Policies

Agri-Valley Services Corporation (the “Company”) hereby agrees to furnish Internet service (“Service”) and/or Internet telecommunications Equipment (“Equipment”) to the person, firm, or entity executing this Agreement (the “Customer”) within the designated geographic area effectively served and licensed by the Company. The Customer accepts all responsibility for the persons allowed to use the Service and/or Equipment (each such person an “Authorized User”).

THESE TERMS AND CONDITIONS (“Agreement”) include the terms set out in the Company’s Acceptable Use Policy (herein referred to as AUP), which is incorporated by reference into this Agreement and is available online at www.agrivalleyservices.com. Customer agrees to periodically
check for updates of the AUP and comply with the AUP as in effect from time to time. As part of agreeing to this Agreement, the Customer agrees to comply with the Company’s AUP. If there is a conflict between the Company’s AUP and this Agreement, this Agreement controls. Service sessions may be conducted only for the purposes described in the Company’s AUP.

  1. Availability of Service. Service may be temporarily refused or limited for reasons including, but not limited to, system capacity limitations, service area limitations, transmission limitations caused by atmospheric and other natural or artificial conditions adversely affecting transmissions, and equipment modifications, upgrades, relocations, repairs, and similar activities.
  2. Limitations of the Company’s Liability. Because of the inevitability of errors incident to the provision and use of the Service and/or Equipment,
    the Service and/or Equipment furnished by the Company is subject to the terms, conditions, and limitations specified in this Agreement, including, but not limited to, those set forth below.

    1. The Company’s sole liability to the Customer, Authorized Users, and others for interruptions in the Service and/or malfunctioning of the Equipment is as follows:
      1. As the Company’s full and complete liability, at the Customer’s request, a credit allowance will be made in the form of a pro rata adjustment of the fixed monthly charges billed by the Company for the period during which Service was inoperative as a result of the interruption. In the event the Customer, Authorized User, or other person is affected by such interruption for a period of less than 24 hours, no such adjustment shall be made.
      2. Any such interruption will be measured from the time it is reported to or detected by the Company, whichever occurs first.
      3. When an interruption exceeds 24 hours, the length of the interruption will be measured in 24-hour days. A fraction of a day consisting of less than 12 hours will not be credited, and a period of 12 hours or more will be considered an additional day. The credit allowance will be computed by dividing the length of the Service interruption by a standard 30-day month, and then multiplying the result by the fixed monthly charges billed by the Company to Customer for the particular month. In no case will the credit exceed the monthly charges to the Customer. No other liability will attach to the Company for such interruption to Service.
      4. A credit allowance will not be given for interruptions caused by the negligence or willful act of the Customer or Authorized User or interruptions caused by failure of equipment or service not provided by the Company, or by Company provided equipment that has been modified, mishandled, or abused. Any service disruption due to a damaged drop, caused by the Customer, is a billable charge to the Customer for repair or replacement of the drop.
    2. The Company is not liable or responsible for any act or omission in the operation of non-Company facilities used in connection with the Service. Customer acknowledges that some or part of the Service may be offered by the Company through a contract or agreement with a third party (“‘non-Company service”). If the Company’s authority to provide a non-Company service is modified or terminated, the Company shall modify or terminate the non-Company service to Customer without any liability whatsoever to Customer.
    3. The Company shall in no event be liable for interruptions or delays in Service when caused by acts of God, fire, health emergencies, war, riots, Government Authorities, or other causes beyond its control, including type and condition of Customer’s Equipment.
    4. The liability of the Company for loss or damage arising out of mistakes, omissions, interruptions, delays, errors or defects in the Service, its transmission, or failures or defects in Equipment and facilities over which the Service is furnished, or any other acts of the Company, occurring in the course of furnishing the Service or otherwise and not caused by the negligence of the Customer or Authorized User, shall in no event exceed an amount equivalent to the proportionate charge to the Customer for Services for the month in which the event occurred. In no event shall the Company be liable for any indirect incidental, consequential or special damages including without limitation any loss by the Customer or Authorized User of business revenue, data, goodwill, or other claim arising in connection with the use of the Service and/or Equipment.
    5. The Customer or Authorized User hereby agrees to indemnify and hold the Company harmless against claims arising from Customer’s or Authorized User’s actions for libel, slander, or infringement of copyright from the material transmitted through the use of the Service and/or Equipment against claims for infringement of patents arising from combining with, or using in connection with the Service and/or Equipment, any apparatus, or system of the Customer or Authorized User; and against all other claims arising out of any act or omission of the Customer or Authorized User in the connection with the Service and/or Equipment.
    6. The Company is not liable for damages for any accident or injury occasioned by the presence of, or use of, the Service and/or Equipment or the Customer’s equipment. The Company is not liable for any defacement or damage to any Customer’s or Authorized User’s motor vehicle or to any other personal or real property resulting from the existence, installation, or use of the Equipment.
    7. If Customer is not completely satisfied with the Service, Customer may cancel service within 30 days of installation. All outdoor Equipment will be removed by the Company and any indoor Equipment must be returned to the Company’s office within 45 days of original installation. Upon receipt of all Equipment, Customer’s agreement will be terminated. Customer is responsible for paying for the days of internet service that were used during the period of Service initiation until cancellation completion and any activation fee paid by Customer will not be refunded. Customer’s agreement for internet service will be terminated and the Company will waive any default fees then accrued on Customer’s account.
  3. Use of Service.
    1. The Service is furnished for the use by the Customer and Authorized Users for lawful purposes only.
    2. The Service shall not be used to make foul or profane expressions, to impersonate another person with fraudulent or malicious intent, to contact another person so frequently or at such times or in any other manner so as to annoy, abuse, threaten, or harass such other person, or
      for any purpose in violation of the law, or in such manner as to interfere unreasonably with the use of the Service by any of the Company’s other Customers or Authorized Users.
  4. Disconnection and Termination of Service by the Company for Cause.
    1. Upon nonpayment of any sum due the Company, whether that sum is due under this Agreement or another agreement between the Customer and the Company or any other sum which the Customer may owe the Company for any reason, or upon a violation of any of the conditions governing the use of the Service as provided herein, the Company may without other formality and without incurring any liability to the Customer or Authorized Users, either temporarily discontinue or permanently terminate the furnishings of Service to the Customer, at the Company’s sole discretion, either in part or in whole. The Company shall not be liable to any Customer or Authorized User for any damages of any kind whatsoever resulting from interruption of Service as a result of disconnection or termination of Service to a Customer.
    2. In the event the Service or Equipment (or Customer provided equipment) is used in violation of any of the provisions herein, the Company may without notice take such actions as is necessary for the protection of the Service of its Customer’s including, but not limited to, disconnection of the Service to the Customer without any credit allowance as provided in Paragraph 2 hereof, and thereafter Service may be refused, discontinued, or terminated in the sole discretion of the Company. The Company may, in its discretion, advise the Customer of the violation, in which event the Customer or Authorized User shall discontinue such use of the Equipment or correct the violation immediately confirming in writing to the company that such use has ceased or that the violation has been corrected.
  5. Termination of Service.
    A Customer may terminate Service only by directly notifying the Company either orally or in writing. Company may terminate service, without notice, for any violation of this Agreement or other applicable terms. The Customer is responsible for payment of outstanding charges for the period the Service was rendered. If Company initiated disconnection or Customer initiated termination occurs within the Minimum Agreement Period (as defined in Paragraph 9 below), the Customer who has agreed to and received any Special Price Offer as may be set forth on the reverse side shall also be responsible for payment of the full Minimum Agreement Period amount, together with all costs, liquidated damages and reasonable attorney fees associated with Company’s enforcement of this Agreement. In all cases, the Company is entitled to recovery of reasonable attorney fees in connection with actions to enforce this Agreement.
  6. Warranties.
    THE COMPANY DISCLAIMS ANY AND ALL WARRANTIES OR REPRESENTATIONS WHATSOEVER WITH RESPECT TO THE OPERATION OF THE EQUIPMENT AND ITS SERVICES. THE EQUIPMENT AND SERVICES ARE PROVIDED ON AN “AS IS” BASIS AND WITH NO WARRANTIES, WRITTEN OR ORAL, STATUTORY, EXPRESSED, OR IMPLIED, INCLUDINGANY IMPLIED WARRANTY OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE, ACCURACY, NON-INFRINGEMENT, NON-INTERFERENCE, COMPATIBILITY, AND INTEGRATION SHALL APPLY TO THE EQUIPMENT OR THE COMPANY’S SERVICES. THE COMPANY DOES NOT WARRANT THAT ANY SERVICES OR EQUIPMENT WILL PERFORM AT A SPECIFIC SPEED, BANDWIDTH OR DATA THROUGHPUT RATE, OR WILL BE UNINTERRUPTED, ERROR-FREE, SECURE, OR FREE OF VIRUSES, WORMS, DISABLING CODE OR SIMILAR CONDITIONS. IN NO EVENT SHALL THE COMPANY BE LIABLE FOR LOSS OF DATA.
  7. Payment of Rates and Charges.
    1. The Customer is responsible for one month’s payment of rates and charges in advance, specified in the Company’s price plans currently in effect, for all Service furnished to the Customer or an Authorized User. In addition, Customer is responsible for the fees and charges described in the Terms of Service.
    2. The Company reserves the right to revise, at its sole discretion and at any time, rates and charges and use policies and price plans for use of Service by the Customer.
    3. The Company reserves the right to require Customer to make a security deposit for the establishment or continuation of Service. Such deposit and any calculated interest if applicable will be returned to the Customer, less any amounts due the Company, within 45 days after termination of Service. The Service Activation Fee shall not be deemed a deposit. If Customer does not receive a past due notice from Company in a 12-month period, at Customer’s request, security deposit will be refunded in the form of a credit on Customer’s bill.
    4. Subject to the maximum limitations imposed by applicable state law, a late payment charge applies to each Customer bill when the previous month’s bill has not been paid in full, leaving an unpaid balance carried forward. The late payment charge is applied to the total unpaid amount carried forward and is included in the total amount due on the current bill.
    5. In the event the Equipment or Customer’s equipment is lost or stolen, the Customer is liable for all usage from such Customer’s Equipment until such time as the theft is reported to the Company in writing. In the case of theft, the Customer is responsible for obtaining a police report on the stolen unit and rendering the police report to the Company.
    6. Customer agrees to pay all applicable taxes, fees or exactions that the Company charges in connection with the Service and/or Equipment rendered to the Customer.
  8. Certificate of Authority.
    If the Customer is a person, firm, or organization other than the signer hereof, the individual executing this Agreement on behalf of such Customer hereby certifies having authority to sign on behalf of Customer and authorizes any installation that is necessary to provide Service. In the event and to the extent that the signer shall not have been so empowered, the signer hereby personally guarantees performance of all Customer’s obligations hereunder, including all court and reasonable attorney’s fees incurred. This shall be a continuing guarantee, and shall not be affected by any renewal, amendment, or supplement to this Agreement.
  9. Minimum Agreement Period (Service).
    The minimum agreement period for Service is one month, unless otherwise stated on the reverse side. Customer acknowledges that early Customer termination or early Company disconnection of the Service will result in financial damage to Company which is difficult to calculate. Therefore, any contrary provision of this Agreement notwithstanding, in the event of early termination or disconnection for any reason, Customer shall be liable to Company for liquidated damages in the form of an Early Termination Fee at the rate stated on the reverse side in addition to any other damages the Company may be entitled to by law, including, but not limited to, all costs, expenses, and reasonable attorney’s fees incurred. Early termination shall be any act or failure to act of Customer which effectively causes a termination or right to terminate this Agreement, including, but not limited to, termination or disconnection of service or a violation of the use of the Service.
  10. Terms of Agreement.
    This Agreement shall become effective on the date that the Company accepts this Agreement and the Customer’s initial service order and shall continue in affect for the Minimum Agreement Period (Service) unless sooner terminated as herein provided. After Minimum Agreement Period (Service) expires, this Agreement shall be automatically renewed from month to month. In the event that service is temporarily suspended for delinquency of payment, the Agreement terms shall be extended for the number of days service was suspended in order to fulfill the terms of the Agreement.
  11. Assignment.
    The parties agree that this Agreement may not be assigned or transferred by the Customer, in whole or in part, without the prior written consent of the Company. The Company, may however, upon 5 days written notice to Customer, assign all or its rights, duties, and obligations hereunder.
  12. Waiver.
    No failure on the part of either party hereto to exercise and no delay in exercising, any right, power, or remedy hereunder shall operate as a waiver thereof, nor shall any single or partial exercise of any right, power or remedy by any such party preclude any other right, power or remedy. No express waiver or assent by any party hereto to any branch of or default in any term or condition of this Agreement shall constitute a waiver or assent to any succeeding breach of or default in same or any other term or condition hereof.
  13. Entire Agreement.
    This Agreement supersedes all prior discussions and agreements between the parties with respect to the subject matter hereof and this Agreement contains the sole and entire agreement between the parties with respect to the matters covered hereby. In the event of any conflict between the provisions contained in any contract, service order or other document used by the Company, the provisions of this Agreement shall control. The Company does not provide marketing, billing, collection, or other such services under this Agreement.
  14. Governing Law.
    This Agreement is made and delivered in and shall be governed by, construed, and enforced in accordance with the laws of the State of Michigan Customer acknowledges that it is a violation of law to intentionally defraud Company by producing, using or having custody or control of an Internet device which has been altered to obtain Service from Company. Venue for all disputes will be Huron County.
  15. Purchase of Equipment.
    1. Customer agrees to pay Company for the stated term and at the price(s) shown on the reverse side of this Agreement including all applicable accessory costs, installation, administrative fees, late charges, and sale tax. Customer agrees to sign a service commitment for Company service for each piece of Equipment. Company will bill Customer for all payments due under this Agreement.
    2. Title to purchased Equipment passes to Customer upon execution of this Agreement. Equipment that is rented remains titled to the Company.
    3. Activation Fee may include, but is not limited to, Equipment Purchase, Installation Fee and/or Service Activation.
    4. Customer assumes the risk of loss, damage, and destruction to the Equipment from the date of its delivery to the Customer. Risk of loss does not affect title to the Equipment, nor does it affect payment due under this Agreement.
  16. Regulation.
    The Company and Customer hereby agree that this Agreement shall at all times be subject to changes modifications or nullification by any authorized regulatory authority of the State in which the Service is provided, the Federal Communication Commission or any other authorized governmental body and further that this Agreement notwithstanding its provisions, shall at all times be specifically subject to all applicable tariffs and other regulatory statements and should the Company lose its license to operate, this Agreement is thereby cancelled and becomes null and void.
  17. Adjustment for Taxes, Fees, Etc.
    The price plans of the Company do not include any amounts resulting from taxes, fees or exactions imposed by or for any municipal operation or other political subdivision or agency of government. The Customer shall be fully responsible for such taxes, fees, or exactions.

