This Wireless Service Agreement ("Agreement") sets forth the terms and conditions on which we agree to provide and you agree to accept any of our wireless services. In this Agreement, the words “MTA”, "we", "us", or "our" to refer to MTA Communications, LLC d/b/a MTA Wireless, and the words “you” and “your” refer to the customer to whom the wireless services will be provided. You accept the terms and conditions of this Agreement if you do any of the following: (i) sign this Agreement; (ii) accept this Agreement through an oral or electronic statement; (iii) use, attempt to use, or pay for any of the wireless services; or (iv) open any materials or package that says you are accepting this Agreement when you open it. You authorize any co-responsible party to this Agreement to make changes to your Customer Plan on your behalf. You represent you are of legal age and have the legal capacity to enter into and be bound by this Agreement. YOU UNDERSTAND THAT WE PRESENTLY DO NOT TRANSMIT WIRELESS EMERGENCY ALERTS.
1. Customer Plan. The calling plan together with any features you select such as text messaging, data, voice mail, etc., (collectively, your “Customer Plan”), represents the wireless services you agree to purchase and we agree to provide under this Agreement. Your Customer Plan specifies your monthly usage allowances, features, coverage areas, and the recurring and pay-per-use charges associated with your Customer Plan all as described in the calling plan, feature materials and other information made available to you at the time you accepted this Agreement. Depending on your Customer Plan, usage charges including airtime, data, long distance and roaming may apply and may vary depending upon where, when, and how you make or receive calls. The wireless services are provided subject to your acceptance of and compliance with our policies governing the wireless services and any additional terms and conditions applicable to your Customer Plan, all of which are available at www.mtasolutions.com (our “Website”).
2. Service Term. If you purchase the device(s) used to access your wireless services (“Equipment”) from us at a promotional (less than full retail) price or we provide the Equipment to you at no cost, you will be required to maintain your wireless services with us for a minimum period (“Service Term”), otherwise your wireless services will be provided on a month-to-month or prepaid basis. Upon completion of the Service Term, your wireless services will continue on a month-to-month basis until terminated by you or us. If you change your Customer Plan or your Equipment, you may be required to extend the Service Term or pay an Early Termination Fee (“ETF”), in addition to other charges.
3. Credit Check/Limit; Security Deposit. You agree that we may check your credit history prior to activating any Service or extending any credit. You must have and maintain satisfactory credit to use your wireless services. We may set a credit limit ("Limit") on your account at any time based on your credit or payment history. If we do, we will inform you of your Limit as well as any changes to your Limit. We may suspend your wireless services without advance notice if your account balance exceeds your Limit, even if your account is not past due. Your wireless services may be restored upon payment of a reconnection fee, any past due amounts and an amount that brings your account balance below the Limit. To establish or maintain your account, you may be required to pay a security deposit that we will hold as partial guarantee of payment for your wireless services. We may change the security deposit amount at any time based on your credit or payment history. You may not use the security deposit to pay any bill or delay any payment. Interest will not be paid on your security deposit unless required by law. Upon termination of your wireless services, we will apply the security deposit to any outstanding amounts you owe us or our affiliates and return the remaining security deposit, if any, to you at your last known address within sixty (60) days. Refunds may be applied to the original payment method. If your security deposit is returned to us, you have one (1) year from the date of the initial mailing to reclaim your security deposit, otherwise it will be forfeited.
4. Charges. You will be billed based on the terms of your Customer Plan including, without limitation, monthly recurring charges and charges based on actual usage (including charges for long distance, roaming, etc.). Whether you initiate or receive a call, you will be charged for the number of minutes used beginning from the time a connection is made to the time you disconnect, rounded up to the next full minute. You may be charged for calls you initiate even if you get a busy signal, and for calls others make to you, even if you do not answer the call. Internet/data usage is charged based on megabytes (MB) used. Content downloads (e.g. ringtones, backgrounds, games and multimedia messages) are subject to additional per-use and data charges.
5. Taxes; Surcharges. Our prices do not include taxes, surcharges, or other fees levied by government or regulating agencies. If you are exempt, you must provide us with valid tax exempt documentation prior to accruing such costs. You will also be billed for any surcharges related to government programs such as number pooling and portability, and E-911 service.
