Acceptable Use Policy

This Acceptable Use Policy is in addition to Direct Communications Contract and Direct Communications Rights and Responsibilities.  This AUP is between Direct Communications (“our” or “Direct”) and the Customer (“you” or “your”) for “service” (internet and/or phone).  By using the Service, you consent and agree to be bound by the terms and conditions of this AUP.  You are responsible for regularly reviewing this AUP. Failure to abide may result in suspension or termination of Service.  If you do not agree to the terms of this AUP do not activate your service and immediately contact Direct.  By using our service, you agree to this Acceptable Use Policy.

Service

Commencing on the date on which service is activated, you will have use of the service.  In exchange, you will pay the current charges for such service and equipment, including activation charges upon commencement of billing.  Billing will begin when Direct has activated your service, whether or not you have completed self-installation or actually use the service.

You agree to provide Direct reasonable access to your premises to activate, maintain or repair your service. 

Service shall continue until you speak with a Direct representative and give notice that you wish to discontinue the service or service is terminated by Direct for nonpayment.  Services cannot be terminated via email or voicemail and must be confirmed with account password verification.

Direct requires all underground lines to be marked before the start of any digging on the premises, either by Direct, a third-party company or you.  Please call Blue Stakes (811) to mark premises.  Direct is not responsible for unmarked sprinkler lines or damages to those lines.

Fees

You agree to pay all fees and charges specified when you requested service for internet and/or phone usage and any equipment.  Fees may change and will be posted on Direct Communications website.

A one-time activation fee will be charged to the credit/debit card you give to Direct.  This one-time charge does not set up autopay. 

If any portion of your payment is received after the last day of the month, a late fee will be assessed.  Direct reserves the right to bill for all outstanding sums to you. 

Unless otherwise requested, your bills and all correspondence will be sent via email.

In the event any balance is not paid and the account is sent to collections, you agree to pay all collection fees and costs incurred.  In the event of a lawsuit to collect the unpaid balance, you agree to pay court costs and reasonable attorney fees.    In order for Direct to service your account or collect unpaid balances, you agree to being contacted by telephone at any number associated with your account, including wireless telephone numbers, which could result in charges to you.  You may also be contacted by text messages or email, using any email address you provide to Direct.  Methods of contact may include using pre-recorded/artificial voice messages and/or use of an automatic dialing device.

If two payments are made through your bank account and are returned due to NSF (nonsufficient funds), you will not be allowed to pay via your bank account for one year.

Direct may suspend or discontinue service if charges are not paid.

Direct may charge a rescheduling fee if you are not present for a scheduled trouble ticket or activation appointment.

Direct may charge a restocking fee if a router is leased and returned prior to 6 months.  Direct can also charge if all equipment and box is not returned or if the router is inoperable.

Transferring service to a new location voids the contract.  If you transfer service within Eagle Mountain, you will be charged a new activation fee and sign a new contract.

Cancellations, Terminations and Transfers

You may terminate services by contacting a Direct representative.  Services cannot be terminated via email and must be confirmed with account password verification.  You agree to pay the prorated amount due for the month in which service is terminated.  If you terminate services prior to your contract commitment, you agree to pay the broken contract fee.  If you have service with equipment and the equipment is not returned, you will be billed for the equipment. 

If you fail to pay any charge when due or if you fail to perform any conditions of your contract or you provide false or inaccurate information to obtain service, Direct may suspend your service.

Services is not transferrable.

Provisions of Service

You understand and agree that temporary interruptions of service may occur.  You further agree that Direct has no control over third party networks you may access and therefore disruption of other network transmissions are completely beyond our control.  You understand that services will be interrupted from time to time for various reasons including maintenance, upgrades, power outages, etc.  There will be no warning for some of the outages.

Limitation of Liability

Direct will make reasonable efforts to provide continuous and uninterrupted service to you.  Under no circumstance shall Direct be liable to you or any other person for any special, incidental or punitive damages of any kind, including (without limitation to) loss of profits, loss of income or cost of replacement services. 

Direct is not liable for damages in regards to service interruptions due to mistakes, omissions, and/or delays.  Any credits issued will not exceed the prorated amount for the period which service was affected.

Direct makes no warranty that the service will meet your requirements or that the service will be uninterrupted, timely, secure or error free.  Direct does not make any warranty as to the accuracy or reliability of any information obtained through the service.  Direct provides no minimum guaranteed service.