Copyright © 2023, Agri-Valley Services Corporation – All rights reserved

Rtv. 05222023

23945:00001:7116245-1

Service Request: Applicable Terms Of Service (TOS)

Unless expressly waived in writing by an authorized AVS Tech Team agent, the terms below apply to all requests (Service Requests) a person (Customer) makes to AVS Tech Team (AVS) for services (e.g., computer repair, networking work, consulting work, etc.).

LIMITED WARRANTY. AVS warrants equipment it sells for 30 days. After that period, the manufacturer’s warranty (if any) applies. Additionally, AVS warrants refurbished desktop and laptop personal computers it sells for 6 months from the date of purchase, for parts and labor. New desktop and laptop computers are warrantied for the period designated by the manufacturer (if any). If a customer timely files a warranty claim for a custom computer, AVS will perform the duties set forth in the Tech Team Applicable Terms of Service under paragraphs “Defects in Workmanship” and “Repair all Defects. To file a claim under this warranty, Customer must contact AVS (1) in person at the AVS Tech Team location of purchase or (2) call (888) 282-4943. Customer must provide original receipts at the time of the warranty Service Request for all repairs covered under a product warranty. This warranty only applies to a Customer who purchased a computer directly from AVS. This warranty gives you specific legal rights, and you may also have other rights which vary from state to state.

RESTOCK FEE. If Customer returns any equipment for reasons other than the equipment is defective, Customer must pay a 15% restock fee (15% of the total cost Customer paid for the equipment). AVS has sole discretion to determine if a Restock Fee is to be charged.

DEPOSIT. If the Service Request requires AVS to special order equipment, Customer must provide a nonrefundable deposit as AVS determines.

REPAIR ESTIMATE. Customer must pay up to, but not exceeding, the estimated amount on the work order. AVS will notify Customer for approval of repairs that will exceed the estimated amount on the work order before the product is repaired. If Customer does not approve exceeding the estimate, the product will be returned to the drop-off location unrepaired.

