corrective action taken.

If we are not able to take any further action to correct the problem, we will promptly inform you of our determination and the reason we cannot correct the problem. If you believe our investigation and handling of a complaint is deficient in some manner, you may contact: General Manager – NDTC, 211 22^nd St NW, Devils Lake, ND 58301, 701-662-1100, or the appropriate local franchising authority listed. See section LFA (01) Local Franchise Authority.

Closed Captioning Issues Contact Info: Tel: 701-662-1100, or 800-880-4213 if calling from out of our service area, Fax: 701-662-6444, or Email: scn@ndtel.com. Closed Captioning Complaints: NDTC, Mark Stein, COO, PO Box 180, Devils Lake, ND 58301-0180, Tel: 701-662-1100, or 800-880-4213 if calling from out of our service area. Fax: 701-662-6444. Email: scn@ndtel.com.

LFA (01) Local Franchise Authority

City of Anamoose
City Auditor
PO Box 117
Anamoose, ND 58710
701-889-3522

City of Cando
City Auditor
PO Box 396
Cando, ND 58324
701-968-3632

City of Devils Lake
City Auditor
PO Box 1048
Devils Lake, ND 58301
701-662-7600

City of Drake
City Auditor
City Hall, 123 Main St
Drake, ND 58736
701-465-3794

City of Fessenden
City Auditor
602 Railway St S, City Hall
Fessenden, ND 58438
701-547-3111

City of Harvey
City Auditor
120 West 8th St
Harvey, ND 58341
701-324-2000

City of Leeds
City Auditor
PO Box 331
Leeds, ND 58346
701-466-2930

City of McVille
City Auditor
PO Box 275
McVille, ND 58254
701-322-4343

City of New Rockford
City Auditor
117 1st St S
New Rockford, ND 58356
701-947-2461

City of Rugby
City Auditor
223 South Main
Rugby, ND 58368
701-776-6181

City of Starkweather
c/o Glen Weber
PO Box 54
Starkweather, ND 58377
701-292-5169

Customer Concerns

Should you have any questions or concerns regarding your NDTC service, we urge you to call our Customer Service Department at 662-1100. This number also is provided on your monthly statement. You may submit your concern in writing. When writing to us, please include your name, address, telephone number, and description of the error, and mail to the following address: Attn: Customer Service, NDTC, PO Box 180, Devils Lake, ND 58301. Or you may email us at service@ndtel.com. If you have a telephone service complaint you feel is not being resolved to your satisfaction, you may contact your state public utility commission. In North Dakota, call the Public Service Commission (PSC) at 1-701-328-2400.

If you have a cable TV service complaint you feel is not being resolved to your satisfaction, you may contact your local franchise authority listed above.

See section LFA (01) Local Franchise Authority.

DISCONNECT POLICY

Subject to applicable law, your service may be disconnected if you do not pay your bill by the due date indicated on your Final Notice statement. We may require you to pay all past due charges, a reconnection fee, and/or possibly a minimum of one month’s advance charges before we reconnect your service. If disconnected for non-pay and you do not reconnect, any equipment must be returned to us. Further, if equipment is not returned, your account will be charged and/or criminal charges may be pressed. If your account is delinquent for more than 30 days, your service may be disconnected. You may request that your service be disconnected at any time. Your billing for service will stop on the date you request to have the service disconnected, pending all equipment has been returned. To avoid any further liability, all equipment required must be returned to NDTC at the time of disconnection.

DISCLOSURE OF INFORMATION—PERSONAL PRIVACY PROTECTION

To protect the integrity of your account with NDTC, you will be asked to verify specific personal information when you call or visit one of our Customer Service personnel. NDTC will strive to protect your privacy and will not release personal information in relation to your account except to those businesses or individuals to which it is lawfully permitted to do so. We may disclose personally identifiable information about you to others without your consent if necessary to conduct a legitimate business activity related to a service provided by us to you. For example, if necessary we may disclose without your consent your name, address, or other subscriber information we have collected to an affiliate: (a) to assist us in providing administrative, customer assistance, or other customer services; (b) to prepare, print, and/or deliver monthly invoices for our services or other marketing or informational materials we would like to distribute to our customers; (c) to prepare and conduct subscriber surveys that allow us to assess and enhance our services that we provide to you; (d) to collect a past due bill; or (e) to develop and/or maintain software for us. We also will refuse to disclose any personal information pertaining to you to a governmental agency unless forced to do so by a court order or subpoena.

FCC VIDEO COMMUNICATIONS AND VIDEO ACCESSIBILITY ACT COMPLIANCE

FCC requires all multi-channel video programming distributors to make user interfaces and video programming guides and menus accessible on televisions, set-top boxes, and other devices used to view video programming for the blind or visually impaired.

For more information on the options we may have available at NDTC, please contact us at 701.662.1100.

FCC Address:
Federal Communications Commission, Consumer & Governmental Affairs Bureau, 445 12th Street, SW, Washington, D.C. 20554, 1-888-225-5322, TTY: 1-888-835-5322

INSTALLATION AND SERVICE MAINTENANCE POLICY

If I am not the owner of the house, apartment, or other premises upon which NDTC Equipment and Software are to be installed,

A. I warrant that I have obtained the consent of the owner of the premises for NDTC personnel and/or its agents to enter the premises for the purposes described in Section D below. I agree to indemnify and hold the NDTC Parties harmless from and against any claims of the owner of the premises arising out of the performance of this Agreement (including costs and reasonable attorneys’ fees).

B. I authorize NDTC to make any preparations to the premises necessary for the installation, maintenance, or removal of equipment. NDTC shall not be liable for any effects of normal Services installation and workmanship, such as holes in walls, etc., which may remain after installation or removal of the NDTC Equipment, except for damage caused by negligence on the part of NDTC.

C. The NDTC Equipment is and at all times shall remain the sole and exclusive personal property of NDTC, and I agree that I do not become an owner of any NDTC Equipment by virtue of the payments provided for in this Agreement or the Tariff(s), or the attachment of any portion of the NDTC Equipment to my residence or otherwise. Upon termination of any Services, subject to any applicable laws or regulations, NDTC may, but shall not be obligated to, retrieve any associated NDTC Equipment not returned by me as required under Section F below. NDTC will not be deemed to have “abandoned” the NDTC Equipment if it does not retrieve such equipment.

D. I agree to provide NDTC and its authorized agents access to my premises during regular business hours upon reasonable notice during the term of this Agreement and after its termination to install, connect, inspect, maintain, repair, replace, alter, or disconnect or remove the NDTC Equipment, to install Software, to conduct service theft audits, or to check for signal leakage. I agree that NDTC may have reasonable access to easements and NDTC Equipment located on my grounds.

E. NDTC shall have the right to upgrade, modify, and enhance NDTC Equipment and Software from time to time through “downloads” from NDTC’s network or otherwise. Without limiting the foregoing, NDTC may, at any time, employ such means to limit or increase the throughput available through individual cable modems, whether or not provided by NDTC.

F. If the Services are terminated, I agree that I have no right to possess or use the NDTC Equipment related to the terminated Services. As required under Section C above, I agree that I must arrange for the return of NDTC Equipment to NDTC, in the same condition as when received (excepting ordinary wear and tear), upon termination of the Services. If I do not promptly return the NDTC Equipment or schedule with NDTC for its disconnection and removal, NDTC may enter any premises where the NDTC Equipment may be located for the purpose of disconnecting and retrieving the NDTC Equipment. I will pay any expense incurred by NDTC in any retrieval of the unreturned NDTC Equipment. NDTC may charge me a continuing monthly fee until any outstanding NDTC Equipment is returned, collected by NDTC, or fully paid for by me in accordance with G below. The current fee is listed in the list of charges on the price list or can be provided on request.

G. I agree to pay NDTC liquidated damages in the amount demanded by NDTC, but not to exceed that specified in the then current price list, for the replacement cost of the NDTC Equipment without any deduction for depreciation, wear and tear, or physical condition of such NDTC Equipment if (i) I tamper with, or permit others to tamper with, NDTC Equipment, (ii) the NDTC Equipment is destroyed, lost, or stolen, whether or not due to circumstances beyond my reasonable control, and even if I exercised due care to prevent such destruction, loss, or theft, or (iii) the NDTC Equipment is damaged (excluding equipment malfunction through no fault of my own) while in my possession, whether or not due to circumstances beyond my reasonable control, and even if I exercised due care to prevent such damage. I agree that these liquidated damages are reasonable in light of the problem of theft of cable services; the existence of a “black market” in NDTC Equipment; the ability of third parties to steal services with unlawfully obtained NDTC Equipment, causing loss of revenues for installation and service fees; and the difficulty in determining the actual damages that arise from the unauthorized tampering with, loss, destruction, or theft of NDTC Equipment. I agree to return any damaged NDTC Equipment to NDTC.

H. I agree that NDTC may place equipment and cables on my premises to facilitate the provision of Services to me and to other locations in my area.

NETWORK TRANSPARENCY STATEMENT

NDTC provides this Network Transparency Statement in accordance with the FCC’s Restore Internet Freedom Rules to ensure that you have sufficient information to make informed choices about the purchase of broadband internet services. Information about NDTC’s other policies and practices concerning broadband internet are available at gondtc.com/policies.