You understand and agree that any material and/or data downloaded or otherwise obtained through the use of service is done at your own risk and you are responsible for any damage to your computer system or loss of data that results from downloaded material and/or data. 

You are responsible for the protection of your identity.

Indemnity

You agree to indemnify and save Direct harmless from all claims, losses, liens, expenses and attorney fees for injuries to or death of any person for damages to or loss of any property which may in any way arise out of or result from your use of service.

Compatibility

You are solely responsible for provisioning, configuring and maintaining your equipment on your premises.  Direct is not responsible for delays in provisioning your service if your equipment is incompatible.

Customer Support

Activation of residential service is with a single IP; additional IP addresses can be given for an additional fee and can be limited.

You are responsible for additional charges for visits by a Direct employee or subcontractor to your home when service is not working as determined by negligence on your part.

Use Limitation

You agree to use the service only for lawful purposes and in accordance with this AUP.  Any unauthorized or unlawful use of the service is strictly prohibited and may result in the suspension or termination of your service.  Direct reserves the right to update this AUP at any time, without notice, to reflect changes in technology, regulations or to protect the rights of you and the company.

Direct abides by the laws of the State of Utah and Federal regulations.

Prohibited Activities

You must not use the service for any of the following activities:

1. Illegal activities, including but not limited to hacking, theft, distribution of copyrighted material, and
2. Network security breaches, including but not limited to unauthorized access to other networks, systems, or data.
3. Spamming, including but not limited to the sending of unsolicited commercial emails.
4. Resource abuse, including but not limited to excessive consumption of network resources that affects other users.
5. Content restrictions, including but not limited to the transmission or access of offensive, obscene, or illegal content.
6. Privacy violations, including but not limited to the unauthorized collections, use, or disclosure of personal information.
7. Reselling of service, Direct prohibits the sharing of service outside of the agreed upon service delivery address.

Monitoring

Direct reserves the right to monitor the use of service to ensure compliance with this AUP.  This may include, but is not limited to, the monitoring of network traffic, email, and other forms of communication.  You agree that Direct may access, use, and disclose information as necessary to protect the rights of Direct, Direct customers, and other internet users.

Disclaimer

Direct does not control or endorse the content of the information passing through its network and cannot be held responsible for any harm or damage that may result from the use of the service.  You assume all risk for your use of the service and must take appropriate measures to protect your network and data.

                                                                                                            Updated February 13, 2023

Nondiscrimination Statement.

Direct Communications is the recipient of Federal financial assistance from the Rural Electrification Administration, an agency of the U.S. Department of Agriculture (USDA).

In accordance with Federal law and the USDA’s policy, Direct Communications is prohibited from discriminating on the basis of race, color, national origin, religion, sex, gender identity (including gender expression), sexual orientation, disability, age, marital status, family/parental status, income derived from a public assistance program, political beliefs, or reprisal or retaliation for prior civil rights activity, in any program or activity conducted or funded by the USDA (not all prohibited bases apply to all programs). Remedies and complaint filing deadlines vary by program and incident.

Persons with disabilities who require alternative means of communication for program information (e.g., Braille, large print, audiotape, American Sign Language, etc.) should contact the Direct Communications or USDA’s TARGET Center at (202)720-2600 (voice or TTY) or contact USDA through the Federal Relay Service at (800)877-8339.  Additionally, program information may be made available in languages other than English.

To file a discrimination complaint, complete the USDA Program Discrimination complaint Form, AD-3027, found online at http://www.ascr.usda.gov/complaint_filing_cust.html and at any USDA office or write a letter addressed to USDA and provide in the letter all the information requested in the form.  To request a copy of the complaint form, call (866) 632-9992.  Submit your completed form or letter to USDA by:

• Mail: S. Department of Agriculture

Office of Assistant Secretary for Civil Rights

1400 Independence Ave. SW

Washington, DC 20250-9410;

• fax: (202) 690-7442; or

• email: intake@usda.gov.

USDA is an equal opportunity provider, employer, and lender.

USDA Nondiscrimination Statement.

In accordance with Federal civil rights law and U.S. Department of Agriculture (USDA) civil rights regulations and policies, the USDA, its Agencies, offices, and employees, and institutions participating in or administering USDA programs are prohibited from discriminating based on race, color, national origin, religion, sex, gender identity (including gender expression), sexual orientation, disability, age, marital status, family/parental status, income derived from a public assistance program, political beliefs, or reprisal or retaliation for prior civil rights activity, in any program or activity conducted or funded by USDA (not all bases apply to all programs).  Remedies and complaint filing deadlines vary by program or incident.