COMPLETION DATE. AVS will strive to complete all Service Requests in a workmanlike manner and per industry standards, and in a reasonable amount of time based on existing network knowledge. AVS will also strive to meet any estimated completion date, but that date may be changed at AVS’s discretion or not met for various reasons, including those outside of AVS’s reasonable control (such as delays a third party causes). AVS will attempt to notify the Customer (e.g., by telephone or otherwise) of a change in any estimated completion date. AVS is not liable for delays in work or faults in workmanship a third party causes, including third parties AVS works through to perform the Service Request.

PREEXISTING CONDITIONS. AVS may not be able to perform a Service Request due to conditions pre-dating the Service Request. In that case, AVS will attempt to contact Customer. But AVS will not perform any further work on the Service Request.

REPLACEMENT PARTS. If replacement parts are required for any Service Request, AVS will use new or rebuilt parts that perform to the factory operational specifications of the product. Customer is responsible for the replacement parts’ costs.

REPAIR ALL DEFECTS. AVS technicians will repair at Customer’s cost all defects they discover while performing a Service Request upon Customer’s agreeing to applicable fees (unless otherwise requested).

DEFECTS IN WORKMANSHIP. AVS will without charge correct defects in its workmanship if reported to it within 7 days after pickup.

PHYSICAL DAMAGE. AVS is not liable for any damage to equipment that occurs while in its possession for a Service Request if attributable to an event outside AVS’s control or to Customer’s negligence, or if existed when the product was delivered to AVS. Notwithstanding anything else in this TOS, AVS’s maximum liability for physical damage to a product is limited to the actual cost to repair or replace the specific part damaged. Customer waives any claims related to physical damage allegedly arising while in AVS’s possession if Customer fails to report it at pickup.

ABANDONED GOODS. AVS will provide this TOS to a Customer who makes a Service Request. When the Service Request is done, AVS will try to notify Customer by a method of AVS’s choice (e.g., telephone or otherwise). If Customer within 30 days of that attempted notice fails to pick up equipment Customer deposited with AVS as part of the Service Request, Customer is deemed to have intended to abandon that equipment, and all such equipment is deemed abandoned. AVS accepts no responsibility for abandoned equipment. AVS may dispose of abandoned equipment as it wishes. Customer releases AVS and waives any claims regarding such disposal.

LABOR CHARGE. Customer agrees to the minimum labor charge for troubleshooting a product subject to a Service Request if such labor charge isn’t covered by Customer’s product warranty. Other charges (e.g., parts and labor) may apply to a Service Request if not covered by a product warranty, and Customer must refer to the product warranty’s terms for information about coverage and charges (e.g., problems with products that may not be covered by a warranty might include damage caused by acts of nature, cleanings, or Customer adjustments). Any requests that AVS provide training services will be charged at AVS’s then-current labor rates.

BACKUP. Customer must backup all data on a product Customer asks for service or repair on. AVS will not backup any data on a product unless Customer specifically asks for it at the time of the Service Request and agrees to applicable fees. If AVS performs a backup, it may make a single backup, which it must erase or, if Customer does not promptly pick it up, destroy. Even if Customer asks AVS for a backup, AVS is not liable for any loss of any data, software, information or files during the backup. Before delivering a product for a Service Request, Customer must remove all media (compact disks, etc). AVS is not liable for any loss of media that is not removed or data not backed up but allegedly lost during a Service Request.

ON-SITE SERVICES. For on-site services, a person at least 18 years old must be present during the entire period services are provided. If no person at least 18 years old is present when the technician arrives, services will be denied and a $65 cancellation charge will be assessed to Customer. On-site services may also be denied if dangerous or unhealthy conditions are present.

END USER LICENSE AGREEMENTS. AVS may accept for Customer End User License Agreements when performing a Service Request.

MISCELLANEOUS. AVS may refuse a Service Request to anyone for any reason at any time as allowed by law. AVS is not liable to Customer or any third party should it exercise its right to refuse a Service Request. This TOS is the entire agreement between AVS and Customer as to a Service Request. This TOS, and Customer’s purchase of Service Request, are governed by the Michigan law. Neither the course of conduct between the parties nor trade practice may modify these TOS. If any part of these TOS is found by a court to be invalid, that does not invalidate the remaining terms.

PAYMENT Unless stated in writing otherwise, all fees and charges are nonrefundable. AVS may change the fees and charges then in effect, or add new fees or charges, by giving Customer notice in advance. Customer’s Service Request placement is an affirmative agreement by Customer to be bound by these TOS.

LIMITATIONS TO SERVICE AVS is not liable for any loss, or failure or delay in performing the Service Request, due to a cause beyond its control.

INDEMNIFICATION
Customer agrees to indemnify, defend, and hold harmless AVS (and its affiliates and their respective officers, directors, employees and agents, including the AVS Tech Team) from and against any and all claims (including suits, causes of action, demands, liens, encumbrances, security interests,) and all losses (including damages, settlements, judgments, costs, obligations, liabilities, and attorneys’ fees) that a third party may seek against AVS. that arise from or relate to Customer’s alleged (a) breach of this TOS; (b) infringement of any patent, copyright, trademark, trade secret or other property or contract right of any other person; (c) failure to promptly pay sums due third parties; (d) failure to comply with applicable laws, regulations or ordinances; or (e) acts or omissions of Customer (or its officers, directors, employees or agents).

DISCLAIMER OF WARRANTIES
TO THE EXTENT LAW ALLOWS, CUSTOMER EXPRESSLY AGREES THAT ITS MAKING OF A SERVICE REQUEST AND USE OF AVS’S SERVICES ARE AT CUSTOMER’S SOLE RISK. SERVICES ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS. EXCEPT AS EXPRESSLY PROVIDED HEREIN, AVS EXPRESSLY DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, WHETHER FOR SERVICES OR GOODS, INCLUDING, BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT. AVS MAKES NO WARRANTY THAT THE SERVICE REQUEST WORK WILL MEET ANY CUSTOMER REQUIREMENTS, OR THAT THE WORK WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE. NOR DOES AVS MAKE ANY WARRANTY AS TO THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE PRODUCT THAT IS THE SUBJECT OF A SERVICE REQUEST. NO ADVICE OR INFORMATION, ORAL OR WRITTEN, OBTAINED BY CUSTOMER FROM AVS CREATES ANY WARRANTY NOT MADE HERE. SOME STATES DO NOT ALLOW LIMITATIONS ON HOW LONG AN IMPLIED WARRANTY LASTS, SO THE ABOVE LIMITATION MAY NOT APPLY TO YOU.

LIMITATION OF LIABILITY
TO THE EXTENT LAW ALLOWS, AVS IS NOT LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL OR CONSEQUENTIAL DAMAGES, RESULTING FROM WORK PERFORMED ON CUSTOMER’S EQUIPMENT PURSUANT TO A SERVICE REQUEST OR FROM CUSTOMER’S INABILITY TO USE THE EQUIPMENT THAT IS THE SUBJECT OF A SERVICE REQUEST, INCLUDING BUT NOT LIMITED TO DAMAGES FOR LOSS OF PROFITS, EVEN IF AVS HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. SOME STATES DO NOT ALLOW EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES SO THE ABOVE LIMITATION OR EXCLUSION MAY NOT APPLY TO YOU.

Revised: 8-19-21/ Effective: 8-19-21 

Why is AVS providing this Acceptable Use Policy to me?

This Acceptable Use Policy (AUP) supplements the Terms of Service (TOS). AVS’s goal is to provide its subscribers who use the Internet through its services (the “Services”) with the best service possible. To help accomplish this, AVS has adopted this AUP as part of its TOS. This AUP outlines Prohibited uses of the Services for you as a subscriber (“Subscriber”) of the Services. This Policy is in addition to those restrictions contained in the AVS Customer Service Agreement (the “Customer Agreement”) available at www.agrivalleyservices.com. Use of AVS’s Services constitutes acceptance and agreement to AVS’s AUP as well as AVS’s TOS.

AVS reserves the sole discretion to deny or restrict Subscriber’s Services, or immediately suspend or terminate Services, if the use of Services by you or anyone using it, in AVS’s sole discretion, violates this AUP or related policies, is otherwise unlawful, interferes with other users or with the functioning or use of the Internet or our network.

What obligations do I have under this AUP?