6. Billing; Payment. You will be billed monthly but the billing dates are subject to change. Recurring charges are billed one (1) month in advance. All other charges are billed in the month following incurrence, but are sometimes applied to a subsequent billing. You must pay all charges on your account by the due date on your bill. Past due amounts accrue interest until paid at the rate of 1.5% per month or the highest rate allowed by law. If you agree to any auto-payment option through your bank or credit account, we may initiate payment from your account for all amounts we bill you without additional authorization or notice. You may be charged additional fees if your payment is denied by a financial institution. Acceptance of less than full payment shall not waive our right to collect all amounts that you owe us. You may dispute any charge on your bill provided you do so in writing within forty-five (45) days of the bill date, otherwise the charges shall be deemed correct and undisputable. You agree to pay any costs we incur collecting past due amounts, including collection fees, attorneys’ fees, court costs and expenses.
7. Use of Wireless Services. You agree not to use your wireless services in an unlawful, fraudulent or abusive manner. You are responsible for evaluating any third party services accessible through your wireless services, including internet access. We are not responsible for anything provided by third parties. You are responsible for any use of the wireless services on your account, whether your wireless services were used by you or others. Reselling of your wireless services is prohibited. We may limit the number of voice mail, text, email or other messages that can be retained in your account.
8. Coverage. Our coverage maps include areas served by our network and by networks of other carriers and are subject to change without notice. The coverage areas shown do not guarantee service availability, and may include locations with limited or no coverage. Even within our coverage area, there are many factors that can affect your wireless services, including your Equipment, terrain, and proximity to buildings, foliage, and weather. Since much of our coverage area includes networks operated by other carriers, we cannot guarantee the accuracy of our coverage maps.
9. Roaming. Roaming occurs whenever your Equipment uses a transmission site outside of our network area or uses another carrier’s network, which may occur even within our network area. Depending upon your Customer Plan, there may be higher rates or extra charges (including charges for long distance, tolls, or calls that don’t connect) for calls made or received while roaming. Certain features and services such as voice mail, call waiting, call forwarding, and Internet access, may not be available while roaming. Certain wireless plans and/or Equipment preclude roaming or are restricted to use of our network only. You understand that your use of the wireless services when roaming is fully dependent upon the roaming carrier’s network technology and functionality.
10. Off-Net & Unlimited Usage. The wireless services are intended for use by those who live within our network area. If you move outside of our network area, or if your voice or messaging usage during any two (2) consecutive months or data usage during any month on other carrier networks (“off-net usage”) exceeds your off-net usage allowance, we may, at our option, terminate your wireless services, deny your continued use of the wireless services on other carrier networks, or change your Customer Plan to one which limits your available off-net usage or charges separately for off-net usage. Your off-net usage allowance is equal to the lesser of 750 minutes or 50% of the minutes included in your Customer Plan, the lesser of 3000 messages or 50% of the messages included in your Customer Plan, or the lesser of 24MB or 20% of the MB’s included in your Customer Plan. If your Customer Plan includes any service with unlimited usage, this means reasonable usage. If we determine your usage of such service is excessive or exceeds the norm for such unlimited usage service, we reserve the right to change your Customer Plan to one with no unlimited usage components or terminate your wireless services. We will notify you prior to taking any actions permitted under this section.
11. Lost/Stolen Equipment. You agree to notify us immediately if your Equipment is lost or stolen. All charges incurred on your account prior to you notifying us of the loss or theft is your responsibility. You agree to cooperate fully with us to investigate any suspected unlawful or fraudulent use. If we suspend your wireless services, you remain responsible for complying with all obligations hereunder, including, but not limited to, paying your monthly charges.