NDTC engages in network management practices that are tailored and appropriate for achieving optimization on the network, considering the particular network architecture and technology of its broadband internet access service. NDTC’s goal is to ensure that all of its customers experience a safe and secure broadband internet environment that is fast, reliable, and affordable. NDTC wants its customers to indulge in all that the internet has to offer, whether it is social networking, streaming videos and music, or communicating through email and videoconferencing.

NDTC’s network management includes congestion and security-protocol management, and customers generally will not be impacted by the protocols and practices that NDTC uses to manage its network.

A. NDTC’s Network Transparency Disclosures

NDTC uses various tools and industry standard techniques to manage its network and deliver fast, secure, and reliable broadband internet service. NDTC believes in full transparency and provides the following disclosures about its network management practices:

1. Blocking: NDTC does not block or discriminate against lawful content.

2. Throttling: NDTC does not throttle, impair, or degrade lawful internet traffic.

3. Affiliated Prioritization: NDTC does not prioritize internet traffic.

4. Paid Prioritization: NDTC has never engaged in paid prioritization. We don’t prioritize internet for consideration to benefit particular content, applications, services, or devices. NDTC does not have plans to enter into paid prioritization deals to create fast lanes.

5. Congestion Management: NDTC monitors the connections on its network in the aggregate on a daily basis to determine the rate of utilization. If congestion emerges on the network, NDTC will take the appropriate measures to relieve congestion.

On NDTC’s network, all customers have access to all legal services, applications, and content online and, in the event of congestion, most internet activities will be unaffected. Some customers, however, may experience longer download or upload times, or slower surf speeds on the web, if instances of congestion do occur on NDTC’s network.

Customers using conduct that abuses or threatens the NDTC network, or which violates the company’s Acceptable Use Policy, Broadband Internet Service Terms and Conditions, or the Broadband Internet Service Agreement, will be asked to stop any such use immediately. A failure to respond or to cease any such conduct could result in service suspension or termination.

NDTC’s network and congestion management practices are ‘application-agnostic’, based on current network conditions, and are not implemented on the basis of customers’ online activities, protocols, or applications. NDTC’s network management practices do not relate to any particular customer’s aggregate monthly data usage. NDTC monitors its network on a daily basis to determine utilization on its network. NDTC also checks for abnormal traffic flows, network security breaches, malware, loss, and damage to the network. If a breach is detected or high-volume users are brought to light by complaint, NDTC provides notification to the customer via email or phone. If a violation of NDTC’s policies has occurred and such violation is not remedied, NDTC will seek to suspend or terminate that customer’s service.

6. Application-Specific Behavior: Except as may be provided elsewhere herein, NDTC does not currently engage in any application-specific behaviors on its network. Customers may use any lawful applications with NDTC.

7. Device Attachment Rules: For best results, proprietary network gateways used on the NDTC broadband network should be provided by NDTC. Customers may attach devices of their choosing to the NDTC ONT (Optical Network Termination) including wired or wireless routers, laptops, desktop computers, video game systems, televisions, or other network-enabled electronics equipment. However, customers are responsible for ensuring that their equipment does not harm NDTC’s network or impair the service of other customers. NDTC is not responsible for the functionality or compatibility of any equipment provided by its customers. Customers are responsible for securing their own equipment to prevent unauthorized access to NDTC’s broadband network by third parties, and will be held responsible for the actions of such third parties who gain unauthorized access through unsecured customer equipment.

8. Network Security: NDTC knows the importance of securing its network and customers from network threats and annoyances. The company promotes the security of its network and patrons by protections from such threats as spam, viruses, firewall issues, and phishing schemes. NDTC also deploys spam filters in order to divert spam from an online customer’s email inbox into a quarantine file, while allowing the customer to control which emails are identified as spam. Customers may access the spam files through the email. Spam files are automatically deleted if not accessed within 30 days.

As its normal practice, NDTC does not block any protocols, content, or traffic for purposes of network management, but NDTC may block or limit such traffic as spam, viruses, malware, or denial of service attacks to protect network integrity and the security of our customers.

B. Network Performance

1. Service Descriptions
NDTC deploys broadband internet access to its subscribers through hardwired broadband access (Fiber).

2. Network Performance
NDTC makes every effort to support advertised speeds, and will dispatch repair technicians to customer sites to perform speed tests as needed to troubleshoot and resolve speed and application performance issues caused by NDTC’s network. NDTC measures availability, latency, and aggregate utilization on the network and strives to meet internal service level targets.

However, the bandwidth speed at which a particular distant website or other internet resources may be downloaded, or the speed at which your customer information may be uploaded to a distant website or internet location, is affected by factors beyond NDTC’s control, including the speed of the connection from a distant web server to the internet, congestion on intermediate networks, and/or limitations on your own computer equipment, including a wireless router. In addition, your service performance may be affected by the inside wiring at your premises. Accordingly, you, the customer, must consider the capabilities of your own equipment when choosing an NDTC broadband service. Your computers and/or wireless or other networks in your homes or offices may need an upgrade in order to take full advantage of the chosen NDTC broadband plan.

For fiber service, NDTC measures traffic every 5 minutes. All services are best effort.

NDTC tests each service for actual and expected access speeds at the time of network installation, to demonstrate that the service is capable of supporting the advertised speed. Customers may also test their actual speeds using the speed test located at http://speedtest.gondtc.com/ on NDTC’s website, and may request assistance by calling Customer Service at 701.662.1100 or by email at service@ndtel.com.

Based on the network information NDTC receives from its monitoring efforts, NDTC’s network is delivering data transmission rates advertised for the different high-speed broadband internet services. To be sure, NDTC has implemented a program of testing the performance of its network by using a test protocol similar to the one sanctioned by the FCC. We installed specific network performance monitoring equipment at aggregation points across our network, and conducted a series of tests using this equipment. NDTC reports the results of this testing below. This result applies to both upload and download data rates, and applies for measurements made both at peak times and over a 24-hour period.*

Tier	Down	Up
DATA Only FiberZone 2	250 Mbps	250 Mbps
DATA Only FiberZone 3	500 Mbps	500 Mbps
DATA Only FiberZone 4	1 GIG	1 GIG
DATA Only FiberZone 5	2.5 GIG	2.5 GIG
DATA Only FiberZone 6	10 GIG	10 GIG
Voice and Data FiberZone 1	100 Mbps	100 Mbps
Voice and Data FiberZone 2	250 Mbps	250 Mbps
Voice and Data FiberZone 3	500 Mbps	500 Mbps
Voice and Data FiberZone 4	1 GIG	1 GIG
Voice and Data FiberZone 5	2.5 GIG	2.5 GIG
Voice and Data FiberZone 6	10 GIG	10 GIG

3. Impact of Non-BIAS Data Services
The FCC has defined Non-Broadband Internet Access Services (Non-BIAS) to include services offered by broadband providers that share capacity with Broadband Internet Access Services (BIAS) (previously known as “Specialized Services”) also offered by the provider over the last-mile facilities. At this time, NDTC is not offering any non-BIAS data services.

C. Commercial Terms

Pricing and additional service information may be found at gondtc.com/internet.

For questions, complaints, or requests for additional information, please contact NDTC at:
Customer Service at 701.662.1100
Email at service@gondtc.com

NONCOMPLIANCE

If you believe we have violated your privacy rights as established by law, in addition to other remedies that may be available to you, you may bring a civil action against us in a United States District Court.

PRIVACY POLICY

NDTC respects your privacy. When you use our website or subscribe to one or more of our services, NDTC collects personal information. This policy addresses the collection and use of your personal information.

Information Collected

Use of Information

Protecting our customer privacy is important to us. NDTC has strict privacy policies in place and utilizes the latest technologies to safeguard your information from unauthorized disclosures. NDTC does not share any of this information with third parties unless required to do so by law. NDTC may use personal information, also known as Customer Proprietary Network Information (CPNI), to market new service offerings or features to augment services you already have. NDTC will not use this information if you restrict its use as described in the CPNI section below.

Links to Other Sites

NDTC contains many links to third-party sites. NDTC is not responsible for the privacy practices of third-party sites. Once you leave our website, NDTC has no control over your privacy. Please review the privacy statement of each and every website you visit to ensure your personal privacy with respect to third-party offers. The inclusion of any link on an NDTC web site does not imply any specific recommendation, approval, or endorsement of the third party by NDTC.

Security

The privacy of information transmitted over the Internet cannot be guaranteed by NDTC, because the Internet is not 100% secure. Nevertheless, NDTC has taken technical, administrative, and physical steps to protect against unauthorized access to Customer Information and other Personally Identifiable Information used to administer NDTC’s customer accounts. All such information is handled securely within NDTC and is not disclosed to unauthorized third parties.

Use of Cookies

Protecting Your Children

NDTC’s website does not target or market to children. We respect the privacy of your children and comply with rules established under the Children’s Online Privacy Protection Act. NDTC does not knowingly collect or retain personal information from consumers under the age of eighteen. Children should always get permission from a parent or guardian before sending personal information over the Internet. You can find more information about protecting children’s privacy by contacting the Federal Trade Commission (FTC) or by viewing its website at http://ftc.gov.

