Terms & Conditions

SUBSCRIBER AGREEMENT

GENERAL TERMS AND CONDITIONS

The following Terms and Conditions apply to all services offered by Burlington Telecom (“BT”), unless otherwise specifically noted. These Terms and Conditions, the Service Agreement, the Acceptable Use Policy (if applicable), the Privacy Agreement and applicable state tariffs bind the Customer and constitute a contractual arrangement upon acceptance and use of BT’s service.

1. SERVICE

All applicants must be 18 years of age or older. Anyone under age 18 must have a parent or legal guardian sign the application.

Every account must have one or more responsible party assigned to place orders and make changes to the account. No addition, termination or changes will be made to the account without the direct consent of the responsible party.

BT reserves the right to require proof of identity before providing service.

Pricing of services rendered are outlined in the tariff filed with the Vermont Public Service Board.

Package pricing excludes required taxes and surcharges, which are assessed to the applicable portion of the Customer’s bill.

2. SUBSCRIPTION REQUIREMENTS

For Customers requesting telephone service with BT, a signed Letter of Authorization (“LOA”) must be on file before service will be provided.

The LOA gives legal authorization to BT:

i. To act as Customers agent to make any and all inquires necessary for the purpose of obtaining customer service records information.

ii. To act as Customers agent for the purpose of taking any and all actions required (including the removal of any account protection/freezes) to become Customers LOCAL SERVICE PROVIDER and to implement other services described herein for all of the Customers physical service and billing locations including changing Customers long distance carrier(s).

a. Customer also authorizes BT to review the Customers account information, assess current services and assist in making modifications to Customers account throughout the duration of the agreement.

b. Customer gives BT authorization to notify all appropriate parties, including Customers local and long distance carrier of Customers choice of carriers and to make the necessary changes for the Customers current and future services without further permission.

c. Customer directs the chosen long distance carrier for toll charges within Vermont and outside Vermont domestically and internationally, if not BT, to comply with BT’s current applicable access tariff’s, or release Customer from any unfilled contractual obligations for service.

d. BT may obtain any records from Customers local intra-lata long distance and/or long distance telephone company necessary to provide these services.

e. Customer also agrees to indemnify BT, its employees, and agents from any liability resulting from any credit injury, or client privacy issue, or liability to any third party for pre-existing obligations Customer may have regarding local long distance services.

For Internet service, BT highly recommends all Customers install anti-virus software, anti-spyware software, and personal firewall to protect the Customers system. BT shall not be responsible for any loss of service resulting from customer negligence, including loss of service from viruses, spyware, and other malware.

3. ACCESS TO PREMISES

BT will not enter into a Customer premise without the presence of an adult 18 years of age or older.

Customer grants to BT or any duly authorized agent an irrevocable license to enter upon Customers premises at reasonable hours with reasonable notice to install, maintain and remove any equipment necessary for BT’s provision for service to Customer or other Customers. In purchasing service from BT Customer hereby assumes full responsibility for securing permission from Customers landlord for the installation of all applicable wiring and equipment. BT is released from liability arising from any failure to secure such permission.

4. USE LIMITATIONS

Customer acknowledges that programming is for non-commercial entertainment viewing in Customer’s private premises only. Customer may not reproduce, rebroadcast or otherwise re-transmit and/or exhibit the programming received from BT in exchange for an admission fee or for any other charge or consideration or in furtherance of a commercial enterprise. Customer agrees that the programming provided over the cable system will not be viewed in areas open to the public. Customer may not order or request Pay-Per-View programming or Video on Demand for receipt, exhibition or taping in a commercial establishment. Customer may neither exhibit nor assist in the exhibition of Pay-Per-View or Video on Demand programming in a commercial establishment. Customer may not move the set top box to another location or use it at any time at an address other than Customer’s home or location where service was installed by BT.

Customers with Internet service through BT also agree to follow the policies set forth in the Acceptable Use Policy (“AUP”) and the Internet Service Agreement.

If the Customer fails to abide by these restrictions, the Customer will be liable for any and all claims made against you. The Customer agrees to indemnify and hold harmless BT from any damage to BT as a result of Customer’s breach of this Agreement, use or rely upon in furtherance of commercial or professional enterprise.