All Subscribers of AVS Services must comply with the TOS, AUP and the Customer Agreement. Failure to comply with any of those documents could result in the consequences set out in those documents, including suspension or termination of your Services/Subscriber’s Services account. If Subscriber does not agree to comply with those documents, Subscriber must immediately stop all use of the Services and notify AVS in writing so that it can close Subscriber’s account.

How will I know when AVS changes the TOS, AUP or the Customer Agreement, and how do I report violations of it?

AVS may revise its TOS, AUP or the Customer Agreement periodically. If it does, it will post new versions at www.agrivalleyservices.com. AVS will use reasonable efforts to make Subscribers aware of any changes, which may include sending e-mail announcements or posting information on the AVS Web site. Revised versions are effective immediately upon posting. Subscriber’s continued use of the Service shall be considered acceptance to any revised AUP or related policies. Accordingly, Subscribers should read any AVS announcements they receive, regularly visit the AVS website (www.agrivalleyservices.com), and review the listed policies to ensure that their activities conform to the most recent version. Subscribers may send questions regarding the TOS, AUP or the Customer Agreement and report violations of them, to Support@avci.net. If Subscriber does not agree to revisions or to any of the terms in updated versions, Subscriber’s only remedy is to cancel Subscriber’s account.

I. PROHIBITED USES AND ACTIVITIES

WHAT USES AND ACTIVITIES DOES AVS PROHIBIT?

This Policy prohibits using the Service for illegal actions, actions that infringe the rights of others, and actions that interfere with or diminish the use and enjoyment of the Service by others.

Prohibited acts also include, but are not limited to, using the Service or Equipment to do any of the following:

A. Prohibited Uses:

Unless specifically outlined by your rate plan as permitted, prohibited uses include, but are not limited to, using Services; (i) for any activity that adversely affects the ability of other people or systems to use either the Services or other parties’ Internet-based resources including, but not limited to excessive consumption of network or system resources (whether intentional or unintentional) and “denial of service” (DoS) attacks against another network host or individual user and(ii) interference with or disruption of other network users, network services or network equipment.

AVS reserves the right to (i) limit throughput or amount of data transferred, deny Service and/or terminate Service, without notice, to anyone it believes is using the Service in any manner prohibited above or whose usage adversely impacts its network or service levels and (ii) protect its network from harm, which may impact legitimate data flows.

You may not send solicitations to AVS subscribers without their consent. You may not use the Services other than as intended by AVS and per applicable law. Plans are for individual use only and are not for resale.

B. Unsupported Uses:

Unless specifically outlined by your rate plan as permitted, unsupported uses include, but are not limited to, using Services (i) as a medium to distribute mass, unsolicited or otherwise unlawful mail and/or content; and (ii) for Voice over IP. Service is not intended to provide full-time connections, and the Service may be discontinued after a significant period of inactivity or after sessions of excessive usage, which AVS may determine in its sole and complete discretion.

C. Conduct and Information Restrictions

Unless specifically outlined by your rate plan as permitted, unsupported uses include, but are not limited to, using Services to:

  • undertake or accomplish any unlawful purpose. This includes, but is not limited to posting, storing, transmitting or disseminating information, data or material which is libelous, obscene, unlawful, threatening or defamatory, or which infringes the intellectual property rights of any person or entity, including third party rights under U.S. Copyright law, or which in any way constitutes or encourages conduct that would constitute a criminal offense, or otherwise violate any local, state, federal or non-U,S, law, order or regulation;
  • post, store, send, transmit, or disseminate any information or material which a reasonable person could deem, to be unlawful;
  • allow Customer or allow others to use the Service to harm or attempt to harm a minor, including but not limited to using the Service to send pornographic, obscene or profane materials;
  • upload, post, publish, transmit, reproduce, create derivative works of, or distribute in any way information, software, or other material obtained through the Service or otherwise that is protected by copyright or other proprietary right, without obtaining any required permission of the owner;
  • transmit unsolicited bulk or commercial messages commonly known as “spam;”
  • send very large numbers of copies of the same or substantially similar messages, empty messages, or messages that contain no substantive content; or send very large messages or files that disrupts a server, account, blog, newsgroup, chat, or similar service;
  • initiate, perpetuate, or in any way participate in any pyramid or other illegal scheme;
  • participate in collecting very large numbers of e-mail addresses, screen names, or other identifiers of others (without their prior consent), a practice sometimes known as spidering or harvesting; use software (including “spyware”) designed to facilitate this activity;
  • collect responses from unsolicited bulk messages;
  • falsify, alter or remove message headers;
  • falsify references to AVS or its network, by name or other identifier, in messages;
  • impersonate any person or entity, engage in sender address falsification, forge anyone else’s digital or manual signature, or perform any other similar fraudulent activity (for example, “phishing”);
  • violate the rules, regulations, terms of service, or policies applicable to any network, server, computer database, service, application, system, or Web site that you access or use; or
  • engage in any conduct that is harmful to AVS’s network.

D. Technical Restrictions

Unless specifically outlined by your rate plan as permitted, unsupported uses include, but are not limited to, using Services to:

  • access any other person’s computer or computer system, network, software, or data without his or her knowledge and consent; breach the security of another user or system; or attempt to circumvent the user authentication or security of any host, network, or account. This includes, but is not limited to, accessing data not intended for you, logging into or making use of a server or account you are not expressly authorized to access, or probing the security of other hosts, networks, or accounts without express permission to do so;
  • use or distribute tools or devices designed or used to compromise security or whose use is otherwise unauthorized, such as password guessing programs, decoders, password gatherers, keystroke loggers, analyzers, cracking tools, packet sniffers, encryption circumvention devices, or Trojan Horse programs.
  • Unauthorized port scanning is strictly prohibited; copy, distribute, or sublicense any proprietary software provide in connection with the Service by AVS or any third party, except that you may make one copy of each software program for back-up purposes only;
  • distribute programs that make unauthorized changes to software (cracks);
  • use or run dedicated, stand –alone equipment or server from the Premises local area network (“Premises LAN”), also commonly referred to as public services or servers. Examples of prohibited equipment and servers include, but are not limited to, email, Web hosting, file sharing and proxy services and servers;
  • use or run programs from the Premises that provide network content or any other services to anyone outside of your Premises LAN, except for personal and non-commercial residential use;
  • service, alter, modify, or tamper with the AVS equipment or permit any other person to do the same who AVS has not authorized;

E. Network and Usage Restrictions

Unless specifically outlined by your rate plan as permitted, unsupported uses include, but are not limited to, using Services to:

  • use the Service for any purpose other than personal and non-commercial residential use;
  • use the Service for operation as an Internet service provider of for any business, other legal entity, or organization purpose (whether or not for profit);
  • interfere with the ability of any other person to use or enjoy the Service (except for tools for safety and security functions such as parental controls, for example), including, without limitation, posting or transmitting any information or software that contains a worm, virus, or other harmful feature;
  • generating levels of traffic sufficient to impede others’ ability to use, send, or retrieve information;
  • disrupt or cause a performance degradation to the Service or any AVS (or AVS supplier) host, server, backbone network, node or service, or otherwise cause a performance degradation to any AVS (or AVS supplier) facilities used to deliver the Service;
  • resell the Service or otherwise make available to anyone outside the Premises the ability to use the Service (for example, through wi-fi or other methods of networking), in whole or in part, directly or indirectly;
  • interfere with computer networking or telecommunications service to any user, host or network, including, without limitation, denial of service attacks, flooding of a network, overloading a service, improper seizing and abusing operator privileges, and attempts to “crash” a host; and
  • access and use the Service with anything other than a dynamic Internet Protocol (“IP”) address that adheres to the dynamic host configuration protocol (“DHCP”). You may not configure the Service or any related equipment to access or use a static IP address or use any protocol other than DHCP unless you are subject to a Service plan that expressly permits you to do so if such a plan is available.

II. SUBSCRIBER CONDUCT AND FEATURES OF THE SERVICE

WHAT OBLIGATIONS DO I HAVE UNDER THIS POLICY?

Subscriber is responsible for Subscriber’s own compliance with this Policy. Subscriber is also responsible for any use or misuse of the Service that violates this Policy – even if it was committed by someone else with access to Subscriber’s Services account. Subscriber must take steps to ensure that others do not use Subscriber’s account to gain unauthorized access to the Service by, for example, strictly maintaining the confidentiality of Subscriber’s Service login and password. In all cases, you are solely responsible for the security of any device you choose to connect to the Service, including any data stored or shared on that device.

It is also your responsibility to secure the Customer Equipment and any other equipment or programs not provided by AVS that connect to the Service from external threats such as viruses, spam, bot nets, and other methods of intrusion.