Changes to this Policy

NDTC reserves the right to change the terms and conditions of this policy at any time. When changed, the terms and conditions will be posted at NDTC’s website at gondtc.com/policies.

Customer Proprietary Network Information (CPNI)

In order for us to determine which customers may benefit from the new services and enhancements, we will use information about your account that is within our database, legally referred to as Customer Proprietary Network Information (CPNI), unless you restrict that use in the manner described below. CPNI includes information such as which long distance carrier and plan to which you are subscribed, calling features and plans to which you are subscribed, and the associated charges for those plans. Use of this data will allow NDTC to tailor its service offerings to your individual needs.

For this purpose, CPNI data will be used by NDTC and its subsidiaries and affiliates only. This data will not be shared by NDTC with any other outside source except as necessary and required to provide the service(s) to which you are already subscribed, unless we are legally compelled to do so.

NDTC CommandIQ App

How NDTC Collects Your Information

NDTC collects and processes information provided directly by you when you install the NDTC CommandIQ App and register for an account to use the App. Specifically, this information includes:

Your name, email address, password/PIN, location, and phone number.
Browser information and session cookies related to your access to and use of the App.
Data insights NDTC obtains based on correlation and analytics of your information collected in providing the App, which may be used in aggregated and dis-aggregated formats or to obtain trend analytics, to provide the App, and
Use of the above-described collected information in aggregated and dis-aggregated formats to enhance our current App or to provide App features.

How NDTC Uses the Information

NDTC uses the information collected as described in this Privacy Policy, including personal information, to:

Provide you with the App as described in the Agreement.
Implement, improve, and/or enhance the App, including to make future releases available to you.
Carry out NDTC obligations as described or authorized in the Agreement and this Privacy Policy.
Enforce NDTC rights arising from the Agreement between you and NDTC, and to
Fulfill any other purpose authorized by you and reasonably required for the App.

Your Choices About Our Collection, Use, and Disclosure of Information

The provisions of the information described in this Privacy Policy are necessary for you to use the App.

Your information is retained and used as described in this Privacy Policy. Active subscriber data is retained for as long as the subscriber is active. Inactive subscriber data is retained for 3 months. If you delete your account from the App in accordance with the terms of the Agreement, your information will be deleted within 30 days of the deletion of such account or within such other timelines as may be mandated by applicable law. You will no longer be able to access the App when your account is deleted.

Managing Your Personal Information

Accessing and Correcting Information

You can (a) access and review your contact information, and (b) correct your contact information, by logging into the App and visiting the settings page.

To access, review, or correct any other information, please reach out to NDTC at 701-662-1100 or gondtc.com/contact-us.

Deleting Information

You can delete your App account information by logging into the App, visiting the settings page, and editing your Account and Admins page.

If you have any questions, contact NDTC at 701-662-1100 or gondtc.com/contact-us.

PRODUCTS AND SERVICES

Visit NDTC website (gondtc.com) for a complete list of our products, services, and prices, and channel guide information.

TELEPHONE SERVICE INFORMATION

There are special rules governing use of information we obtain from our telephone customers. They are described in the section of this notice titled “Notice of Rights Concerning Use of Customer Proprietary Network Information.”

TV SERVICE INFORMATION

A Clear Picture and How to Keep It

We do everything possible to make sure the picture you receive is the best it can possibly be. If you’re experiencing reception problems, there could be a quick, easy solution right in your home. Before you call us, please review the following troubleshooting checklist: (1) Make sure your TV and set-top box (STB) are plugged into a live electrical outlet. Make sure your TV and set-top box are turned on. You may need to re-boot your STB by unplugging the thin black power cord found on the back of the STB, or by unplugging it from the electrical outlet and plugging it back in again. (2) Ensure your TV is tuned to the proper input. (3) Check all connections to your TV, VCR, and set-top box. (4) Make sure the batteries in your remote are working properly. (5) Check to see if the problem is isolated to one TV or all TV’s. If you have tried all the items on this checklist and the problem is still not resolved, please visit our website, www.gondtc.com, or call the NDTC Customer Service Department at 701-662-1100. While we do everything possible to ensure trouble-free reception, from time to time equipment failures can occur.

Remote Control Digital TV

If your NDTC set-top box remote control stops working, we will replace it for no charge. If a remote control stops working due to physical damage, we will replace it for a charge of $10.

USE OF SERVICES – NDTC EQUIPMENT AND SOFTWARE

A. I agree that NDTC has the right to add to, modify, or delete any aspect, feature, or requirement of the Services (including content, price, equipment, and system requirements). I further agree that NDTC, as my Internet Service Provider (ISP), has the right to add to, modify, or delete any aspect, feature, or requirement of my Broadband Service (including content, price, and system requirements). If NDTC changes its equipment requirements with respect to any Services, I acknowledge that I may not be able to receive such Services utilizing my then-current equipment. Upon any such change, my continued use of Services will constitute my consent to such change and my agreement to continue to receive the relevant Services, as so changed, pursuant to this Agreement, the Terms of Use, and the Tariff(s). If I participate in a promotional offer for any Service(s) that covers a specified period of time, I agree that I am assured only that I will be charged the promotional price for such Service(s) during the time specified. I agree that NDTC shall have the right to add to, modify, or delete any aspect, feature, or equipment of the relevant Service(s), other than the price I am charged, during such promotional period. B. I agree that the Services I have requested are residential Services, offered for reasonable personal, non-commercial use only. I will not resell or redistribute (whether for a fee or otherwise) the Services, or any portion thereof, or charge others to use the Services, or any portion thereof. Among other things:

i. If I receive Video Service, I agree not to use the Services for the redistribution or retransmission of programming or for any enterprise purpose, whether or not the enterprise is directed toward making a profit. I agree that, among other things, my use of the Services to transmit or distribute the Video Service, or any portion thereof, to (or to provide or permit access by) persons outside the location identified in the Work Order (even if to a limited group of people or to other residences that I own or have the right to use), will constitute an enterprise purpose. I acknowledge that programs and other materials that I receive as part of the Video Service remain part of the Video Service even if I record or capture all or a portion of any such program or material in a data file or on a hard drive, DVR, or similar device.

ii. If I receive Digital Phone Service, I agree not to use the Services for telemarketing, call center, medical transcription, or facsimile broadcasting Services or for any enterprise purpose whether or not the enterprise is directed toward making a profit. I agree that, among other things, my use of the Services to make available my Digital Phone Service, or any portion thereof, to (or to provide or permit access by) persons outside the location identified in the Work Order (even if to a limited group of people or to other residences that I own or have the right to use), will constitute an enterprise purpose.

iii. If I receive Broadband Service, I agree not to use the Broadband Service for operation as an internet service provider, for the hosting of websites (other than as expressly permitted as part of the Broadband Service) or for any enterprise purpose whether or not the enterprise is directed toward making a profit. I agree that, among other things, my use of any form of transmitter or wide area network that enables persons or entities outside the location identified in the Work Order to use my Services, whether or not a fee is sought, will constitute an enterprise purpose. Furthermore, if I use a wireless network within my residence, I will limit wireless access to the Broadband Service (by establishing and using a secure password or similar means) to the members of my household.

C. Theft or willful damage, alteration, or destruction of NDTC Equipment, or unauthorized reception, theft, or diversion of Services, or assisting such theft, diversion, or unauthorized reception is a breach of this Agreement and potentially punishable under law (including by way of statutory damages, fine, and/or imprisonment). Nothing in this Agreement shall prevent NDTC from enforcing any rights it has with respect to theft or unauthorized tampering with Services or NDTC Equipment under applicable law. D. I will not, nor will I allow others to, open, alter, misuse, tamper with, or remove the NDTC Equipment as and where installed by NDTC or use it contrary to this Agreement, the Terms of Use, or the Tariff(s). I will not, nor will I allow others to, remove any markings or labels from the NDTC Equipment indicating NDTC ownership or serial or identity numbers. I will safeguard the NDTC Equipment from loss or damage of any kind, including accidents, breakage, or house fire, and will not permit anyone other than an authorized representative of NDTC to perform any work on the NDTC Equipment. E. I agree that to the extent any Software is licensed (or sublicensed) to me by NDTC, such Software is provided for the limited purpose of facilitating my use of the Services as described in this Agreement. I will not engage in, or permit, any additional copying, or any translation, reverse engineering or reverse compiling, disassembly, or modification of or preparation of any derivative works based on the Software, all of which are prohibited. I will return or destroy all Software provided by NDTC and any related written materials promptly upon termination of the associated Services to me for any reason. Software licensed to me by my ISP, for instance my ISP’s client or browser software, is licensed under the ISP Terms, as applicable, and is not the responsibility of NDTC. F. I agree that I will use the Services for lawful purposes only, and in accordance with this Agreement, the Terms of Use, and the Tariff(s). G. I agree to be responsible for protecting the confidentiality of my screen names, passwords, personal identification numbers (PINs), parental control passwords or codes, and any other security measures made available, recommended, or required by NDTC. To the extent this information is acquired by any other person (through no fault of NDTC), NDTC may assume that I have authorized such person’s use of the information. I also acknowledge that NDTC’s Services may from time to time include interactive features, the use of which may result in the transmission to, and use by, NDTC or certain third parties of information that may constitute personally identifiable information (as such term is used in the Federal Communications Act of 1934) about me and for which NDTC may be required, under the Federal Communications Act of 1934, to obtain my consent. I agree that NDTC may seek such consents (or indications of my election to “opt in” to certain NDTC programs) electronically, including through the use of a “click through” screen, and that NDTC is entitled to assume that any such consent or opt-in election communicated through my Services or from the location at which I receive the Services is my consent or opt-in election or has been authorized by me. H. I agree that NDTC has no liability for the completeness, accuracy, or truth of the programs or information it transmits.