5. PAYMENT

The Customer is responsible for payment of all charges for service furnished to or used by the Customer, or the Customer’s agents, servants, employees or Customers. The Customer is also responsible for payment of charges for all other third person use of service to which the Customer subscribes. The Customer is responsible for all charges to the account even if the charges are incurred by fraud or without the Customer’s knowledge. The Customer is solely responsible for controlling access to, and the use of the equipment and facilities.

All charges due from the Customer are payable to BT or the BT’s authorized billing agent in immediately available U.S. dollars. Credit cards, personal checks and certified checks as well as cash in certain locations will be considered as acceptable forms of payment. Charges may be billed to the Customer’s credit card, debit card or bank account, as applicable, each month. BT is not responsible for any charges or expenses resulting from charges billed by BT.

The Customer is billed from the date services are installed and activated to the date the services are disconnected. Therefore, the first bill a Customer receives or the first bill after an additional service has been installed or activated will include partial month charges in addition to his/her advanced monthly charges. This charge will be from the date of installation and activation to the last of the current month. When a customer is disconnected, an amount from the date of disconnection to the last day of the month billed in advance will be subtracted from the Customer’s bill.

Any objections to billed charges must be reported to BT within forty-five days after receipt of bill. Objections may be filed in person at BT’s Business Office, by telephone or by mail. Any adjustments or additional charges are shown separately on each bill.

BT shall make no refund of overpayment by the Customer unless the claim of such overpayment, together with proper evidence, is submitted within two (2) years of the date of alleged payment.

6. INTERRUPTION OF SERVICE

BT will attempt to provide continuous and uninterrupted service. When BT schedules a service interruption for maintenance or repairs, BT will notify the Customer of the cause and expected duration of the interruption at least twenty-four (24) hours in advance, when possible. However, BT may designate a regular maintenance window during which maintenance may be conducted without notifying customers for each event. Such regular maintenance windows will be communicated to Customers.

Credit allowances for interruptions of cable and telephone service which are not due to BT’s testing or maintenance of equipment, to the negligence or other wrongful act or omission of the Customer, or to the failure of equipment provided by the Customer or the Customer’s agents, servants, employees, or Customers, are subject to the general liability provisions set forth herein. It shall be the obligation of the Customer to notify BT immediately of any interruption in service for which a credit allowance is desired by the Customer unless there is a system-wide disruption or the Customer’s disruption is otherwise known or should have been known by BT. Before giving such notice, the Customer shall ascertain that the trouble is not within his or her control, or is not in wiring or equipment, if any, furnished by the Customer. Interruptions caused by Customer equipment or inside wiring are not deemed an interruption of service.

For purposes of credit computation, every month shall be considered to have thirty (30) days and every day twenty four (24) hours. No credit shall be allowed for an interruption of continuous duration of less than twenty-four hours.

For disruption greater than twenty-four (24) hours, an allowance equal to 1/30 of the regular monthly recurring charges shall be made for each twenty-four (24) hours the service remains disrupted; except that the total allowance may not exceed the regular monthly recurring charges for service.

An interruption is measured from the time the Customer notifies BT, personally, by telephone or in writing, or otherwise the interruption is known or should have been known to BT, until the trouble is cleared. Once BT receives notification of the interruption in service, the credit shall be automatic. Each interruption is considered separately for the purposes of establishing credit allowance. Interruptions reported after the fact shall not be eligible for a credit.

8. RETURNED CHECKS

BT reserves the right to assess a charge of $25.00, whenever a check presented for payment of service is not accepted by the institution upon which it is written.

9. LATE FEES AND DISCONNECTION

Service is provided and billed on a monthly basis with the exception of toll calls, Video on Demand and Pay-Per View, which are billed in arrears. Bills are due and payable upon receipt. A late fee equal to 1.5% may apply to any unpaid or past due balance. The late fee begins to accrue no sooner than the 30th day after the billing date. In the event that BT incurs fees or expenses, including attorney’s fees, collecting or attempting to collect, any charges owed to BT, BT may charge the Customer, and the Customer will pay these fees or expenses.

BT reserves the right to suspend the Customer’s use of such services as Video on Demand and long distance for Customers, upon prior written notice, when there is an unpaid balance for service that is more than forty-five (45) days overdue.

Service may be disconnected by BT, upon prior written notice to the Customer and in accordance with applicable law, when there is an unpaid balance for service that is more than sixty (60) days overdue.

If service has been canceled for nonpayment and the Customer wishes it continued, service shall be restored when all past due amounts in addition to a restoration fee of $45.00 are paid or when a reasonable payment plan has been agreed upon between the Company and the customer for full payment of amounts owed.