HOW DOES AVS ADDRESS INAPPROPRIATE CONTENT AND TRANSMISSIONS?

AVS may refuse to transmit or post, and may remove or block, any information that it believes violates this Policy or that it believes is harmful to AVS’s network or Subscribers using the Service, regardless of whether this material or its dissemination is unlawful. Neither AVS nor any of its affiliates, suppliers, or agents have any obligation to monitor transmissions or postings (including, but not limited to, e-mail, file transfer, blog, newsgroup, and instant message transmissions as well as materials available on the Personal Web Pages and Online Storage features) made using the Service. However, AVS and its affiliates, suppliers, and agents have the right to monitor its network and transmissions and postings made over its network from time to time for violations of this Policy, and upon a finding of a Policy violation, may disclose, block, or remove them in accordance with this Policy, the Terms of Service, the Customer Agreement, and applicable law – and may also terminate the Subscriber’s account. AVS also has rights in case of a violation as set out in the Terms of Service.

III. NETWORK MANAGEMENT AND USE LIMITS

WHY AND HOW DOES AVS MANAGE ITS NETWORK?

AVS manages its network so it can deliver the best possible broadband Internet experience to all of its subscribers. High-speed bandwidth and network resources are not unlimited. Managing the network is essential to promote Subscribers’ use and enjoyment of the Internet. AVS measures and monitors network performance and the performance of Subscriber’s Internet connection.

As to how we manage the network, we use reasonable network management practices that are consistent with industry standards, always trying to be minimally intrusive. And just as the Internet changes and evolves, so too will our network management practices so that we can address the on-going challenges on the Internet. AVS may access and record information about your computer, device and Equipment’s profile and settings. Subscriber agrees to permit AVS access to its computers, devices, and Equipment and to monitor, adjust and record such data, profiles and settings for the purpose of providing the Service.

The need to engage in network management is not limited to AVS. All large internet service providers manage their networks and many of them use the same or similar methods that AVS does. If AVS didn’t manage its network, you would be subject to the negative effects of spam, viruses, security attacks, network congestion and other risks and degradations of service. By engaging in responsible network management AVS can deliver the best possible broadband internet experience to all of its customers.

ARE THERE RESTRICTIONS ON DATA CONSUMPTION THAT APPLY TO THE SERVICE?

Yes. AVS provides versions of Service with different data consumption thresholds and data consumption limits may apply based on what plan you have. Excessive usage could result in reduced download and upload speeds. For the specifics of the plan you are on, please see www.agrivalleyservices.com.

The Service is for personal, residential and limited commercial use only. AVS may suspend or terminate Service accounts where data consumption is not characteristic of a typical residential user of the Service as determined by the company in its sole discretion. Common activities that may cause excessive data consumption in violation of this Policy include, but are not limited to, numerous or continuous bulk transfers of files and other high capacity traffic using (i) file transfer protocol (“FTP”), (ii) peer-to-peer applications, and (iii) newsgroups. You must also ensure that your use of the Service does not restrict, inhibit, interfere with, or degrade any other person’s use of the Service, nor represent (as determined by AVS in its sole discretion) an overly large burden on the network. In addition, you must ensure that your use of the Service does not limit or interfere with AVS’s ability to deliver and monitor the Service or any part of its network. If you use the Service in violation of the restrictions referenced above, that violates this Policy.

AVS may also provide versions of the Service with different speed and data consumption limitations, among other characteristics.

IV. VIOLATION OF THIS ACCEPTABLE USE POLICY

WHAT HAPPENS IF A SUBSCRIBER VIOLATES THIS POLICY?

AVS may immediately suspend or terminate Subscriber’s Service account and terminate the Customer Agreement if Subscriber violates the TOS, AUP or the Customer Agreement.

WHAT IS OUR COPYRIGHT INFRINGEMENT POLICY?

AVS respects the intellectual property rights of third parties. Subscriber may not store any material or use Services or Equipment in any manner that constitutes an infringement of third party intellectual property rights, including under U.S. Copyright Law. In accordance with the Digital Millennium Copyright Act (DMCA) and other applicable laws, it is the policy of AVS to suspend or terminate, inappropriate circumstances, Services provided to Subscriber or any account that is deemed to infringe third party intellectual property rights, including repeat infringers of copyrights. AVS reserves the right to suspend, terminate or take action regarding the Services of any Subscriber or account if AVS, in its sole judgment, believes that circumstances relating to an infringement of third party intellectual property rights warrants such action. If you believe that copyright materials have been used in violation of this policy or otherwise been made available via the Services in a manner that is not authorized by the copyright owner, its agent or the law, please provide the following information to AVS:

  1. name, address, telephone number, email address and electronic or physical signature of the copyright owner or the person authorized to act on his/her behalf;
  2. description of the copyright work claimed to be infringed;
  3. description of where the material you claim is infringing is located;
  4. written statement that you have a good faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law; and
  5. statement by you, made under penalty of perjury, that the above information in your notice is accurate and that you are the copyright owner authorized to act on the copyright owner’s behalf.These requirements must be followed to give AVS legally sufficient notice of the infringement. Send copyright infringement complaints to:
    1. the attention of: Copyright Agent
    2. via email to: Support@avci.net
    3. via fax to 989-453-7393; or via
    4. United States mail service to: Copyright Agent, Box 650, Pigeon, MI 48755.

HOW DOES AVS ENFORCE THIS POLICY?

AVS does not routinely monitor the activity of individual Service accounts for violations of this Policy, except for determining aggregate data consumption in connection with the data consumption provisions of this Policy. However, in an effort to promote good citizenship within the Internet community, it will respond appropriately if it becomes aware of inappropriate use of the Service. AVS has no obligation to monitor the Service or the network. But AVS may monitor bandwidth, usage, transmissions, and content to, among other things, operate the Service; identify violations of this Policy; or protect the network, the Service and AVS users.

Before pursuing suspension or termination and where practicable, AVS prefers to inform Subscribers of inappropriate activities and give them a reasonable period of time in which to take corrective action. AVS also prefers to have Subscribers directly resolve any disputes or disagreements they may have with others, whether Subscribers or not, without AVS’s intervention. However, if the Service is used in a way that AVS believes violates the TOS or AUP, AVS may take any decisive, responsive actions it deems appropriate under the circumstances with or without notice. These actions include, but are not limited to, temporary or permanent removal of content, filtering of Internet transmissions, and the immediate suspension or termination of all or any part of the Service. Neither AVS nor its affiliates, suppliers or agents will have any liability for any of these responsive actions. These actions are not AVS’s exclusive remedies; AVS may take any other legal or technical actions it deems appropriate with or without notice.

AVS reserves the right to investigate suspected violations of the TOS or AUP, including the gathering of information from the user or users involved and the complaining party, if any, and examination of material and data on AVS’s servers and network. During an investigation, AVS may suspend the account or accounts involved and remove or block material that potentially violates the TOS or AUP. Subscriber expressly authorizes and consents to AVS and its suppliers cooperating with (i) law enforcement authorities in the investigation of suspected legal violations, and (ii) and system administrators at other Internet service providers or other network or computing facilities in order to enforce this Policy. Upon termination of Subscriber’s Service account, AVS is authorized to delete any files, programs, data, e-mail and other messages associated with Subscriber’s account (and any secondary accounts).

The failure of AVS or its suppliers to enforce this AUP, for whatever reason, shall not be construed as a waiver of any right to do so at any time. Subscriber agrees that if any portion of this AUP is held invalid or unenforceable, that portion will be construed consistent with applicable law as nearly as possible, and the remaining portions will remain in full force and effect. Subscriber agrees to indemnify, defend and hold harmless AVS and its affiliates, suppliers, and agents against all claims and expenses (including reasonable attorney fees) resulting from any violation Subscriber commits of this Policy, the TOS, and the Customer Agreement. Subscriber’s indemnification will survive any termination of the Customer Agreement.

Last Revised and Effective: January 26, 2017 28981:00001:1487738-2 18258:00001:100039412-1

Your privacy is important to us. Agri-Valley Service, Inc. (AVS) (the Company) respects and protects the privacy of our customers. We carefully ensure the confidentiality of each customer’s account and Internet information. Our employees are educated about their obligations to safeguard customer information and are held accountable for any failure to meet their obligations.