WBITS-RTC (WHOLESALE WIRELINE BROADBAND INTERNET TRANSPORT SERVICE)

RATES, TERMS AND CONDITIONS APPLICABLE TO WHOLESALE WIRELINE BROADBAND INTERNET TRANSPORT SERVICE

FURNISHED BY NORTH DAKOTA TELEPHONE COMPANY

211 22nd Street NW Devils Lake, ND

ILEC Study Area Code 381447 FCC 499 Filer I.D. 809522

FOR SERVICES AS PROVIDED FOR HEREIN.

EFFECTIVE JULY 1, 2026

1. General

1.1 Application of Rates, Terms and Conditions

1.1.A North Dakota Telephone Company, Incumbent Local Exchange Carrier (“ILEC”), study area designation 381447 with FCC Form 499 Filer ID 809522, is hereinafter referred to alternatively as “Company.”

1.1.B The rates, terms and conditions contained within this document, hereinafter referred to as “Rates, Terms and Conditions,” are applicable to the provision by the Company of Wireline Broadband Internet Transport Service, hereinafter referred to alternatively as “Service” or “Wireline Broadband Internet Transport Service” or “WBITS”, as specified herein. Service is furnished hereunder on a wholesale basis to Wholesale Customers who are Internet Service Providers (“ISPs”). Service is furnished subject to the availability of facilities and subject to transmission, atmospheric and like conditions. By accepting Service from the Company, a Wholesale Customer accepts these Rates, Terms and Conditions as a binding agreement between the Wholesale Customer and the Company.

1.1.C Under the Rates, Terms and Conditions the Company offers the Services subject to the jurisdiction of the Federal Communications Commission (“FCC”) pursuant to Title II of the Communications Act of 1934, As Amended, (47 USC § 201-276) on a common-carriage permissively detariffed basis.

These Rates, Terms and Conditions effect compliance with the FCC’s 2005 Wireline Broadband Order in which the FCC allowed rate-of-return ILECs to offer WBITS as a telecommunications service on a permissively detariffed basis. The FCC allows providers of WBITS, in lieu of filing tariffs with
the FCC, to include rates, terms, and conditions in generally available offerings posted on their websites. See Appropriate Framework for Broadband Access to the Internet over Wireline Facilities, CC Dockets 02-33, 95-20, 98-10, 01-337, WC Dockets 04-242, 05-271, 20 FCC Rcd 14853, 70 FR 60222, FCC-05-150 (Released September 23, 2005) (Wireline Broadband Order).

1.1.D The Company offers Services where technically feasible within its Incumbent Local Exchange Carrier (“ILEC”) Study Area in the state of North Dakota. For purposes of interstate services, including permissively detariffed services as is comprehended by the Services, the Company’s Study Area is identified as a geographic area with a discrete Study Area Code (“SAC”) 381447.

1.1.E The provision of Service by the Company as set forth in these Rates, Terms and Conditions does not constitute a joint undertaking with the Wholesale Customer for the furnishing of any service.

1.1.F From time to time, the Company may at its sole discretion modify the Rates, Terms and Conditions. Modification will be effective thirty (30) days after both posting of revised Rates, Terms and Conditions on the Company’s Internet web site and mailing by United States Postal Service a copy of the revised Rates, Terms and Conditions to all Wholesale Customers currently a party to an executed Agreement as described in Section 2.5 following.

1.2 Definitions

Certain terms used throughout these Rates, Terms and Conditions are defined as follows.

Application for Service
An “Application for Service” is a standard order form submitted by a Wholesale Customer which includes all pertinent billing, technical, and other descriptive information which will enable the Company to provide the Service as required.

Broadband
For purposes of these Rates, Terms and Conditions, “Broadband” means transmission of IP data at speeds of 1 Mbps or higher upstream and 1 Mbps or higher downstream.

Business
“Business” means any activity that occupies the time, attention, and labor of a person or persons for the purpose of a livelihood, profit, government, provision or administration of education, organized not-for profit activity including, but not limited to, professional services.

Business Customer
A “Business Customer” is an End User Subscriber with one or more locations in the Company’s Study Area who operates a Business from the location or locations with Local Exchange Switched Voice Service provided to the location or locations by the Company or for which the Company has facilities in place such that the Company is capable of providing Local Exchange Switched Voice Service to the location.

Business Line
A “Business Line” is a line extending the Company’s telecommunications network capable of transporting WBITS to the premises of a Business Customer on a Voice-Data basis.

Company
The term “Company” refers to North Dakota Telephone Company, Study Area designation 381447 and FCC 499 Filer ID 809522 operating in the state of North Dakota.

Customer Provided Equipment
Terminal equipment or facilities provided by persons other than the Company and connected to the Company’s Services and/or facilities.

Digital Subscriber Line (“DSL”) Access Service Connection Point
The term “Digital Subscriber Line (“DSL”) Access Service Connection Point” is a location designated by the Company that serves as an aggregation point for the collection of Company WBITS traffic from multiple Digital Subscriber Line Access Multiplexers (“DSLAMs”) or comparable packet-mode data modem equipment. Wholesale Customers establish connections to the Company’s WBITS network at the Company-designated DSL Access Service Connection Point.

Downstream
“Downstream” refers of the flow of IP data from an ISP to an End User Subscriber designated premises such as, but not limited to an End User Subscriber’s home or business over the Company’s WBITS network.

End User
The term “End User,” as used in these Rates, Terms and Conditions, refers to the individual or business legally occupying through ownership, lease, rental or other similar legal device a premises within the Company’s Study Area that has legal authority to order utilities, telecommunications, information services and other services for the premises. The End User is a current Local Exchange Switched Voice Service customer of the Company.

End User Subscriber
The term “End User Subscriber,” as used in these Rates, Terms and Conditions, refers to the Retail customer of the Wholesale Customer served through the Company’s network and to which the Wholesale Customer orders WBITS for connection to the Wholesale Customer’s ETS connection at the Company’s DSL Access Connection Point. An End User Subscriber may be either a Residential Customer or a Business Customer.

Ethernet
The term “Ethernet” denotes a high-speed networking technology utilizing a packet-based Ethernet protocol. Ethernet enables Broadband multimedia traffic (i.e., voice, data and video) to be carried over the same network. Ethernet Transport Service (“ETS”) for connection to the Company’s WBITS network DSL Access Service Connection Point at the Company-designated Serving Wire Center (“SWC”) must be ordered from the Company pursuant to the regulations and rates in the Company’s Interstate Access Services Tariff.

Gbps
“Gbps” is the widely recognized abbreviation for “gigabits per second”, indicating a data transfer speed of one billion bits per second. Gbps is also referred to as “Gig.”

Incumbent Local Exchange Carrier (“ILEC”)
Incumbent Local Exchange Carrier (“ILEC”) has the same meaning as Section 251(h) of the Communications Act, as Amended 47 U.S.C. § 251(h)(1).

(1) DEFINITION.–For purposes of this section, the term “incumbent local exchange carrier”‘ means, with respect to an area, the local exchange carrier that–(A) on the date of enactment of the Telecommunications Act of 1996, provided telephone exchange service in such area; and (B)(i) on such date of enactment, was deemed to be a member of the exchange carrier association pursuant to section 69.601(b) of the Commission’s regulations (47 C.F.R. 69.601(b)); Or (ii) is a person or entity that, on or after such date of enactment, became a successor or assign of a member described in clause (i).

Internet
The Internet is “the international computer network of both Federal and non-Federal interoperable packet-switched data networks.” 47 USC §230(f)(1). The Internet is also described as “the combination of computer facilities and electromagnetic transmission media, and related equipment and software, comprising the interconnected worldwide network of computer networks that employ the Transmission Control Protocol/Internet Protocol or any successor protocol to transmit information.” 47 USC §231(e)(3).

Internet Protocol (“IP”)
The Internet Protocol (“IP”) is the industry-standard method or protocol by which data is sent from one computer to another on the Internet.

Internet Service Provider (“ISP”)
An Internet Service Provider (“ISP”) is an organization that provides access to the Internet. The ISP provides the username and password to the End User Subscriber.

kbps
“kbps” is the widely recognized abbreviation for “kilobits per second”, a measure of data transfer speed. The “k” in kbps is lowercase to indicated measurement in decimal, i.e. 512 kbps is 512 kilobits per second.