10. REPAYMENT PLAN

Any Customer having difficulty paying for service should contact BT to work out a repayment plan.

Any repayment plan entered into between the Customer and BT will apply to delinquent amounts. BT expects new current charges to be paid when due.

11. DEPOSITS

Each applicant for service may be required to establish credit. Any applicant whose credit has not been duly established may be required to make a deposit at the time of application to be held as a guarantee of payment of charges. In addition, an existing Customer may be required to make a deposit if their service has been disconnected in the past. BT shall pay interest on deposits pursuant to applicable rules and regulations.

An installment plan is available for payment of deposits if payment in full would constitute a hardship.

A deposit shall not exceed the estimated charges for two months service, plus installation, and shall be returned: 1) when an application for service has been canceled prior to the establishment of service; or 2) at the end of twelve (12) consecutive months of a satisfactory credit history (i.e. no disconnections and no more than three disconnection notices); or 3) upon disconnection of service. BT shall apply the deposit against any outstanding balances due. If a credit balance exists after such application, BT shall refund the balance to the Customer.

The fact that a security deposit has been made in no way relieves the Customer from the prompt payment of bills upon presentation.

12. CANCELLATION BY THE CUSTOMER

The Customer may have service canceled upon written or verbal notice to the Company. Cancellations by e-mail will not be accepted. BT requires a 2-day notification prior to termination of service. The Customer shall pay for service furnished until the cancellation date.

13. CHOICE OF LAW

This Agreement shall be construed in accordance with, governed by, and subject to the domestic laws of the State of Vermont.

14. COMPLAINTS

If the Customer has any questions, comments or complaints regarding service, the Customer should contract BT’s Customer Service Department by telephone at (802) 865-7529 between the hours of 8:00-4:30 Monday through Friday or at the address below.

Burlington Telecom
200 Church Street, Suite 101
Burlington, VT 05401

If the Customer is not satisfied with the manner in which the concern has been addressed after speaking with the Customer Service Department, the complaint should be submitted in writing to the General Manager at the address listed above.

If after further inquiry to the General Manager at BT, the Customer is still not satisfied, complaints should be submitted in writing to the Consumer Affairs and Public Information Division of the Vermont Department of Public Service at the address below.

Consumer Affairs and Public Information Division
Vermont Department of Public Service
112 State Street, Drawer 20
Montpelier, VT 05620-2601

15. EQUIPMENT AND WIRING

Except for the inside wiring, which BT considers the Customer’s property regardless of who installed it, the equipment installed by BT or provided to the Customer by BT belongs to BT. BT may supply new or reconditioned equipment to the Customer. The Customer may not sell or give away BT’s equipment, and BT’s equipment must be used only in the Customer’s home. If the Customer ceases to be a BT customer, the Customer is responsible for returning BT’s equipment to BT or its designee. If the Customer moves, do not leave BT’s equipment in the vacant home or with anyone else. BT’s equipment must be returned to BT or one of its representatives in working order, normal wear and tear accepted. IF CUSTOMER FAILS TO RETURN EQUIPMENT IN A MANNER AS STATED ABOVE, CUSTOMER WILL BE CHARGED FOR THE COST OF REPLACING THE EQUIPMENT INVOLVED.

Customer is responsible for preventing the loss of or damage to BT’s equipment within the home. Customer will be directly responsible for repair, replacement and other costs, damages, fees and charges if the equipment is not returned to BT in an undamaged condition. BT will repair and maintain the inside wiring for an additional hourly or flat fee. Unless agreed upon by BT and the Customer in writing, Customer will continue to be responsible for the maintenance of the inside wire. Customer may install inside wiring, such as additional cable wiring and outlets. Regardless of who does the work, the internal wiring within Customer’s home must not interfere with the normal operations of BT’s service to Customer. For Customer’s renting their home, the inside wire maintenance may not be the Customer’s responsibility. The Customer should contact the landlord or building manager to determine responsibility.

BT takes no responsibility for problems with the operation of the Customer’s television, television-related equipment, computer, fax-machine, telephone sets and other Customer-owned equipment attached to BT’s network. BT does not service television receivers, or other television-related equipment (such as VCR’s, DVD players, home antennas, or other cable-compatible equipment) or other equipment not owned by BT, even if it is attached to BT’s equipment.