12. Termination of Wireless Services by Customer. You may terminate your wireless services for any reason within fourteen (14) days of activation without incurring an ETF. If this Agreement is subject to a Service Term, you must return your Equipment to us at the time of termination in like-new condition (no physical or water damage) with the manufacturer’s original packaging (undamaged and UPC intact) including all original components such as battery, charger and manual. Your account will be credited for the amount you paid, if any, for your Equipment. If you fail to return your Equipment, you will be charged an amount equal to the full retail cost of your Equipment, less any amount you may have paid. The activation fee, if any, is not refundable unless you terminate your wireless services within three (3) days of activation. If you terminate your wireless services after such fourteen (14) day period but prior to the end of the Service Term, you will be charged an ETF, which varies but will not exceed the total of all recurring charges due for the remainder of the Service Term. We do not charge an ETF for wireless services provided on a month-to-month or prepaid basis. In all cases you must pay for all applicable usage fees, access charges, taxes, surcharges and other charges that accrue to your account through the termination date. Any credits to your account related to Service Plan overages (i.e. waived charges) must be repaid if you terminate your wireless services for any reason within six (6) months of the date such credit(s) were applied. If we receive a request from another carrier to port your number and we port it, you will be deemed to have terminated your wireless services. Full details of the ETF and our return policies are available at our Website.
13. Suspension/Termination of Wireless Services by MTA. We may, without advance notice, limit, suspend or terminate your wireless services if: (i) you breach any of the terms of this Agreement; (ii) you fail to make any payment due us or our affiliates by the date such payment is due; (iii) you become insolvent or bankrupt; (iv) you provide us inaccurate credit information or we believe your credit has deteriorated and you refuse to pay any requested security deposit or advance payment; (v) you steal from or lie to us; (vi) you or any user of your account or person authorized to act on your behalf threatens, harasses, uses abusive, vulgar or otherwise inappropriate language with any of our representatives; or (vii) we believe that your wireless services are being used for an unlawful purpose or in a way that negatively affects our network or other customers. If your wireless services are suspended, you may be required to pay a fee prior to reconnecting. If we terminate your wireless services, you may be charged an ETF and will not be given credit for any unused or prepaid wireless services.
14. Disclaimer of Warranties. We make no representations or warranties, express or implied, including, to the extent permitted by applicable law, any implied warranty of merchantability or fitness for a particular purpose, about your wireless services, your Equipment, or any applications you access through your wireless services. We do not warrant that your wireless services will be uninterrupted or error free or that your wireless services will be available to you while roaming. You understand that no one, including our sales representatives and agents, is authorized to make any warranties on our behalf.
15. Limitation of Liability. In no event shall we be liable for: (i) any errors, omissions, interruptions, mistakes, lost data, failures to transmit or receive, delays, or defects in your wireless services; (ii) any damage or injury caused by the use of your wireless services or any products we sell, including use of your wireless services or your Equipment in a vehicle; (iii) any third party act or omission; (iv) any third party claim against you; (v) any damage or injury caused by a suspension, limitation or termination of your wireless services; (vi) any damage or injury caused by failure or delay in connecting a call to 911 or any other emergency service; or (vii) any event caused by factors beyond our control. To the extent permitted by law, our total liability for monetary damages for any claim you may have against us shall be limited to an amount equal to the prorated charges we bill you for the affected service during the period(s) in which such affected service is interrupted in excess of twenty-four (24) continuous hours. In no event shall we be liable to you or anyone for any indirect, consequential, incidental, punitive or special damages of any nature whatsoever arising out of or in connection with this Agreement, including, without limitation, lost profits, loss of business, or cost of replacement products or services even if we are advised of the possibility of such loss or damage. You agree to indemnify us for any third party claim, loss or damage resulting from your use or misuse of the wireless services, unless caused by our negligence or omission.
16. Disputes. You and we agree to use binding arbitration to resolve all claims, controversies, or disputes (collectively, “Disputes”) arising out of or related to this Agreement whether such Disputes arise during the term of this Agreement or thereafter. Notwithstanding, appropriate Disputes may be brought in small claims court. You and we agree to notify the other in writing of the nature of the Dispute at least forty-five (45) days prior to initiating arbitration and within one (1) year of the event giving rise to the Dispute. If you and we are unable to resolve the Dispute within such forty-five (45) day period, either you or we may submit the Dispute to binding arbitration. Arbitration shall be administered by the American Arbitration Association pursuant to its Wireless Industry Arbitration Rules (expedited procedure) then in effect by one arbitrator appointed in accordance with such rules. Each party must be individually named in the arbitration. The arbitrator's decision and award shall be final and binding and judgment on such award may be entered in any court having jurisdiction thereof. Costs of the arbitration shall be paid in accordance with the arbitrator’s final decision. BY ENTERING INTO THIS AGREEMENT, YOU AND WE AGREE TO WAIVE OUR RESPECTIVE RIGHTS TO TRIAL BY JURY OR TO PARTICIPATE IN A CLASS ACTION.