KB
“KB” is the widely recognized abbreviation for kilobyte, equal to 1,000 bytes of data without respect to speed of transmission. Where a byte comprises eight bits, transmission of one KB at 1,000 kbps would take approximately eight seconds. Storage of data is generally measured in kilobytes and, in turn, the size of a file for transmission over the Internet is measured in kilobytes (data storage is also measured in KBs). For purposes of these Rates, Terms and Conditions, monthly data transmission limits are set at levels of KBs.

Local Exchange Switched Voice Service
“Local Exchange Switched Voice Service” is voice grade access to the public switched telephone network (“PSTN”) provided by the Company to the End User for a charge that enables the End User to transmit voice communications, including signaling the network that the caller wishes to place a call, and to receive voice communications, including receiving a signal indicating there is an incoming call.

Mbps
“Mbps” is the widely recognized abbreviation for “megabits per second”, indicating a data transfer speed of one million bits per second.

National Exchange Carrier Association Tariff FCC No. 5
National Exchange Carrier Association, Inc. (“NECA”) Tariff FCC No. 5, or “Interstate Access Services Tariff,” is the interstate access tariff filed by NECA on behalf of members of NECA. The Company is a member of NECA and a participant in the NECA Common Line and Traffic Sensitive Pools. Additionally, the Company is an issuing carrier for NECA Tariff FCC No. 5. Because the Company is an issuing carrier, it is pursuant to the rates and regulations of NECA Tariff FCC No. 5 that Wholesale Customers must order interstate Ethernet Transport Service (“ETS”) services required for connection to the Company’s network at the Company’s DSL Access Connection Point.

Rates, Terms and Conditions
“Rates, Terms and Conditions” refers to this document as a whole comprising the rates, terms and conditions applicable to the provision of Service to Wholesale Customers by the Company.

Residence
A “Residence” is a dwelling place with a unique street address, rural delivery or other address recognized by the United States Postal Service or United States Census Bureau, notwithstanding the End User Subscriber may receive mail at a post office box, that is inhabited by a person or persons with legal control of the dwelling place and who are authorized to order service for the address. For purposes of this definition, a street address includes, where applicable, an apartment number or other such number indicating a unit within a multiple dwelling unit.

Residential Customer
A Residential Customer is an End User Subscriber currently served at a Residence with Local Exchange Switched Voice Service provided by the Company or for which the Company has facilities in place such that the Company is capable of providing Local Exchange Switched Voice Service. Where a person or persons operates a Business from a Residence, the End User Subscriber will be considered a Business Customer.

Residential Line
A “Residential Line” is a line extending the Company’s telecommunications network capable of transporting Service to the premises of a Residential End User Subscriber on a Voice-Data basis.

Retail
“Retail” means the provision of ISP services directly to the End User Subscriber by a Wholesale Customer through the Service provided under these Rates, Terms and Conditions. The relationship of the Wholesale Customer and its End User Subscribers is a retail relationship. For purposes of ISP services, the End User Subscriber has a direct relationship with the Wholesale Customer and not the Company.

Service
“Service” means the offerings of the Company comprising Wireline Broadband Internet Transport Service (“WBITS”).

Serving Wire Center
The term “Serving Wire Center” or “SWC” denotes the wire center from which the customerdesignated premises would normally obtain Local Exchange Switched Voice Service from the Company. In the context of Service provided by the Company, the SWC is the location of the DSL Access Service Connection Point and the point to which the Wholesale Customer would order ETS to complete transport from the Wholesale Customer’s network to the Company’s network.

Study Area
A “Study Area” is a geographic segment of an ILEC’s telephone operations and generally corresponds to an Incumbent Local Exchange Carrier’s entire service territory within a state for which the National Exchange Carrier Association, Inc. (“NECA”) has assigned a six-digit Study Area code (“SAC”).

Telecommunications
“Telecommunications” is the transmission of voice communications or, subject to the transmission capabilities of the service, the transmission of data, facsimile, signaling, metering, or any other form of intelligence.

Upstream
“Upstream” refers to the flow of IP data from an End User Subscriber customer designated premises such as, but not limited to an End User Subscriber’s Residence or Business to a Wholesale Customer’s Access Service Connection Point over the Company’s network.

Voice-Data WBITS
The term “Voice-Data” when used in the context of WBITS refers to provision of the Service over Company facilities that also carry Local Exchange Switched Voice Service, subscribed to by the End User from the Company to the End User premises.

Wholesale
The term “Wholesale” when used in the context of these Rates, Terms and Conditions refers to provision of Service to ISPs who, in turn, provide Internet service to End User Subscribers.

Wholesale Customer
A “Wholesale Customer” is any individual, partnership, association, trust, corporation, cooperative or governmental agency or other entity operating as an Internet Service Provider that utilizes the Service provided by the Company under these Rates, Terms and Conditions. A Wholesale Customer, as set forth herein, is responsible for the payment of charges and for compliance with all applicable terms of the Rates, Terms and Conditions.

Wireline Broadband Internet Transport Service (“WBITS”)
“Wireline Broadband Internet Transport Service” or “WBITS” is a high-speed data access service that is made available to ISPs for connection to the Company’s End Users over existing Company facilities for provision of Broadband services employing Internet Protocol.

2. Terms and Conditions

2.1 Undertaking of the Company

2.1.A Scope

The Company makes Services available to Internet Service Providers (“ISPs”). Services are described in Section 3 of these Rates, Terms and Conditions.

Connecting the Wholesale Customer’s ISP network to the Company’s network requires the Wholesale Customer to order Public Packet Data Network transport services sufficient to carry the Wholesale Customer’s data between its premises and the Company’s designated DSL Access Service Connection Point. Public Packet Data Network transport services within the Company’s serving area must be obtained from the Company under the Company’s Interstate Access Services Tariff and the Company bills customers the rates established thereunder for services ordered pursuant thereto.

For purposes of connection from the Wholesale Customer Designated Premises (“CDP”) to the Company’s DSL Access Service Connection Point, the Company provides the following services pursuant to the Company’s Interstate Access Services Tariff and subject to technical capability.

Public Packet Data Network: Ethernet Transport Service (ETS)

2.1.B Limitations

(1) The Services provided pursuant to these Rates, Terms and Conditions are offered subject to the availability of facilities and the other provisions of these Rates, Terms and Conditions.

(2) The Company does not undertake to transmit communications or messages, but rather furnishes facilities, Service and equipment for such transmissions by the Wholesale Customer.

(3) The Company retains the right to deny Service to any Wholesale Customer which fails to comply with the rules and regulations of these Rates, Terms and Conditions, or other applicable rules, regulations or laws.

2.2 Obligations of the Wholesale Customer

2.2.A All Wholesale Customers assume general responsibilities in connection with the provision and use of the Company’s Service. General responsibilities are described in this section. When facilities, equipment, and/or communication systems provided by others are connected to the Company’s facilities, the Wholesale Customer assumes the additional responsibilities as set forth in Section 2.2, herein.

2.2.B The Wholesale Customer is responsible for the payment of all charges for any and all Services or facilities provided by the Company to the Wholesale Customer.

2.2.C The Wholesale Customer shall indemnify and save harmless the Company from and against all loss, liability, damage and expense, including reasonable counsel fees, due to claims for libel, slander, or infringement of copyright or trademark in connection with any material transmitted by the Wholesale Customer using the Company’s Services; and any other claim resulting from any act or omission of the Wholesale Customer to the use of the Company’s facilities.

2.2.D The Wholesale Customer shall reimburse the Company for damages to the Company’s facilities caused by any negligence or willful act or acts on the part of the Wholesale Customer.

2.2.E In the event a suit is brought by the Company, or an attorney is retained by the Company to collect any bill or enforce the terms of these Rates, Terms and Conditions against a Wholesale Customer, that Wholesale Customer shall be responsible for payment of all reasonable attorney’s fees, court costs, costs of investigation and any and all other related costs and expenses incurred by the Company in connection therewith.

2.2.F The Wholesale Customer understands that the Services are furnished subject to the condition that there will be no abuse, fraudulent and/or illegal use thereof. Such activity includes, but is not limited to:

(1) Using the Service for any purpose which is in violation of any law.

(2) Obtaining or attempting to obtain Services through any scheme, false representation and/or use of any fraudulent means or devices whatsoever with the intent to avoid payment, in whole or in part, of charges for Services, or assisting any other person or firm in such regard.

(3) Using the Services in a manner that interferes unreasonably with the use of Service by one or more other Wholesale Customers.

2.3 Liabilities of the Company

Except as stated in this Section 2.3, the Company shall have no liability for damages of any kind arising out of or related to events, acts, rights or privileges contemplated in the Rates, Terms and Conditions.

2.3.A The liability of the Company for damages resulting in whole or in part from or arising in connection with the furnishing of Service under the Rates, Terms and Conditions including, but not limited to, mistakes, omissions, interruptions, delays, errors or other defects or misrepresentations shall not exceed an amount equal to the charges under the Rates, Terms and Conditions applicable to the specific Service (or portion thereof) that was affected. No other liability shall attach to the Company.