The Customer may not attach any unauthorized device to BT’s equipment. If the Customer makes any unauthorized connection or modification to the equipment or any other part of BT’s network or equipment, the Customer will be in breach of this Agreement, and BT may terminate service and recover such damages, as provided by applicable law that may arise as a result of the breach.

None of the equipment supplied by BT, nor any of BT’s cable placed outside the home or property in connection with the installation of the equipment and service, shall be deemed fixtures, or in any way part of Customer’s real property, unless the Customer purchases BT’s cable to the extent permitted by applicable law when service ends. The equipment supplied by BT may be removed by BT, at our option, at any time during or following the termination of Customer’s service, and Customer shall allow BT access to the home for such purposes.

16. CHANGES IN SERVICES, CHANGES IN TERMS OR CONDITIONS

BT reserves the right to substitute, add or delete specific programming and programming services and to create, dismantle and/or alter tiers of programming at any time.

BT will notify Customer of any material change in this Agreement or services, or an increase in charges prior to the billing period in which the changes would go into effect. Notification of the change in charges may be in the form of a bill insert. Notification may also be posted to our website at www.burlingtontelecom.net. Payment of charges or continued use of services after you receive notice will constitute agreement by you to the changes.

For telephone service, the Federal Communications Commission (“FCC”) sets the Federal Universal Service Fund (“USF”) Fee. BT will charge equal or less than this rate. The FCC announces the new rate on a quarterly basis. BT will post the new fee on our website at www.burlingtontelecom.net at least 7 days before the new rate goes into effect. The Customer may also contact our Customer Service Office at the number on the bill 7 days before the start of the quarter to find out what fee BT will assess during the next quarter. In the event the FCC has not announced the Federal Universal Service Fund Contribution factor 7 days before the start of the quarter, BT will post the new fee on the website as soon as reasonably possible. The Federal Universal Service Fund Fee is assessed on all interstate and international charges (including usage and non usage) each month.

17. LIMITED WARRANTY

BT warrants that the services will function substantially in accordance with the service descriptions. If the services fail to function in this manner and the failure is not due to: (a) the fault of Customer, or Customer’s agents or (b) a contingency identified in Paragraph 19 of this Agreement, then BT, at our expense, will repair the services so that they function substantially in accordance with the service descriptions.

THIS LIMITED WARRANTY IS EXCLUSIVE AND INSTEAD OF ALL OTHER WARRANTIES FOR SERVICES PROVIDED BY BT, WHETHER EXPRESS, IMPLIED, WRITTEN OR ORAL, INCLUDING, BUT NOT LIMITED TO, WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE.

18. LIMITATIONS OF LIABILITY

The Company’s liability for damages arising out of any failure of service shall not exceed an amount equivalent to the proportionate charge to the Customer for the period during which the faults in transmission occur.

Except as expressly required by applicable law, BT will not be liable for delays, damages, or failures in performance due to BT’s routine maintenance and testing of the services that BT provides to Customer or to causes beyond BT’s reasonable control, including, but not limited to acts of a governmental body, civil commotion, acts of God, acts of third parties, fires, floods, strikes or other labor disputes, or inability to obtain necessary equipment or services.

The Company is not liable for any act or omission of any entity, other than the employees or agents of the Company, furnishing facilities or services connected with or provided in conjunction with the Company’s services.

The Customer agrees that all information provided on the Services, the Services themselves, and any Equipment are provided “AS IS” and on an “AS AVAILABLE” basis.

The Customer indemnifies and holds the Company harmless against claims for libel, slander or infringement of copyright from material transmitted over its facilities; against claims for infringement of patents arising from, combining with, or using in connection with facilities of the Company, apparatus and systems of the customer; against all other claims arising out of any act or omission of the customer in connection with facilities provided by the company; and against any and all losses from damage to the customer’s facilities or equipment attached or connected to facilities furnished by the Company.

The Company disclaims any and all warranties, whether expressed or implied, including, but not limited to, the implied warranty of merchantability, fitness for a particular purpose, or any warranty that the services or any associated software of network transport will be uninterrupted or error free. In no event shall the Company be liable for any indirect, special consequential or incidental damages, including without limitation, lost profits or loss or damage to data arising out of the use, partial use or inability to use the services, even if the Company has been advised of the possibility of such damages. The Company’s entire liability and the customer’s exclusive remedy under this Tariff, for any claim, whether in contract (including breach of warranty), or in tort (including negligence), shall be limited to the total amount paid by customers to the Company for those services upon which the liability is based.