17. Changes to this Agreement. We may change the terms of this Agreement, including our wireless policies and any additional terms and conditions applicable to your Customer Plan at any time by written notice to you or by posting such changes on our Website. If you use your wireless services after such changes are effective, you accept the changes. If we change a material term of this Agreement during the Service Term and such change has a material adverse effect on you, we will waive such material term change or permit you to terminate this Agreement without incurring an ETF; provided you notify us in writing within thirty (30) days after such change is effective. The foregoing does not apply to any increase or decrease in taxes, Universal Service Fees and other charges imposed by government or based on government calculations, for which we have no control.
18. Miscellaneous. You may notify us by calling (907)745-3211 or (800) 478-3211, or in writing via our Website or at 1740 S. Chugach St., Palmer, AK 99645. We may notify you in writing at your last known address, or by calling you and leaving a voice message on your wireless or home phone. Properly addressed written notices are effective three (3) days after deposit in the U.S. Mail, postage prepaid. This Agreement provides no third party benefits except for our affiliates, successors and assigns. Liabilities or obligations for acts or omissions prior to the termination of this Agreement, obligations under the provisions regarding limitations of liability, disputes and any other provisions of this Agreement which, by their terms, are contemplated to survive or to be performed after termination of this Agreement, shall survive the termination thereof. If we fail to enforce any provision of this Agreement on any one occasion, it shall not constitute a permanent waiver of such provision, or waive our right to later enforce that provision. If any part of this Agreement is held invalid or unenforceable, the balance of this Agreement shall remain in full force and effect. Section headings are for reference purposes only. You may not assign this Agreement without our written approval. This Agreement is governed by and shall be construed under the laws of the State of Alaska, without regard to choice of law principles. This Agreement and the documents it incorporates constitutes the entire agreement between you and us for the services provided hereunder. You cannot rely on any other documents, or on what is said by any of our sales or customer service representatives, and you have no rights regarding your wireless services or this Agreement except as provided herein.
This Return Policy applies to equipment including landline telephones, wireless equipment and accessories that you purchase directly from MTA. All returns must be accompanied by the original proof of purchase. This document also outlines the Early Termination Fee (ETF) applicable to wireless services and our wireless equipment repair service.
If you purchase a residential telephone from us, you may return it for exchange, credit or refund within thirty (30) days from date of purchase. The returned telephone must be in like-new condition (no physical damage) with the manufacturer’s original packaging (undamaged and UPC intact) including all original components such as the owner’s manual.
If you purchase wireless equipment (a device used to access our wireless service) from us, you may return it to us for exchange within fourteen (14) days from the date of purchase. A restocking fee of twenty dollars ($20) for feature phones and fifty dollars ($50.00) for Smartphones applies. If you received your wireless equipment through a "Buy One, Get One Free" or similar offer, all units must be returned unless otherwise specified in the promotion. The wireless equipment you exchange must be in like-new condition (no physical or water damage) with the manufacturer’s original packaging (undamaged and UPC intact) including all original components such as battery, charger and owner’s manual. The selling price of the replacement wireless equipment must be equal to or greater than the price you paid for the wireless equipment being exchanged.
The restocking fee and any price difference may be charged to your account; provided you are not past due on any amounts owed us or our affiliates. You may exchange your wireless equipment one time only. If your Wireless Service Agreement is subject to a Service Term (a minimum service commitment), exchanging your wireless equipment will not alter your original activation date. Before returning your wireless equipment, you should transfer any files or data you wish to retain to another storage device and then delete any remaining personal information or data. Once your wireless equipment is returned, your files cannot be recovered. We are not responsible for any confidential, proprietary or personal information you fail to remove from any wireless equipment.
Most accessories you purchase from us may be returned for exchange, credit or refund within thirty (30) days from date of purchase. The returned accessory must be unused and in like-new condition in the manufacturer’s original packaging (undamaged and UPC intact) including all original components. Packages containing memory cards and batteries must be unopened.