AVS gathers and uses information generated on our network to manage the network, plan for future development, market Services, and to keep our Services running efficiently. We monitor data to check for viruses, control spam, prevent attacks that might disable Services, ensure traffic does not violate our AUP, and guard against other inappropriate or illegal activity. We may also gather details regarding the Services and use of the Equipment, such as the number and types of devices connected and the method of connection (Wi-Fi versus wired) to aid in customer troubleshooting and network operations.

AVS reserves the right to provide account and user information, including email, to third parties as required or permitted by law, subpoena or court order and to cooperate with law enforcement authorities in the investigation of any criminal or civil matter. Such cooperation may include, but is not limited to, monitoring our network and reporting the identity of Subscribers, account information and other facts to law enforcement.

AVS may need to examine the content of the data (such as the specific websites being visited, files being transmitted, or application being used) for the above purposes, especially in circumstances when we are concerned about fraud, illegality or harassment, to repair a problem we detect or that a Subscriber contacts us about, or when we are providing the content of broadband traffic to law enforcement.

The Federal Communications Commission (FCC) has adopted new rules to safeguard the privacy of Customer Proprietary Network Information (CPNI) by telecommunications companies. CPNI is information typically available from details on a customer’s monthly bill that has been obtained in the normal course of providing service. It may include Internet usage records, services and features purchased, data usage, use patterns and related billing information. The FCC rules add new requirements in accessing CPNI data, even when requested to do so by the account holders.

Any Company customer who wishes to access certain account information will need to establish a password in advance with the Company and the Company’s customer service representatives must require the customer to give the password before accessing any CPNI data. CPNI information can only be sent to the mailing address on record at the Company. Also, any customer visiting one of our offices must present valid government photo identification or give the account password before the Company’s customer service representatives will be allowed to divulge any CPNI data on an account. Please contact us at 1-888-282-4932 if you have not already set up your password.

Under Federal Law, you have the right to, and we have the duty to protect the confidentiality of your CPNI. Although it is the Company’s policy not to use or provide CPNI to others for marketing purposes, under FCC rules, without further authorization from you, we can use CPNI to offer you services of the type you already purchase from us, or we may share CPNI with our affiliates that offer different categories of service, if they already have an existing service relationship with you. AVS has affiliates, Thumb Cellular and Pigeon Telephone Company that offer cellular telecommunications, local exchange and Internet services. Although Company does not currently use or provide CPNI for marketing purposes, if in the future the Company decides to share CPNI with our affiliates to offer you services that may be different from the type of services you currently buy from us, you will be notified in advance. You will then have the opportunity to tell us you do not want us to use your CPNI for that purpose. However, customers may receive marketing information developed without using confidential information.

Last Revised and Effective: January 26, 2017
18258:00001:100039413-1

Consistent with FCC regulations1, Agri-Valley Services, Inc., (AVS) provides this information about our broadband Internet access services. Our broadband Internet access services include our “High Speed Internet” service offered through fiber optic, wired and fixed wireless technologies. We provide each of these High Speed Internet services through the network that we own and manage.

AVS aims to provide the best online experience for all of its customers (Subscribers). To that end, it uses reasonable network management practices that are consistent with industry standards and federal law. Four documents govern your use of the Internet through AVS:

(1) AVS’s Terms of Service (TOS), viewable at www.agrivalleyservices.com.

(2) AVS’s Acceptable Use Policy (AUP), viewable at www.agrivalleyservices.com.

(3) AVS’s Network Management, Performance Characteristics, and Commercial Terms Disclosures (as articulated here in a Frequently Asked Questions format); and

(4) the Customer Service Agreement (Customer Agreement) that you entered into with AVS to use the Services. A generic copy of the Customer Agreement is viewable at www.agrivalleyservices.com

The TOS, AUP and these Frequently Asked Questions explain AVS’s network management techniques and approaches, among other things. AVS reserves the right to revise all four of the above documents any time as it deems appropriate.

The following Frequently Asked Questions are intended to help clarify what AVS means by Internet network management and to make those network management disclosures that federal law requires, including disclosures related to network management and commercial terms:

Network Management

1. Does AVS manage its network? And, if so, why?
2. How does AVS manage its network?
3. Does network management change over time?
4. What causes the network to be congested?
5. How does the current congestion management technique work?
6. Does the congestion management technique target peer-to-peer (“P2P”) or other applications, or make decisions about the content of my traffic?
7. How does the congestion management technique impact me and my use of the AVS’s Internet service?
8. How is this different than throttling?
9. How often does AVS expect to use this congestion management technique?
10. Can I contact AVS to determine if my Internet connection has been managed?
11. Can you give me some “real world” examples of how much bandwidth consumption would be considered too much?
12. How is this announcement related to any GB monthly data use threshold?
13. Is VOIP affected by this congestion management technique?
14. What about streaming video or video downloads? What will happen to them?
15. Does AVS block P2P traffic or applications like BitTorrent?
16. Does AVS discriminate against particular types of online content?
17. Does AVS have rules regarding Subscribers attaching devices to its network?
18. What practices does AVS use to ensure end-user security or security of the network, and what are the triggering conditions that cause a mechanism to be invoked?

Commercial Terms
1. What is the pricing for AVS services?
2. What is AVS’s privacy policy?
3. How can I contact AVS if I have any questions or complaints about these disclosures?
4. What is AVS’s Copyright Infringement Policy?

Performance Characteristics
1. What types of services does AVS provide?
2. What are the Internet service speeds AVS provides?

Network Management

1. Does AVS manage its network? And, if so, why?

Yes. AVS manages its broadband network. It does so with one goal: to deliver the best possible broadband Internet experience to all of its Subscribers. High-speed bandwidth and network resources are not unlimited. Managing the broadband network is essential to allow Subscribers’ full use and enjoyment of the Internet. We use reasonable network management practices that are consistent with industry standards, always trying to be minimally intrusive.

All Internet service providers need to manage their networks. And AVS is no different. In fact, many use the same or similar tools that AVS uses. If we didn’t manage our network, our Subscribers would be subject to negative effects, such as network congestion and degraded service. By engaging in reasonable and responsible network management, AVS can deliver the best possible broadband Internet experience to all Subscribers who use its Services.

2. How does AVS manage its network?

It uses various tools and techniques to manage its network, deliver its service, and ensure compliance with the TOS and AUP. These tools and techniques are dynamic, like the network and its usage, and can and do change frequently.

Generally speaking, AVS manages its network in various ways, including by reducing or mitigating the effects of congestion on the network through legitimate network management. For example, when its network is overly congested (over 80% of the available bandwidth) such that heavy users are crowding out other users or where a group of Subscriber accounts are using a disproportionate amount of bandwidth, AVS manages its network by temporarily limiting speeds or the amount of data that can be transferred by those users or group of Subscribers – but only until the conditions that created the network congestion have passed (i.e., only until local aggregate bandwidth falls back below the 80% threshold.)

3. Will network management change over time?

Probably. As the Internet and related technologies continue to evolve, AVS’s network management tools will likely evolve to keep pace so that we can deliver an excellent and safe online experience to all of our Subscribers. We will provide updates here and in other appropriate locations if we make important or significant changes to our network management techniques.

4. What causes the network to be congested?

Congestion can be caused by a number of situations. The most common is a large volume of customers enjoying high-bandwidth activities, with a portion of those customers using more than an average amount of bandwidth. Congestion management analyzes the heaviest users and then creates capacity for other customers by managing the highest usage at the time of congestion. This will provide all customers a “fair share” of our network resources.

5. How does AVS’s current congestion management technique work?

If a certain area of the network nears a state of congestion that unduly interferes with AVS Subscribers’ use of the Internet, then AVS may implement congestion management techniques to ensure that all Subscribers have a fair share of access to the network. It may, for example, identify a location of its service area where a group of Subscriber accounts who are using the greatest or a disproportionate amount of bandwidth thereby exceeding the 80% threshold. It may then temporarily manage their Internet traffic until the period of congestion passes. During the period of congestion management, Subscribers still will be able to do anything they want to online, and many activities will be unaffected. But they could experience effects, such as longer times to download or upload files, slower surfing of the Web, buffering of videos or slowness playing games online.

AVS’s technique does not manage congestion based on the specific online activities, protocols, or applications that a Subscriber is using at the time of congestion. Instead, it only focuses on the heaviest users in real time, so the periods of congestion typically tend to be very fleeting and sporadic.

Importantly, the effect of this technique is temporary and it has nothing to do with a Subscriber’s aggregate monthly data usage. Rather, it is dynamic and based on prevailing network conditions.