Provided the Customer makes a request for a refund within two (2) years of the date of alleged over-billing, a refund of charges for over-billing by the Company will be made for the full amount of excess charges when such amount can be determined; when the period during which over-billing occurred cannot be fixed or the exact amount of over-billing cannot be determined from the available records, the maximum refund will not exceed the estimated amount equal to such over-billing for a three (3) year period.

When, in the judgment of the Company, the continued provision of service becomes unsafe, or where federal, state or local regulations place operational restriction(s) upon the Company because of unsafe or hazardous situation, or other unusual conditions including strikes or lockouts; service as provided in the Tariff may be temporarily suspended by the Company.

The Company reserves the right to temporarily suspend service when repair, modification or improvement to the system is necessary.

The Company is not liable for any defacement or damage to the subscriber’s premises resulting from the existence of the Company’s instruments, apparatus and associated wiring thereon, or from the installation or removal thereof, when such defacement or damage is not the result of negligence on the part of the Company.

The subscriber’s facilities and equipment shall conform to all applicable laws, regulations or ordinances as may be effective and the conditions of this Tariff. The Company does not express, imply or warrant the adequacy, safety or other characteristics of subscriber owned or operated equipment by virtue of any inspection or rejection of facilities. The Company shall not be held liable in any way for subscriber owned and maintained equipment which causes or may cause a hazardous, unsafe or dangerous condition, or threatens the health of others, even if such facilities were inspected by the Company.

19. LIABILITIES OF THE CUSTOMER

The Customer shall indemnify, defend and hold harmless BT (including the costs of litigation and reasonable attorney’s fees) against:

(i) Claims for libel, slander, invasion of privacy, infringement of copyright or patents or unauthorized use of any trademark, trade name or service mark arising out of the material, data, information, or other content transmitted over BT’s services, facilities, or equipment; and

(ii) All other claims (including, without limitation, claims for damage to any business or property, or injury to, or death of, any person) arising out of any act or omission of the Customer, or the Customer’s agents, servants, employees, or customers, in connection with any service or facilities or equipment provided by BT.

20. CONTINGENCIES

Except as expressly required by applicable law, BT will not be liable for delays, damages, or failures in performance due to BT’s routine maintenance and testing of the services that BT provides to Customer or to causes beyond BT’s reasonable control, including, but not limited to acts of a governmental body, civil commotion, acts of God, acts of third parties, fires, floods, strikes or other labor disputes, or inability to obtain necessary equipment or services.

21. ASSIGNMENT

Without the Customer’s consent, BT may assign all or part of this Agreement including BT’s rights to receive monies under this Agreement. The Customer shall not assign, subcontract, sublet or transfer this Agreement, in whole or in part, without BT’s written consent. Any assignment, subletting, transfer, or subcontracting in violation of this paragraph shall be void.

22. SEVERABILITY

If any of the terms or conditions in this Agreement is held to be invalid or unenforceable by a government body of competent jurisdiction, the holding shall not affect any other term or condition of this Agreement, and the Agreement shall be construed as if it did not contain the invalid or unenforceable term or condition.

23. ENTIRE AGREEMENT

This Agreement supersedes all prior representations, understandings, or agreements on the subject matter of this Agreement. This Agreement may not be modified or waived except as described in this Agreement. With respect to all matters arising under this Agreement, this Agreement is a contract between the Customer and BT.

PRIVACY POLICY

PROTECTING CUSTOMER PRIVACY AT BURLINGTON TELECOM

Burlington Telecom ("BT") has strict policies governing employee access to customer records. We access customer accounts, records or reports for authorized business purposes only. We educate our employees about their obligation to safeguard customer information and telephone calls, and we hold them accountable for their actions. BT obtains information from customers that helps us to provide service, and we use that information for business purposes only.We collect and maintain information about you such as your name, address and telephone number. When you call us, a service representative uses this personally identifiable information in order to render service.BT keeps all of our records private including the services you buy, the programs that you purchase and the calls that you make. We do not ordinarily disclose this information without your permission. The only time that BT will release customer information without involving you is when disclosure is required by law or to protect the safety of customers, employees or property or when contractual obligations requires; such as:

• If you subscribe to telephone service with BT and dial 911, information about your location may be transmitted automatically to a public safety agency. Certain information about your long-distance calls is transmitted to your long distance company for billing purposes. BT also is required by law to give competitive local exchange carriers access to its customer databases for purposes of serving their customers, to exchange credit information with other carriers, and to provide listings (other than certain non-published and non-listed information) to directory publishers.
• BT must disclose information, as necessary, to comply with court orders, search warrants or subpoenas. BT also will share information to protect its rights or property and to protect users of its services and other carriers from fraudulent, abusive or unlawful use of services.
  