Refunds will be made only to the original purchaser and through the original payment method. If the returned item was paid by check and your check has not cleared your financial institution, the refund will be credited to your account or delayed until such time as your check clears. If you have any past due amounts owed us or our affiliates, we will apply your refund to these amounts owed prior to issuing any other form of refund. Any rebates associated with a returned item will subsequently be voided. No refunds will be made on any unused prepaid minutes.
If you return an item with the UPC code missing, the amount of the refund will be reduced by the amount of any mail-in rebates that were available for the item between the time of purchase and the date it is returned to us. If your return does not include all components or if any components are damaged, we may, at our discretion, decline your return or charge you a fee for the missing and/or damaged component(s).
We will not accept returns for any of the following items:
• Any item which is sold as used, pre-owned, closeout or “as is”
• Cables, connectors, software, headphones and Bluetooth type devices
• Any item purchased more than 30 days prior to the date it is returned
• Any item that is physically damaged or otherwise determined by us to be ineligible for return
DISCLAIMER OF WARRANTIES
We do not manufacture any of the products we sell. We make no representations or warranties, express or implied, including any implied warranty of merchantability or fitness for a particular purpose, about any product you purchase from us. Most products we sell are warranted by the manufacturer. We encourage you to review the terms of the manufacturer’s warranty, if any, prior to purchase. Our return policies do not limit or supersede any manufacturer warranties.
EARLY TERMINATION FEE
If you terminate your wireless services fourteen (14) days after activation but prior to the end of the Service Term or we terminate your wireless services for cause, you will incur an ETF. If your wireless equipment is a feature phone, the ETF is calculated by multiplying the remaining number of months (including partial months) in your Service Term at time of termination by ten dollars ($10). If your wireless equipment is a Smartphone, the ETF is calculated by multiplying the remaining number of months (including partial months) in your Service Term at time of termination by twenty dollars ($20). For example, if your Smartphone Service Term is 24 months and you terminate your wireless services 18½ months after activation, your ETF will be $120 ($20 x 6 months).
WIRELESS EQUIPMENT REPAIR SERVICE
If your wireless equipment breaks or otherwise fails to operate due to a manufacturing defect while covered under the manufacturer’s warranty, we will, for a processing fee, file a warranty claim on your behalf with the manufacturer. This processing fee includes the cost to package and ship your wireless equipment to the manufacturer. Upon request and subject to availability, we may loan you wireless equipment to use while your warranty claim is being processed. Loaner equipment will not likely be the same as your wireless equipment, and may not be data capable or permit the use of all features and options included in your Customer Plan.
If the manufacturer denies your warranty claim, you may have the option of having your wireless equipment repaired for an additional fee. Upon payment of this additional fee, we will authorize the repair of your wireless equipment, otherwise it will be returned to you. You must return any loaner equipment in the same condition as received, less reasonable wear and tear, upon return of your wireless equipment; but should you fail to do so, you will be charged the full retail price of the loaner equipment. If your wireless equipment cannot be repaired or you elect not to have it repaired, you may purchase replacement wireless equipment from us to fulfill the remainder of the Service Term, if any, in your Wireless Service Agreement, or you may terminate your wireless services, in which case an ETF and other charges may apply. Whether you elect to use our wireless equipment repair service or not, you remain fully liable for paying all charges associated with your Wireless Service Agreement, even if you do not use your wireless services.
This Acceptable Use Policy (“AUP”) applies to any service provided by us or our affiliates that provides or includes access to the Internet, including web hosting services and high speed DSL, or are provided over the Internet or wireless data services (collectively, the “Services”).
It is our intent to at all times comply with applicable laws and regulations governing use of the Internet and the Services, including email, wireless data transmission and text messaging. By using any of the Services, you agree to comply at all times with the terms and conditions contained in this AUP and to remain fully responsible for anyone using any of the Services associated with your account(s). We reserve the right to change or modify the terms of this AUP at any time, which shall become effective when posted on our website at www.mtasolutions.com. Your use of any of the Services after changes or modifications to this AUP are posted to our website shall constitute your acceptance of such changed or modified terms.
USING THE SERVICES
You may only use the Services for lawful purposes. Your use of the Services must at all times be in full compliance with all applicable local state, federal, and international laws, rules and regulations, and all applicable rules, standards and policies issued by us from time to time.