6. Does the congestion management technique target peer-to-peer (“P2P”) or other applications, or make decisions about the content of my traffic?

No. AVS does not manage congestion based on the applications a Subscriber is using. Its scheme is a content-neutral scheme. In deciding on whether to implement network management practices to alleviate congestion, AVS does not inspect network traffic for content. If congestion occurs, all users (and all users’ traffic) would be subject to the network management practices – regardless of content. Further, AVS does not store its end users’ traffic information or provide it to third parties, except as required by law.

7. How could the congestion management technique impact me and my use of the AVS’s Internet service?

When AVS implements network management practices to alleviate congestion, most Subscribers will notice no change in their Internet experience. The goal of congestion management is to enable all users to have access to a fair share of the network at peak times, when congestion occasionally occurs. Congestion management largely focuses on the consumption activity of a group of Subscriber accounts that are using a disproportionate amount of bandwidth. As a result, and based on our experience with this technique, we have determined that the large majority of Subscribers will not likely be affected by it. Our experience also shows that when our systems apply the congestion management technique, it is usually only in effect for a very brief period of time. See also the response to Question 5 above.

8. How is this different than throttling?

The difference between our Network Management practices and throttling is network intelligence. With throttling, your data speed is reduced for your entire session, 100% of the time, no matter where you are. Network Management is based on the theory that all customers should have the best network possible, and if you’re not causing congestion for others, even if you are using a high amount of data, your connection speed should be as good as possible. So, if you’re in the top 5% of data users, your speed is reduced only when you are connected to a congested site. Once you are no longer connected to a congested site, your speed will return to normal. This could mean a matter of seconds or hours, depending on your location and time of day.

9. How often does AVS expect to use this congestion management technique?

AVS anticipates that select parts of the network tend to be in a congested state only for relatively small portions of a day, if at all.

AVS monitors how user traffic is affected by this system and will make adjustments reasonably necessary to ensure that our Internet Subscribers have a high-quality online experience. AVS also routinely evaluates its overall network performance, and periodically endeavors to enhance its network by adding capacity to address congestion and other performance issues as feasible.

10. Can I contact AVS to determine if my Internet connection has been managed?

Customers can contact our Support Department to report slower Internet downloads or uploads. Given the dynamic and unpredictable nature of congestion management, AVS does not have visibility into specific accounts that are managed during the rare periods of network congestion. Given the very small number of accounts that will be subject to congestion management, customers should assume they have not been managed. If Internet speeds are slow, please contact our Support Department to troubleshoot the Internet connection for possible solution to this problem.

11. Can you give me some “real world” examples of how much bandwidth consumption would be considered too much?

There is no hard and fast rule or example available. The answer really depends on a number of factors, including overall use, time of day, and the number of applications that might be running at the same time.

The point of the technique is to deliver the best overall online experience possible. The technique should help ensure that all Subscribers get their fair share of bandwidth resources to enjoy all that the Internet has to offer – including surfing the Web, reading e-mails, and downloading movies.

12. How is this announcement related to any GB monthly data use threshold?

The short answer is that it is not related. Subscribers can sign up for a variety of Service Plans that can be found at www.agrivalleyservices.com. Each Service Plan states either unlimited or a specific amount of GB of data that are included in the plan. There are charges assessed for any excess data that is used during a specific month if that amount of data exceeds what is included in the Subscriber’s Service Plan.

13. Is VOIP affected by this congestion management technique?

As a preliminary matter, the AVS network is designed for data traffic and not for voice traffic. So AVS Subscribers who use VoIP providers that rely on delivering calls over the public Internet may experience a degradation of their call quality when the network is congested. But VoIP calling in and of itself does not use a significant amount of bandwidth. So VoIP calling in a time of non-congestion will likely not be affected. But VoIP service and quality during times of congestion will likely be affected. AVS absolutely does not discriminate against Subscribers who use VoIP and those who do not, and it does not intentionally degrade VoIP applications or services. AVS does not provide customer support for Third Party VoIP services.

14. What about streaming video or video downloads? What will happen to them?

During periods of congestion, any Subscribers who are using a disproportionate amount of bandwidth – no matter the type or content of the online activity – may be affected by this technique.

15. Does AVS block P2P traffic or applications like BitTorrent?

No. AVS does not block P2P traffic or applications like BitTorrent or others as part of its current network congestion management technique.

16. Does AVS discriminate against particular types of online content?

No. AVS provides its Subscribers with full access to all the lawful content, services, and applications that the Internet has to offer. We are committed to protecting Subscribers from unwanted or harmful online content and activities. AVS uses industry standard tools and generally accepted best practices and policies to help it meet this Subscriber commitment. When these tools and policies identify certain online content as harmful and unwanted (such as spam or phishing Web sites), this content is usually prevented from reaching Subscribers. In other cases, these tools and policies may permit Subscribers to identify certain content that is not clearly harmful or unwanted (such as bulk e-mails or Web sites with questionable security ratings), and enable those Subscribers to inspect the content further if they want to do so.

17. Does AVS have rules regarding Subscribers attaching devices to its network?

AVS does not restrict the devices that may be connected to its network, with these exceptions: (a) Subscribers may not connect a device to the Network that causes harm to the Network; (b) Subscribers may only connect to the Internet using equipment provided by or approved by AVS; (c) Subscribers may not connect any device that is used to rebroadcast AVS’s service; and (d) Subscribers may not connect any device that is used to resell AVS’s services.

18. What practices does AVS use to ensure end-user security or security of the network, and what are the triggering conditions that cause a mechanism to be invoked?

AVS uses metrics that determine if there is a denial of service or similar attack hitting its Network. During the time of such an attack, in-bound and out-bound traffic filtering techniques may be used to avoid Network congestion and other Network degradation. If any Network traffic appears to be a malicious attempt to disrupt the Network (e.g., e-mail spamming or otherwise), corrective action will be taken and Network information may be transmitted to the appropriate law enforcement agency to investigate and pursue potential criminal prosecution under relevant laws, including computer hacking laws.

Commercial Terms

1. What is the pricing for AVS services?

Information on pricing (including monthly prices, usage-based fees, fees for early termination or additional network services) and additional offerings available to AVS customers is available at www.agrivalleyservices.com. An early termination fee would apply for certain offers, with the amount of the fee reduced for each complete month after six (6) months that the account balance has been timely paid.

2. What is AVS’s privacy policy?

When you sign up for, register, or use AVS Internet Services, we collect certain information to conduct our daily business with you. We protect this information in accordance with the terms of AVS’s Privacy Policy, which you may review by going to www.agrivalleyservices.com.

3. How can I contact AVS if I have any questions or complaints about these disclosures?

If you have any questions or complaints about these disclosures or AVS, you may contact us by phone, email, fax, or mail using the contact information below:

  • via telephone: 1-888-282-4932
  • via email: support@avci.net
  • via fax: 989-453-7393
  • via United States mail service:
    AVS Support Dept.
    PO Box 650
    Pigeon, MI 48755

4. What is the AVS’s Copyright Infringement Policy?

If a copyright work has been copied in a way that constitutes copyright infringement, please notify AVS in accordance with its copyright policy as identified in the AUP. Notification requires providing the following information:

1. name, address, telephone number, email address and electronic or physical signature of the copyright owner or the person authorized to act on his/her behalf;

2. description of the copyright work claimed to be infringed;

3. description of where the material you claim is infringing is located;

4. written statement that you have a good faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law; and

5. statement by you, made under penalty of perjury, that the above information in your notice is accurate and that you are the copyright owner authorized to act on the copyright owner’s behalf. These requirements must be followed to give AVS legally sufficient notice of the infringement. Send copyright infringement complaints to:

  • the attention of: Copyright Agent
  • via email to: DMCA@avci.net
  • via fax to 989-453-7393; or
  • via United States mail service to: Copyright Agent, Box 650, Pigeon, MI 48755.

Performance Characteristics

1. What types of services does AVS provide?

AVS provides Internet services via fiber optic, wired and fixed wireless service using the network that AVS owns and manages. We provide a variety of Internet service offerings to residential and small business customers. In short, subscribers of AVS Services receive devices/equipment from AVS that empowers them to receive an Internet connection from AVS to the Subscriber’s device. The Subscriber device/equipment will depend on the Subscriber’s location, how the Subscriber intends to use the service and how many devices the Subscriber intends to connect. The devices/equipment that the Subscriber needs will be provided at a cost which varies depending upon the type of device/equipment and the term of the Customer Agreement.