• BT may provide information to collection agencies about former customer accounts that are in arrears.
• BT also occasionally uses contractors to do work for the company. These contractors have the same obligations as our regular employees concerning customer information.

BURLINGTON TELECOM DOES NOT SELL INFORMATION TO THIRD PARTIES

SECURITY

We take reasonable security precautions to protect your personally identifiable information that we collect on the services from unauthorized access, use and disclosure. For example, we store billing records on computers in a controlled and secure environment and we destroy all credit card, financial and personal data we receive by shredding after internal use. However, we cannot guarantee that our security precautions will, absolutely, without any possible exception, prevent every unauthorized attempt to access, use or disclose your personally identifiable information.

RETENTION OF INFORMATION

We will maintain most, if not all, of the personally identifiable information we have collected during the time you are a subscriber. We generally will destroy the information after a reasonable time following the termination of your account with us, if we no longer need to retain the information for the purpose for which it was collected or retention is no longer required by law, tax or other legitimate business activities.

NOTICES AND CHANGES TO PRIVACY POLICY

As required by Federal law, we will notify you of our Privacy Policy annually. We reserve the right to modify this policy at anytime. We will notify you of any material changes via written, electronic, or other means permitted by law. If you find the change unacceptable, you have the right to cancel service. Your continued use of service following the notice will be considered an acceptance of the change.

THIRD PARTY WEBSITE DISCLAIMER

As a service and convenience to our customers, Burlington Telecom regularly provides links to third party websites. Any website you visit by a link from this site is solely the responsibility of the vendor, merchant, or other party providing the site. Links that may be accessed via this site are for the convenience of browsers only. The content of, including materials and information contained on, any site to which you link from this site is solely the responsibility of the provider of that web site. Any transactions that you enter into with a vendor, merchant or other party listed in this site or linked from this site are solely between you and that vendor, merchant or other party. Burlington Telecom is not responsible for any such third party content that may be accessed via this site, nor the organizations publishing those sites, and hereby disclaims any responsibility for such content.

ACCEPTABLE USE POLICY FOR INTERNET

1. INTRODUCTION

Burlington Telecom’s ("BT") Acceptable Use Policy ("AUP") is intended to help enhance the use of the Internet by preventing unacceptable use. All users of BT’s Internet service ("Service")-those who access our Service but do not have accounts ("Visitors"), as well as those who pay a monthly service fee to subscribe to the Service ("Members")-must comply with this AUP. You are responsible for any misuse of the Service, even if the misuse was committed by a friend, family member, or guest with access to your Service account. Therefore, you must take steps to ensure that others do not use your account to gain unauthorized access to the Service by, for example, strictly maintaining the confidentiality of your 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.

BT supports the free flow of information and ideas over the Internet and does not actively monitor use of the Service under normal circumstances. Similarly, BT does not exercise editorial control over the content of any Web site, electronic mail transmission, news group, or other material created or accessed over or through the Service, except for certain proprietary websites. However, in BTs effort to promote good citizenship within the Internet community, BT will respond appropriately if it becomes aware of inappropriate use of our Service. Although BT has no obligation to monitor the Service and/or the network, BT reserves the right at any time to monitor bandwidth, usage, transmissions, and content from time to time to operate the Service; to identify violations of the AUP; and/or to protect the network, the Service and BT users.

BT prefers to advise customers of inappropriate behavior and any necessary corrective action. However, if the Service is used in a way that BT, in their sole discretion, believes violates this AUP, BT may take any responsive actions they deem appropriate. These actions include, but are not limited to, suspension or termination of your account, billing you for administrative costs and/or reactivation charges. Neither BT nor its affiliates, or agents will have any liability for any of these responsive actions. These actions are not BT’s exclusive remedies and BT may take any other legal or technical action it deems appropriate.