You are fully responsible for the content of any material posted, hosted, downloaded or uploaded, sent or received, created, accessed or transmitted using the Services. We are not responsible for anything you create on our network or for any content accessible using the Services, including content provided on third party websites which are linked to our network. Such third party website links are provided for informational purposes only and solely as a convenience, and do not constitute in any way an endorsement by us of the content of such websites.
If you violate or otherwise fail to comply with the terms of this AUP, we reserve the right to suspend or terminate any or all of your Services, which in some cases may be without advance notice. Depending on the severity of the violation, we may send you a notice of such violation via email or other electronic messaging. You are responsible for taking immediate action to remedy such violation and instituting prompt and effective corrective action(s) to prevent similar future violations. If you fail to do so, your account may be suspended or terminated.
Notwithstanding, we reserve the right to immediately and without advance notice suspend or terminate your Services in response to a court order or government notice that certain conduct must be stopped or at any time we reasonably determine, that such conduct may: (i) violate any applicable law, statue or regulation; (ii) threaten, disrupt or harm our network or the networks of others; (iii) interfere with or disrupt the Internet services or the Services of others; or (iv) expose us to any penalty, fine, civil action, criminal prosecution or any other liability.
You are prohibited from using the Services in any way which (i) is unlawful, harmful to or interferes with use of our network or systems or the networks or systems of any other providers, (ii) creates threatening or offensive content or material, (iii) infringes upon the intellectual property rights of others, (iv) generates Spam or constitutes email/Usenet abuse, or (v) creates a security risk, a violation of privacy or interferes with the use of the Services by other customers. You will be in violation of this AUP if you fail to adhere to the rules, policies, guidelines or agreements applicable to any web pages, Usenet sites, search engines, chat rooms, bulletin boards, applications, or other services that are accessed via a link from our website.
Unlawful Activities. You are expressly prohibited from using the Services for any unlawful purpose. The Services shall not be used at any time in connection with any criminal, civil or administrative violation of any applicable laws, regulations, ordinances, administrative rules, treaties or court orders.
Threatening/Offensive Content. You are expressly prohibited from using the Services to host, post, transmit, or retransmit any content or material (or to create a domain name or operate from a domain name), that harasses or threatens the health or safety of others. If you utilize our web hosting services, we reserve the right to suspend or terminate your services if we reasonably determine the content to be obscene, vulgar, indecent, racist, obnoxious, malicious, abusive, defamatory, fraudulent, libelous, treasonous, excessively violent or promoting the use of violence.
Child Pornography. You are expressly prohibited from using the Services to upload or download, send or receive, post, use, copy or otherwise produce, transmit, distribute or store child pornography. We will report any violations of this prohibition as required by law and will take appropriate actions to remove or block access to any content determined to contain child pornography.
Intellectual Property Rights. You are prohibited from using the Services to upload or download, send or receive, post, use, copy or otherwise reproduce, transmit, retransmit, distribute or store any content or material, or to engage in any activity that infringes upon, misappropriates or otherwise violates the intellectual property rights of others, including but not limited to any rights protected by copyright, patent, trademark or other intellectual property right now known or later recognized by law, judicial decision or regulation.
Broadband Service. You are not permitted to share your Internet Service with neighbors, other businesses (even if in the same building) or with locations other than your own. You may connect multiple computers or other devices used to access the Internet Service within a single residence or a single business location to the Equipment using a single Broadband account and a single IP address which we provide. If we provide more than one User ID for your Broadband account, such additional User IDs are not permitted to be used as dial-up connections. Broadband Service may not be available in all areas, may not be available at the rates, speeds, or bandwidth generally marketed, and some telephone lines may not qualify for Broadband Service even if initial testing indicated that your telephone line was qualified. We will provision your telephone line for Broadband Service at the maximum line rate available to your location based on our standard telephone line qualification procedures, unless you have selected a level of service with a lower maximum line rate.