2.3.B The Company shall not be liable for any failure of performance hereunder due to causes beyond its control, including, but not limited to: (1) acts of God, fires, flood or other catastrophes; (2) any law, order, regulation, directive, action or request of the United States Government, or any other government, including state and local governments having jurisdiction over the Company, or of any department, agency, bureau, corporation or other instrumentality of any one or more of said governments, or of any civil or military authority; or (3) national emergencies, insurrections, riots, wars or other labor difficulties.

2.3.C The Company shall not be liable for any act or omission of any other entity furnishing facilities, equipment, or services used by a Wholesale Customer, with the Company’s Services. In addition, the Company shall not be liable for any damages or losses due to the failure or negligence of any Wholesale Customer or due to the failure of Wholesale Customer provided equipment, facilities or services.

2.4 Application for Service

The Wholesale Customer must place an Application for Service with the Company to initiate, cancel or change the Services provided pursuant to these Rates, Terms and Conditions. Applications for Services may be either in writing or orally and provide, at a minimum, the following information:

2.4.A Wholesale Customer’s name(s), telephone number(s) and address(es). In the case of a corporation or partnership, a designated officer or agent shall be named as the contact person for such corporation or partnership.

2.4.B Name(s), address(es) and telephone number(s) of person(s) to whom notices from the Company to the Wholesale Customer shall be addressed, if different from (A) above.

Executed Agreements

2.5.A Agreement

The Company and the Wholesale Customer shall execute an agreement (“Agreement”) setting forth, based on the Wholesale Customer’s Application for Service, the specific Services available under the Rates, Terms and Conditions that the Wholesale Customer is ordering, the terms and volume commitments the Wholesale Customer is establishing, the type and volume of ETS the Wholesale Customer is ordering under the Company’s Interstate Access Services Tariff. The Agreement shall incorporate by reference these Rates, Terms and Conditions. The Rates, Terms and Conditions incorporated by reference into the Agreement should be the current Rates, Terms and Conditions posted on the Company’s web site or delivered to the Wholesale Customer by United States Postal Service, subject to amendment by the Company from time to time as provided for in Section 1.1.F.

2.5.B Technical Standards Supplement (“TS Supplement”)

The Company and the Wholesale Customer shall agree to the industry technical standards applicable to the transmission of data between the Wholesale Customer and the Company through use of the Company’s Service provided pursuant to these Rates, Terms and Conditions and the Agreement. The agreed to technical standards shall be documented in the Technical Standards Supplement (“TS Supplement”). The TS Supplement shall be signed by both the Company and the Wholesale Customer and incorporated by reference into the Agreement.

The TS Supplement can be amended, from time to time, based on mutual agreement of the Wholesale Customer and the Company. If an industry standard becomes obsolete or is otherwise no longer supported by vendors associated with the Company’s network, any duties with respect to technical standards are vitiated. In the event the Wholesale Customer and the Company do not come to agreement regarding replacement industry standards, the Company shall choose the replacement industry standard most commonly used by the industry.

2.6 Charges and Payments for Service or Facilities

2.6.A Deposits

(1) The Company may, in order to safeguard its interests, require a Wholesale Customer to make a suitable deposit or provide a surety bond or letter of credit in the amount of the required deposit as a guarantee of the payment of charges. The Company shall have the right to require the Wholesale Customer to make a deposit prior to or at any time after provision of any Service, not to exceed three (3) months estimated charges. The Company may increase the amount of the deposit to reflect increases to the Wholesale Customer’s annual bill. The Wholesale Customer will receive a receipt for the deposit.

(2) Any deposit as referred to in this Section shall be held by the Company to secure the payment of the Wholesale Customer’s bill. At the Company’s option, the deposit may be refunded or credited to the Wholesale Customer at any time prior to the termination of Service.

(3) Interest will be paid by the Company on all sums held on deposit at the rate established statutorily for customer deposits. The interest will be accrued for the period during which the deposit is held by the Company.

(4) The fact that a deposit is made does not relieve the Wholesale Customer from making advance payments or from complying with the Company’s regulations for the payment of bills in accordance with the terms herein and does not constitute a waiver or modification of the regulations of the Company providing for the discontinuance of Service for nonpayment of any sums due the Company for Service rendered.

(5) Upon termination of Service, and assuming deposits of the Wholesale Customer are not applied as indicated in Section 2.6.A.2, the deposit will be credited to the Wholesale Customer’s account and any credit balance will be refunded after all amounts due the Company have been paid.

2.6.B Description of Payment and Billing Periods

(1) Service is provided and billed in advance on a monthly basis. Service continues to be provided and billed on a monthly basis until canceled by the Wholesale Customer through written notice given to the Company. Cancellation for individual Service lines will take effect within five business days following receipt by Company of Wholesale Customer’s written notice of cancellation.

(2) The Company shall establish the start date for monthly bill periods and such monthly periods shall continue through the term of the Agreement.

(3) Proration of Charges
The Company does not pro-rate for the quantities of Services in the billing period, instead a snapshot of active accounts is used for billing. The Company shall bill the Wholesale Customer based on the number of WBIAS lines in service as of the bill rendering date for each active account in use.

2.6.C Taxes and Other Charges

In addition to payment for Services, Wholesale Customer must pay all taxes, fees, surcharges and other charges that the Company bills Wholesale Customer related to Services. Taxes and surcharges will be in the amounts that federal, state and local authorities require the Company to bill Wholesale Customers. The Company will not provide advance notice of changes to taxes and surcharges, except as required by applicable law. All such taxes and charges shall be separately shown and charged on bills rendered by Company or its billing agent.

2.6.D Payment and Late Payment Charge

(1) Payment will be due as specified on the Wholesale Customer bill. Commencing after that due date, a late charge of up to the highest interest rate allowable by state laws will be applied to all amounts past due.

(2) Collection procedures and the requirement for a deposit are unaffected by the application of a late payment charge. The late payment charge does not apply to unpaid balances associated with disputed amounts. Undisputed amounts on the same bill are subject to the late payment charge if unpaid and carried forward to the next bill.

(3) Service may be denied or discontinued at the Company’s discretion for nonpayment of amounts due the Company past the due date as specified in 2.6.D(1). Restoration of Service will be subject to all applicable installation charges.

2.6.E Credit Allowance/Service Interruptions

(1) Credit for failure of Service will be allowed only when failure is caused by or occurs in the Company’s facilities or equipment owned, provided and billed for by the Company. A credit allowance is not applicable for any period during which Wholesale Customer cannot utilize the Service, except for such period where the Service is interrupted by the Company for access to its facilities for the purposes of investigating and clearing troubles and/or maintenance.

(2) Credit allowances for failure of Service or equipment starts when the Wholesale Customer notifies the Company of the failure and ceases when the operation has been restored and an attempt has been made to notify the Wholesale Customer by the Company.

(3) The Wholesale Customer shall notify the Company of failures of Service or equipment and make reasonable attempts to ascertain that the failure is not caused by Customer Provided Equipment or Customer provided facilities, any act, or omission of the Wholesale Customer, or in wiring or equipment connected to the Wholesale Customer’s terminal.

(4) Only those portions of the Service or equipment operation disabled will be credited.

2.6.F Service Interruption Measurement

(1) In the event of an interruption of Service that exceeds the minimum requirements set forth in this paragraph, the Company shall make a credit allowance at the Wholesale Customer’s request for a pro rata adjustment of all Service charges billed by the Company for Services rendered inoperative by the interruption. The credit allowance will be computed by dividing the duration of the Service interruption measured in twenty-four (24) hour days, from the time the interruption is reported to the Company, by a standard thirty (30) day month, and then multiplying the result by the Company’s fixed monthly charges for each interrupted Service.

(2) A credit allowance will not be given for interruptions caused by the negligence or willful act of the Wholesale Customer, or interruptions caused by failure of equipment or service not provided by the Company.

2.7 Termination or Denial of Service by the Company

2.7.A The Company may, immediately and without notice to the Wholesale Customer, and without liability of any nature, temporarily deny, terminate, or suspend Service to any Wholesale Customer:

(1) In the event such Wholesale Customer or its agent: (a) willfully damages the Company equipment, interferes with use of the Company’s Service by other Wholesale Customers of the Company; (b) unreasonably places capacity demands upon the Company’s facilities or Service; or (c) violates any statute or provision of law, or any rule or regulation of any state or federal regulatory agency relating to communications; or (d) otherwise fails to comply with the provisions of these Rates, Terms and Conditions or applicable law; or

(2) In the event a Wholesale Customer becomes insolvent, is the subject of any formal legal proceeding commenced in a court involving a voluntary or involuntary petition or proceeding in bankruptcy, seeks protection or relief from creditors in a formal legal proceeding after a filing for such relief, or executes an assignment for the benefit of creditors; or

(3) In the event that the Company determines that any Service is being used fraudulently or illegally, whether by a Wholesale Customer or its agent.