AVS provides residential and commercial customers with a variety of high speed Internet plans from which to choose. These options allow customers to select an offering most suited to their needs.

2. What are the Internet service speeds AVS provides?

AVS offers plans starting at 512k download and 128k upload, plans that offer up to 100Mbps download and 100Mbps upload with many choices in between. AVS does not guarantee that a customer will actually achieve those speeds at all times. The “actual” speed that a customer will experience while using AVS’s Internet Service depends upon a variety of conditions, many of which are beyond the control of an ISP such as AVS. These conditions include:

A. Performance of a customer’s computer, including its age, processing capability, its operating system, the number of applications running simultaneously, and the presence of any adware and viruses.

B. Type of connection between a customer’s computer and modem. For example, wireless connections may be slower than direct connections into a router or modem. Wireless connections also may be subject to greater fluctuations, interference and congestion.

C. The distance packets travel (round trip time of packets) between a customer’s computer and its final destination on the Internet, including the number and quality of the networks of various operators in the transmission path. The Internet is a “network of networks.” A customer’s connection may traverse the networks of multiple providers before reaching its destination, and the limitations of those networks will most likely affect the overall speed of that Internet connection.

D. Congestion or high usage levels at the website or destination. If a large number of visitors are accessing a site or particular destination at the same time, your connection will be affected if the site or destination does not have sufficient capacity to serve all of the visitors efficiently.

E. Gating of speeds or access by the website or destination. In order to control traffic or performance, many websites limit the speeds at which a visitor can download from their site. Those limitations will carry through to a customer’s connection.

This is the reason that AVS, like all other ISPs, advertises goals for speeds and does not guarantee them.

Last Revised and Effective: January 26, 2017
28981:00001:1487739-2

1 47 C.F.R. § 8.3 and In re: Preserving the Open Internet, Broadband Industry Practices, Report and Order, 22 FCC Rcd 17905 (2010). 18258:00001:100039411-1

NO PURCHASE NECESSARY TO ENTER OR WIN A PRIZE. A purchase of a product or service from the Sponsor or any of its member state agencies or companies will not improve the chance of winning. Void where prohibited. Subject to all federal, state and local laws. Participation may require Internet access. ALL ENTRIES MUST BE RECEIVED PRIOR TO THE GIVEAWAY DRAWING.

1. Random Giveaway/Odds: Winner(s) will be selected on or about the advertised date and time in a random drawing (the “Giveaway”) from among all eligible entries received. The Sponsor reserves the right to change the date of the drawing. The odds of winning the Prize depend upon the number of eligible entries received.

2. Eligibility: This Giveaway is open to any legal Resident of Michigan 18 years of age or older at time of entry, has a social security number or a U.S. taxpayer identification number, and has an address in Michigan (the “Entrant”). Employees, officers, and directors and their immediate families (parents, children, siblings, and spouse) and members of their household (whether or not related) of Agri-Valley Communications, Pigeon Telephone, Thumb Cellular, or Agri-Valley Services and other parties involved in any aspect with the creation, production, operation, execution and fulfillment of the Giveaway are not eligible to win.

3. How to Enter: Eligible Entrants must “Enter” by following the Giveaway’s advertised procedure, whether it be an online entry or in-person entry. The Sponsor is not responsible for lost, late, or corrupted entries, whether due to technical or computer malfunctions or otherwise. Each entrant may submit one entry per Giveaway.

ALL ENTRIES MUST BE RECEIVED BY THE END OF THE CONTEST PERIOD.

4. Prize: The winner will receive the advertised Giveaway prize (the “Prize”). A winner is not a winner of the Prize unless and until the winner‘s eligibility has been verified and the winner has been notified that verification is complete. The Prize is non-transferrable. The Sponsor is not responsible to deliver the Prize to the winner.

5. Notification: A winner will be notified by email, telephone or another reasonable method of communication. The Prize may be awarded to an alternate winner (selected in a random drawing from among all remaining eligible Entrants) if: (i) the Prize notification is returned as undeliverable or (ii) the Sponsor’s good faith attempts to contact the Entrant are unsuccessful. In the event that production, technical, seeding, programming or any other reasons cause more than the stated number of Prizes as set forth in these rules to be available and/or claimed, the Sponsor reserves the right to award only the stated number of Prizes by a random drawing among all legitimate, un-awarded, eligible Prize claims.

6. Miscellaneous and Conditions of Participation: This Giveaway is void where prohibited or restricted by law, and is subject to all applicable federal, state, and local laws and regulations. Taxes and fees, if any, are the sole responsibility of the Entrant. By entering the Giveaway, Entrants fully and unconditionally agree to be bound by these rules and the decisions of the Sponsor, which will be final and binding on all matters relating to this Giveaway, and each Entrant warrants that (s)he is eligible to participate in this Giveaway. The Sponsor reserves the right to disqualify any Entrant if these Giveaway rules are not followed, and to change, alter, or amend these Giveaway rules or to alter, modify, suspend, or terminate the Giveaway, as necessary, in its sole discretion, to ensure the fair administration of the Giveaway or to comply with applicable law.

7. Release: By participating, Entrants agree to release and hold harmless the Agri-Valley Communications, Pigeon Telephone, Thumb Cellular, and Agri-Valley Services, and their respective directors, officers, agents, affiliates and employees (collectively, “Released Parties”) from any and all liability for any claims, costs, injuries, losses or damages of any kind caused by participation in the Giveaway, including, but not limited to, the unauthorized or illegal access to personally identifiable or sensitive information. All entries become the property of the Sponsor and will not be acknowledged nor returned under any circumstances. Upon request of the Sponsor, entrant will provide a copy of any written consent and release. Neither Released Parties nor any service providers are responsible for late, lost, or misdirected or postage-due mail or for incorrect or inaccurate transcription of entry information, or for any human or other error, technical malfunctions, lost/delayed data transmission, omission, interruption, deletion, defect, line failures of any telephone network, computer equipment, software, inability to access any online service or Web site, or any other error or malfunction, or any injury or damage to entrant’s or any other person’s computer, or for any other error related to or resulting from participation in this Giveaway, whether computer, technical, typographical, printing, human or otherwise, including, without limitation, errors or malfunctions which may occur in connection with the administration of the Giveaway, the processing or judging of entries, the announcement of the Prizes or in any Giveaway-related materials. Winners will grant to the Sponsor and its designees the right, except where prohibited by law, to use the names, likenesses, pictures, voices, information provided on the Official Entry Form, and written and oral statements, for advertising, promotional and online voting purposes in promoting the Sponsor, its products, Web sites, and/or this Giveaway or succeeding Giveaway, in any and all media now or hereafter known throughout the world in perpetuity, without additional compensation, notification or permission. Entries not complying with all rules are subject to disqualification.

8. Publicity: Except where prohibited by law, by entering the Giveaway and by winning, the Entrant grants to the Sponsor, the right to publicize the Entrant’s/winner’s name, photograph, image, likeness, voice, statements, and biographical information in all manner and media, worldwide, in perpetuity, for advertising, trade, and promotion purposes without compensation and without opportunity for review.

9. Limitations of Liability: The Sponsor, its employees, agents and representatives, officers and directors and their immediate families, successors and assigns, and all others associated with the development and execution of this Giveaway shall have no responsibility or liability for (i) any incorrect or inaccurate information, whether caused by Entrants, printing errors or by any of the equipment or programming associated with or utilized in the Giveaway; (ii) technical failures of any kind, including, but not limited to, malfunctions, interruptions or disconnections in telephone lines or network hardware or software; (iii) unauthorized human intervention in any part of the entry process or the Giveaway; (iv) technical or human error which may occur in the administration of the Giveaway; or (v) failed, incomplete, garbled, jumbled, corrupted or delayed computer transmissions which may limit an individual’s ability to enter the Giveaway, including any injury or damage to an Entrant’s or any other person’s computer relating to or resulting from entering the Giveaway or downloading any materials related to the Giveaway.

10. Entrant’s and Winner’s Personal Information: Information collected from Entrants will be maintained by the Sponsor and its representatives in accordance with applicable federal and state consumer privacy laws, rules and regulations.

11. Copy of Rules/Name of Winner: For a copy of these rules and/or the winner’s name, send your request and a self-addressed, stamped envelope to the address listed below.

12. Sponsors: Agri-Valley Communications, Pigeon Telephone, Thumb Cellular, and AgriValley Services:

P.O. Box 650
Pigeon, MI 48755
mediagroup@avci.net

Effective: 3-15-19, Revised 3-15-19