BT reserves the right to investigate suspected violations of this AUP, including the gathering of information from the user or users involved and the complaining party, if any, and examination of material on BT’s servers and network. You expressly authorize BT to cooperate 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. This cooperation may include BT providing available personally identifiable information about you to law enforcement or system administrators, including, but not limited to, username, subscriber name, and other account information. This AUP should be read in conjunction with our Internet Service Agreement and other policies. You agree to indemnify, defend and hold harmless BT and its affiliates, suppliers, and agents against all claims and expenses (including reasonable attorney fees) resulting from you engaging in any of the prohibited activities listed in this AUP or resulting from your violation of the AUP or of any other posted BT policy related to the Service. Your indemnification will survive any termination of the Subscriber Agreement.

2. VIOLATIONS OF BURLINGTON TELECOM’S ACCEPTABLE USE POLICY
The following constitute violations of this AUP:

a. IILLEGAL USE - Using the Services to transmit any material (by email, uploading, posting, or otherwise) that, intentionally or unintentionally, violates any applicable local, state, national or international law, or any rules or regulations promulgated there under.

b. HARM TO MINORS - Using the Services to harm, or attempt to harm, minors in any way.

c. THREATS - Using the Services to transmit any material (by email, uploading, posting, or otherwise) that threatens or encourages bodily harm or destruction of property.

d. HARRASSMENT - Using the Services to transmit any material (by email, uploading, posting, or otherwise) that harasses another.

e. FRAUDULENT ACTIVITY - Using the Services to make fraudulent offers to sell or buy products, items, or services or to advance any type of financial scam.

f. FORGERY OR IMPERSONATION - Adding, removing or modifying identifying network header information in an effort to deceive or mislead is prohibited. Attempting to impersonate any person by using forged headers or other identifying information is prohibited. The use of anonymous remailers or nicknames does not constitute impersonation. Using deliberately misleading headers in news postings in order to avoid spam email address collectors is allowed.

g. UNSOLICITED COMMERCIAL EMAIL / UNSOLICITED BULK EMAIL - Using the Services to transmit any unsolicited commercial email or unsolicited bulk email. Activities that have the effect of facilitating unsolicited commercial email or unsolicited bulk email whether or not that email is commercial in nature, are prohibited.

h. UNAUTHORIZED ACCESS - Using the Services to access, or to attempt to access, the accounts of others, or to penetrate, or attempt to penetrate, security measures of BTs or another entity's computer software or hardware, electronic communications system, or telecommunications system, whether or not the intrusion results in the corruption or loss of data.

i. COPYRIGHT OR TRADEMARK INFRINGEMENT - Using the Services to transmit any material (by email, uploading, posting, or otherwise) that infringes any copyright, trademark, patent, trade secret, or other proprietary rights of any third party, including, but not limited to, the unauthorized copying of copyrighted material, the digitization and distribution of photographs from magazines, books, or other copyrighted sources, and the unauthorized transmittal of copyrighted software.

j. RESELLING SERVICE - Reselling the Services without BT’s authorization.

k. NETWORK DISRUPTIONS AND UNFRIENDLY ACTIVITY - Using the Services for any activity which adversely affects the ability of other people or systems to use BT Services or the Internet. This includes "denial of service" (DoS) attacks against another network host or individual user. Interference with or disruption of other network users, network services or network equipment is prohibited. It is the Member's responsibility to ensure that their network is configured in a secure manner. A Member may not, through action or inaction, allow others to use their network for illegal or inappropriate actions. A Member may not permit their network, through action or inaction, to be configured in such a way that gives a third party the capability to use their network in an illegal or inappropriate manner.

l. NEWS - BT Members should use their best judgment when posting to any news group. Many groups have charters, published guidelines, FAQs, or "community standards" describing what is and is not considered appropriate. Usenet can be a valuable resource if used properly. The continued posting of off-topic articles is prohibited. Commercial advertisements are off-topic in most news groups, especially regional groups not specifically named for such. The presence of such articles in a group is not indicative of the group's "intended" use. Please familiarize yourself with basic Usenet etiquette before posting to a newsgroup.

m. HIGH VOLUME USE - Using a personal account for high volume or commercial use is prohibited. The Services are intended for periodic, active use of email, news groups, file transfers, Internet chat, games, and browsing the World Wide Web. If you require a high volume service, please contact us to purchase commercial service.

3. REVISIONS TO THIS ACCEPTABLE USE POLICY
BT reserves the right to revise, amend, or modify this AUP, our Internet Service Agreement and our other policies and Agreements at any time and in any manner. Notice of any revision, amendment, or modification will be posted at www.burlingtontelecom.net.