2.8 Billing Disputes

If Wholesale Customer believes Wholesale Customer has been billed by the Company in error, Wholesale Customer must contact the Company within thirty (30) days of the date of the bill which contains the disputed charge. Refunds or adjustments will not be issued for any charge that is more than thirty (30) days old at the time Wholesale Customer notifies the Company. Wholesale Customer may withhold from payment to the Company the disputed portion of any bill pending resolution of the dispute. Wholesale Customer must pay all non-disputed charges on the bill by the due date indicated on the bill. The Company will notify Wholesale Customer of the results of its inquiry, and either adjust the billing, issue a credit, or notify Wholesale Customer that all or a portion of the disputed amount is still owed. Wholesale Customer will be required to pay such amount within fifteen, (15) days thereafter, and if Wholesale Customer fails to pay this amount within the time required, Wholesale Customer’s account will be deemed past due and unpaid and Wholesale Customer’s Service subject to termination under Section 2.6 above. Any payments Wholesale Customer withholds pending resolution of the dispute may be subject to a late payment charge at the highest interest rate allowable by law applied to past due amounts.

3. Description of Service

3.1 General

Wireline Broadband Internet Transport Service (“WBITS”) enables data traffic generated by a Wholesale Customer provided modem to be transported from the premises of the Company’s End User to the Company’s DSL Access Service Connection Point using the Company’s facilities. A DSL Access Service Connection Point is an interconnection point designated by the Company at which the Wholesale Customer may interconnect Service provided by the Company under the Agreement and Rates, Terms and Conditions with transmission facilities ordered by the Wholesale Customer under the Company’s ETS offerings under the Company’s Interstate Access Services Tariff. The DSL Access Service Connection Point aggregates Broadband data.

3.1.A ETS Connection

The Company offers transport of Network Service Provider traffic between the Network Service Provider’s designated premises and the DSL Access Service Connection Point through Ethernet Transport Service (ETS) provided under the Company’s Interstate Access Services Tariff.

3.1.B Designated End User Premises

The Company’s Service allows Wholesale Customers to establish Broadband Internet connections to the designated End User Subscriber premises. The designated End User Subscriber premises location must be served by an existing Company provided facility. A facility is the Serving Wire Center central office line equipment and all of the plant facilities up to and including the Company provided Network Interface Device (“NID”).

The connection speed or “sync rate” is between the NID at the End User Subscriber’s premises and the DSLAM. Actual data transfer or throughput may be lower than the sync-rate due to Internet congestion, server or router speeds, protocol overheads, End User Subscriber use of multiple applications and other factors that may not be under the Company’s control.

Service will be provided by the Company subject to the availability and limitations of Company Serving Wire Centers and outside plant facilities.

3.2 Service Options

Service is available in the downstream and upstream options established by the Company as indicated in each option offered by the Company shall specify the downstream and upstream speeds.

3.3 Service Provisioning

3.3.A Responsibility of the Company

(1) Service will be provisioned over existing Company local exchange service lines.

(2) Where fiber is installed to the End User Subscriber customer premises, subject to technical capability, the Company will provision Service over fiber facilities.

(3) Where fiber facilities are not available, the Company will determine if the copper facilities are suitable for use with the Service option ordered by the Wholesale Customer. Service will not be provided on lines that are not suitable for Wireline Broadband Internet Transport Service or on lines that produce interference with other services provided by the Company.

(4) The Company will provision and maintain Service for the Wholesale Customer between the NID at the End User Subscriber premises and the Wholesale Customer’s Ethernet Transport Service DSL Access Service Connection Point.

(5) The Company reserves the right to temporarily interrupt Service for wire center or network maintenance, software updates, and in emergency situations.

3.3.B Responsibility of the Wholesale Customer

(1) The Wholesale Customer is responsible for obtaining and installing compatible End User Subscriber customer premises equipment (CPE, DSL modems and/or routers) used for connection to Company Service at the Service termination at the End User Subscriber location.

(2) The Wholesale Customer is responsible for ensuring the continuing compatibility of CPE at the End User Subscriber premises. The Wholesale Customer and/or End User Subscriber shall be responsible for any expenses incurred for required changes to Wholesale Customer and/or End User Subscriber equipment or facilities in order to make such equipment or facilities compatible with the Company’s Service.

(3) The Wholesale Customer is responsible for providing the Company with the necessary information to provision the Service to its End User Subscribers.

(4) The Wholesale Customer ordering service for connection to its End User Subscriber(s) must obtain and maintain record of a letter of agency authorizing the Wholesale Customer to act as the agent of the End User Subscriber. Upon request from the Company, Wholesale Customer will provide the Company with a copy of the letter of agency.

(5) The Wholesale Customer must have connectivity to Company’s Ethernet Transport Service network where Wholesale Customer chooses to purchase Service. The rates and charges for Ethernet Transport Service are in addition to the rates and charges for Service as set forth in these Rates, Terms and Conditions.

(6) The Wholesale Customer will obtain the appropriate authorization from its End User Subscriber to allow the Company’s employees or agents to enter the End User Subscriber’s designated premises at any reasonable hour for the purpose of installing, inspecting, repairing or removing the NID or drop associated with Service.

(7) The Wholesale Customer is responsible for providing all customer support, marketing, billing, ordering and repair to and for its Retail End User Subscribers.

(8) The Wholesale Customer purchases Service under these Rates, Terms and Conditions on a Wholesale basis and is responsible for all dealings with End User Subscribers for Internet service provided by the Wholesale Customer on a retail basis.

(9) The Wholesale Customer shall at all times be the customer of record with respect to all Services purchased hereunder and shall be responsible for payment to Company. Wholesale Customer retains all responsibility for billing its Retail End Users Subscribers and for any claim an End User Subscriber may make concerning unauthorized billing of Internet or related charges.

3.4 Rate Regulations

3.4.A Rate Elements

There are two types of rates and charges applicable to Service. These comprise a monthly Service line rate and nonrecurring charges associated with Service line ordered.

(1) Monthly Line Rates

The Monthly Line Rate applies each month for each line equipped with Service.

For purposes of application of the monthly rate, Service may be ordered under any of the following options that are offered by the Company as indicated following.

Monthly Rates Without Discount Wholesale Customers may order Service at a monthly rate without discount. Monthly rates apply without any volume commitment.

Term and Volume Plan (TVP) Rates Wholesale Customers may order Service under Term and Volume Plan (TVP) Rates as indicated following.

Service Classes Service is only provided as a Voice-Data class of service.

Service provided on the basis of voice-data is designed to support affordable Broadband Internet access for Residential and Business End User Subscribers. The actual throughput achieved by voice-data is not guaranteed and may be affected by many factors, such as Internet congestion. Service is provisioned over the End User Subscriber’s existing Company Local Exchange Switched Voice Service line. When provisioned over the End User Subscriber’s existing Local Exchange Switched Voice Service line, Service utilizes a centrally placed splitter or in-line filters to isolate the voice band service and equipment from the Service and equipment.

Line Types Wholesale Service is provided to two types of Company lines: Residential Lines and Business Lines. Residential Lines and Business Lines are defined in Section 2.1, Definitions, preceding.

(2) Nonrecurring Charges

A nonrecurring charge applies per line for the installation of Service.

For three-year commitments, nonrecurring charges do not apply to Service lines.

3.4.B Rate Application

The following diagram depicts a typical Service configuration:

CPE = Customer Premises Equipment

ETS = Ethernet Transport Service

SWC = Serving Wire Center

WBITS = Wireline Broadband Internet Transport Service

3.4.C Minimum Period

For Service provided outside of a term and volume commitment, the minimum period for which Service is provided to a Wholesale Customer and for which charges are applicable is one month.

3.4.D Moves

A move involves a change in the physical location of one of the following:

The Point of Termination at the Wholesale Customer’s designated premises in the Company’s Study Area.
The End User Subscriber’s customer designated premises.

The charges for the move are dependent on whether the move is to a new location within the same building or to a different building.

(1) Moves within the Same Building

When the move is to a new location within the same building, the charge for the move will be an amount equal to one half of the nonrecurring (i.e., installation) charge for the service termination affected. There will be no change in the minimum period requirements.

(2) Moves to a Different Building

Moves to a different building will be treated as a discontinuance and start of Service and all associated nonrecurring charges will apply. New minimum period requirements will be established for the new Services. The Wholesale Customer will also remain responsible for satisfying all outstanding minimum period charges for the discontinued service.

3.4.E Term and Volume Plan (TVP) Rates

(1) Description

The Term and Volume Plan (“TVP”) allows Wholesale Customers discounted Monthly Service rates based upon the volume and term commitment.

Term plan of one (1) or three (3) years may be available to all Wholesale Customers at applicable rates set forth in the Rates, Terms and Conditions regardless of when the subscription is made for a TVP arrangement. The Wholesale Customer must designate on the order the type of payment plan selected. The selected term shall apply to all Service access lines ordered by the Wholesale Customer without respect to speed or class. The term commitment is for the aggregate number of Service lines ordered under a volume commitment. If a Wholesale Customer terminates an individual line prior to the running of a term commitment, but the total volume of lines ordered and in service for the Wholesale Customer is above the volume chosen for the term commitment, charges for all remaining lines are not affected. For term commitments, the TVP provides a percentage discount on the Wholesale Customer’s total Monthly Recurring Charges aggregate line rates. The TVP percentage discounts do not apply to any additional taxes, fees, or surcharges that may be applicable.