Broadband Usage. By use of your MTA Internet account, you acknowledge that we may establish general practices and limits concerning use of the service. Our Internet packages, unlike dedicated commercial services, are not designed to support continuous or automated high-volume data transfers and are subject to fair and reasonable use of service conditions that are necessary to provide a quality Internet experience at an affordable price for all consumers. Residential accounts are meant for use by an individual or family. Business accounts are meant for similar use, but by larger groups of users and with the addition of commercial, revenue-generating activities. We may initiate a Usage Review of a customer account with usage in excess of expected ranges and we reserve the right to make changes and/or terminate service and/or the account if the usage pattern is excessive or negatively impacts our network, or otherwise violates this Policy. Examples of such activities might include, but are not limited to: extensive use of peer-to-peer file sharing programs, game hosting applications, continuous and/or excessive streaming of video content, or an unsecured wireless signal. If your usage pattern is excessive, you will first be notified to reduce your usage pattern. If you fail to reduce your usage, we reserve the right to terminate your service.
Spam, Email and Usenet Abuse. You will breach the terms of this AUP if you violate the CAN-SPAM Act of 2003, or any other applicable law regulating email services. You are prohibited from using the Services for any activities related to email and/or Usenet abuse including the distribution of Spam. Listed below are some examples of email or Usenet abuse:
Security Violations. You are prohibited from using the Services to interfere with, gain unauthorized access to, or otherwise violate the security of our network or the networks, systems, computers or equipment of others. Listed below are some examples of security violations:
PROTECTING YOUR PERSONAL INFORMATION
You are solely responsible for protecting your personal information. When using the Services, you must always use good discretion before releasing your personal information to anyone. You should ensure that your networks, systems, computers, wireless equipment and any other equipment you connect to or use to access the Services is secure. This includes keeping the operating system software on your equipment up-to-date and maintaining appropriate Internet security software. We are not responsible and disclaim any liability whatsoever for any loss, damage or liability you may incur which relates to or arises from any theft, damage or destruction of your personal information or other information.
MONITORING CONTENT AND MATERIALS
We have no duty or obligation to monitor any of the content or material accessed or distributed using the Services; however, we will monitor content or material as necessary to comply with applicable laws, rules, regulations or other governmental or judicial requests, or to protect our network.
The FCC has recently issued new rules intended to preserve the free and open Internet. These rules require MTA to provide the following disclosures:
MTA’s connections to the Internet are provisioned with adequate capacity to prevent congestion, even during the busiest periods. We do not inhibit or favor applications or classes of applications being used over the network. MTA does not restrict the types or quantities of devices connected to a High Speed Internet subscriber’s Internet connection. MTA Mobile Data does not allow connections to the mobile network via third party devices at this time.
MTA offers many different High Speed Internet packages to best serve our customers’ needs. Digital Subscriber Line (DSL) is the primary technology utilized by MTA. Mobile Data uses a combination of 3G and 1xRTT, depending on location. High Speed Internet speeds are targeted to achieve 100% of advertised speeds. MTA Mobile Data plans on the 3G network will typically range from 1 to 3 megabit-per-second (Mbps) and 1xRTT plans offer speeds up to 144 kilobits-per-second. Speed may be tested on MTA’s speed test server at http://speedtest.mtaonline.net.
MTA’s round-trip latency to our Internet connections depends on the technology used to access the Internet. For Internet subscribers with DTV, latency is less than 100 milliseconds. Latency from 3G wireless devices is less than 200 milliseconds.
MTA offers many Internet package suitable for real-time applications such as voice-over-Internet or streaming media. Our customer service representatives are happy to assist consumers in choosing a package which matches the specifications for specific software or applications.
MTA offers DTV, delivered over the broadband network. However, purchasing DTV will not impact last-mile capacity or performance of broadband Internet access service.
Monthly pricing, usage-based fees, and other fees for fixed and mobile broadband services are available on the MTA Internet and Mobile Internet Options pages.
Traffic from individual subscribers is not analyzed or characterized in any way, nor are any security measures employed which could impair subscribers from utilizing their Internet connections in any lawful way they desire.
If you require additional information please visit an MTA store in Eagle River, Palmer or Wasilla. You may also write to Matanuska Telephone Association, Attn: Customer Service Manager, 1740 S Chugach Street, Palmer Alaska 99645. Within 7 days, we will send you a letter acknowledging receipt of your letter. Within 15 days of receiving your information, we send you a letter of determination. If MTA’s determination is not satisfactory, you may contact the MTA Board of Directors.