(2) Rate Application

Upon expiration of a TVP period, the Wholesale Customer may choose a new TVP period, convert to month-to-month or terminate Service. The month-to-month rates will be those rates that are in effect at the time of conversion. If the Wholesale Customer fails to make a choice by the end of the TVP period, Services will continue to be billed at the existing term and volume commitment level rates and a new TVP period will begin based on previously effective term and volume commitment. All terms and conditions, including Termination Liabilities will apply to the new TVP period.

Conversion to a month-to-month or a different TVP period will require the Wholesale Customer to submit a change order. Conversion of existing TVP service to a different TVP will be allowed without application of any nonrecurring charges.

(3) Changes in Length of TVP Period

The Wholesale Customer may elect to convert to a new TVP period subject to the following conditions:

(a) Credit will not be given toward the new payment period for payments made under the original TVP arrangement;

(b) Nonrecurring charges will not be reapplied for existing service(s); and

(c) If the new TVP period is shorter in length than the time remaining under the existing TVP, the change to the new TVP period constitutes a discontinuance of the existing TVP Service and termination liability charges apply.

(4) Rate Changes

The Wholesale Customer may terminate the TVP without penalty or liability should the rates increase during the term of the existing TVP, with the exception of rate changes that may occur as a result of any rate increases resulting from FCC prescription or order that either directly or indirectly affects the cost to the Company of providing WBITS.

(5) TVP Conditions

After enrolling in the plan, the Wholesale Customer may delete or add Services rated at the specified term period/threshold level rate at any time during the plan.

(6) Monthly Minimum Charge for Term and Volume Commitment

A Monthly Minimum Charge applies for each term and volume commitment. In the event aggregate charges at the TVP rates applicable for the ordered speeds for the individual Service lines provided by the Company to the Wholesale Customer are less than the Monthly Minimum Charge for the TVP ordered by the Wholesale Customer, the charge by the Company to the Wholesale Customer for the month for Service lines will be the Monthly Minimum Charge in lieu of the aggregate of individual line charges. If the aggregate of individual line charges for a month is higher than the Monthly Minimum Charge, the Wholesale Customer is liable for the charges aggregating higher than the monthly minimum charge. Notwithstanding billing of a Monthly Minimum Charge for Service lines, the Wholesale Customer remains liable for any charges under these Rates, Terms and Conditions other than line charges that apply for a month such as Nonrecurring Charges. Additionally, the Wholesale Customer’s duty to pay for ETS charges under the Company’s Interstate Access Services Tariff are not affected by the monthly minimum charge for TVP elections under these Rates, Terms and Conditions.

(7) Termination Liability

When a TVP Service is discontinued prior to the end of the commitment term, termination liability charges comprise the Monthly Minimum Charge for the applicable term and volume commitment. Monthly Minimum Charge amounts are listed at Section 4.1.C following.

3.4.F Monthly Transfer Limitations

The Company, in its sole discretion, reserves the right to monitor bandwidth usage (i.e., monthly data transfer rate) for each individual Service line and determine when such usage is in excess of the monthly transfer limitation for the Service offering. The monthly period for monitoring is the same month as that for which service is billed by Company to Wholesale Customer for the Service line. In the event Wholesale Customer exceeds the monthly limits established by the Company herein, Wholesale Customer must undertake to limit usage within the monthly period or incur additional fees as stated below.

The monthly transfer limitation for the upstream capacity for an offering is equal to 3,000 KBs for each kb of stated upstream speed for an offering. The monthly transfer limitation for the downstream capacity for an offering is equal to 3,000 KBs for each kb of stated downstream speed for the offering. For example, an offering with 1 Mbps upstream speed and 10 Mbps downstream speed would have a monthly transfer limitation for upstream of 3,000 KBs (or 3 GBs) and a monthly transfer limitation for downstream of 30,000 KB (or 30 GBs).

In the event Company monitoring of Bandwidth usage indicates imposition of a limitation within the monthly limitation of 3,000 KB per 1 kb, Wholesale Customer may order additional monthly transfer capacity for an individual line at a charge of ten cents ($0.10) per month for each additional 1,000 KB of upstream data transfer and ten cents ($0.10) per month for each additional 1,000 KB of downstream data transfer. The monthly transfer limitations applicable to the individual Service line for which additional transfer capacity is ordered will be increased from 3,000 KB per kb reflective of the individual monthly transfer capacity ordered for either upstream or downstream.

3.4.G Individual Case Basis (ICB) Offerings

The Company will enter into individual case basis (ICB) pricing arrangements for all three-year term and volume commitments of 5,000 lines or greater. Notwithstanding the establishment of Companyspecific rates under the ICB, all other terms and conditions of these Rates, Terms, and Conditions will apply to all Services provided to Wholesale Customer under the ICB. The Wholesale Customer and the Company will execute an Agreement establishing the commitment by Wholesale Customer to the three-year term and minimum 5,000 line volume, the individual ICB rates and incorporation by reference these Rates, Terms, and Conditions.

4. Rates and Charges

4.1.A Monthly Recurring and Nonrecurring Line Charges

Service Provided over Residential and Business Lines – No Term Commitment

Line Type	Upstream - Up To	Down-stream - Up To	Monthly Recurring Charge Rate	Non-recurring Charge
WBITS Line	1 Mbps – 1 Gbps	1 Mbps – 1 Gbps	$194.13	$235.00

Service Provided over Residential and Business Lines – 1-Year Term Commitment

Line Type	Upstream - Up To	Down-stream - Up To	Monthly Recurring Charge Rate	Non-recurring Charge
WBITS Line	1 Mbps – 1 Gbps	1 Mbps – 1 Gbps	$108.25	$235.00

Service Provided over Residential and Business Lines – 3-Year Term Commitment

Line Type	Upstream - Up To	Down-stream - Up To	Monthly Recurring Charge Rate	Non-recurring Charge
WBITS Line	1 Mbps – 1 Gbps	1 Mbps – 1 Gbps	$75.64	n/a

4.1.B Service Provided over Residential and Business Lines – Volume Commitment Discounts

Volume Commitment	Percentage Discount
500 –2,499	5%
2,500 –4,999	10%
≥ 5,000	ICB

All Volume Plan rates are subject to a Monthly Minimum Charge as prescribed under Section 3.4.E(6) preceding. Monthly Minimum Charge amounts are listed at Section 4.1.C following.

4.1.C Volume Commitment Monthly Minimum Charges

Volume Commitment	Month-to-Month Monthly Minimum	1-Year Term Monthly Minimum	3-Year Term Monthly Minimum
500 –2,499	$92,211.75	$51,418.75	$35,929
2,500 –4,999	$436,792.50	$243,562.50	$170,190

Print this statement (pdf)

Network Transparency Statement (pdf)

WBITS-RTC (pdf)

Gallery

Contacts

Policies

Our Policies

AN NDTC PLEDGE TO YOU

BATTERY BACKUP POWER INFORMATION

What Your Battery Can – and Can’t – Do for You

Instructions for Proper Care and Use of Your Battery

BILLING POLICIES AND PROCEDURES, QUESTIONS AND ANSWERS

What fees and taxes are on my bill?

When is my bill due?

What if there is a billing error?

Why is my payment not reflected on my current statement?

BROADBAND INTERNET POLICY

Agreement

User Responsibilities & Acceptable Use Policy

Fees and Payments

Termination of Service

Using the Service

Logins and Passwords

Digital Millennium Copyright Act

Service Provider Address

Network Management Policy

NDTC’s Network Management Practices

I. Managing Congestion

II. Network Security

III. Device Attachment Rules/Application-Specific Behaviors

IV. Monitoring Schedule

V. Network Management Technology

VI. Service Descriptions

VII. Network Performance

VIII. Specialized Services

IX. Commercial Terms

X. Testing

Privacy Policy

Information Collected

Use of Information

Links to Other Sites

Security

Use of Cookies

Protecting Your Children

Changes to this Policy

Customer Proprietary Network Information (CPNI)

NDTC COMMANDIQ APP TERMS & CONDITIONS

I. License Grant

II. License Restrictions

III. Reservation of Rights

IV. Collection and Use of Your Information

V. Updates

VI. Term and Termination

VII. Disclaimer of Warranties

VIII. Limitation of Liability

IX. Indemnification

X. Severability

XI. Governing Law

XII. Other

XIII. Amendments to this Agreement

Contact Information

CALL BEFORE YOU DIG

CUSTOMER COMPLAINT AND CONCERN RESOLUTION

Customer Complaints

LFA (01) Local Franchise Authority

Customer Concerns

DISCONNECT POLICY

DISCLOSURE OF INFORMATION—PERSONAL PRIVACY PROTECTION

FCC VIDEO COMMUNICATIONS AND VIDEO ACCESSIBILITY ACT COMPLIANCE

INSTALLATION AND SERVICE MAINTENANCE POLICY

NETWORK TRANSPARENCY STATEMENT

A. NDTC’s Network Transparency Disclosures

B. Network Performance

C. Commercial Terms

NONCOMPLIANCE

PRIVACY POLICY

Information Collected

Use of Information

Links to Other Sites

Security

Use of Cookies

Protecting Your Children

Changes to this Policy

Gig Speeds
Innovation Communication

800.880.4213

701.662.1100

800.880.4213

701.662.1100

Community Calendars
& Events