Persons with disabilities who require alternative means of communication for program information (e.g., Braille, large print, audiotape, American Sign Language, etc.) should contact the responsible Agency or USDA’s TARGET Center at (202) 720-2600 (voice and TTY) or contact USDA through the Federal Relay Service at (800) 877-8339.  Additionally, program information may be made available in languages other than English.

To file a program discrimination complaint, complete the USDA Program Discrimination Complaint Form, AD-3027, found online at http://www.ascr.usda.gov/complaint_filing_cust.html and at any USDA office or write a letter addressed to USDA and provide in the letter all of the information  requested in the form.  To request a copy of the complaint form, call

(866) 632-9992. Submit your completed form or letter to USDA by:

 

(1)mail: U.S. Department of Agriculture

Office of the Assistant Secretary for Civil Rights

1400 Independence Avenue, SW

Washington, D.C. 20250-9410;

(2) fax: (202) 690-7442; or

(3) email: program.intake@usda.gov.

USDA is an equal opportunity provider, employer, and lender.

NETWORK NEUTRALITY
NETWORK MANAGEMENT POLICY
In this document, the terms you and your refer to customers of Direct Communications™ Internet Access Service. The terms we and our refer to Direct Communications and Direct Communications™ Internet Access Service.

Definitions
Service Internet access purchased from DIRECT COMMUNICATIONS. This includes connectivity from your equipment at your premises to the Internet equipment at DIRECT COMMUNICATIONS™s office, connection of DIRECT COMMUNICATIONS’s equipment to the Internet, and DIRECT COMMUNICATIONS™s equipment that is used to route and manage your traffic to and from the Internet and to provide you with services such as e-mail, web surfing, file transfer, Internet video, and others
Bandwidth – The amount of data per second. This may be thought of as the “pipe” that carries Internet traffic.
Bandwidth capacity is the amount of bandwidth that we or another network provider makes available for your use, such as the amount of data that can be sent over a wire or fiber optic system.
Bandwidth demand is the amount of bandwidth that a customer wants to use.
Congestion – A situation where the total bandwidth demand (in bits of information per second) on a component of the Internet, including on any part of our network, exceeds the bandwidth capacity of that component to such an extent that traffic flow and service experiences degradation. Congestion is usually of a transitory nature, however, in some cases, such as an extremely popular website, it may last for a significant period.
Degradation of Service – Less than optimal performance of Internet services. This may appear to you as slow response on web sites and e-mail or distorted or frozen video.
Nominal Bandwidth “ The bandwidth of the service package you purchase. This is your maximum allowed bandwidth.

Terms of Service and Network Management Practices
The bandwidth you purchase (your service package or nominal bandwidth) is the MAXIMUM bandwidth available to you. It is not a guaranteed bandwidth. DIRECT COMMUNICATIONS will make its best effort to transmit your data in a timely fashion, however, DIRECT COMMUNICATIONS does not guarantee you that you will be able to use your entire nominal bandwidth at any given time. This is referred to as best effort service.
DIRECT COMMUNICATIONS strives to make your total nominal bandwidth available for you to use within our network. DIRECT COMMUNICATIONS cannot control bandwidth available, congestion, or service quality on those parts of the Internet beyond our network.
When other customers use our network, you may not be able to use your maximum nominal bandwidth because all customers share total bandwidth capacity at some points on our network and on the Internet. If the bandwidth demand of all customers at that network location exceeds the bandwidth capacity provided, you may not be able to use your entire nominal bandwidth. All services are shared services used by many customers.
We size our Internet services by the bandwidth of all our customers, including your service, based on best-of-breed engineering practices. Service is provided equally to all customers, and every customer’s data has an equal chance to be served.
On a downstream basis (Internet to customer), service is provided equally to all customers, Internet services, protocols, and sources or destinations on the Internet such as websites, e-mail servers, etc.
Due to limited bandwidth capacity on an upstream basis (customer to Internet), service is provided equally to all customers, protocols, and sources or destinations on the Internet such as websites, e-mail servers, etc. except that service types are prioritized to provide the best service possible to all customers. We prioritize services with streaming video being the highest priority, then web browsing, then all other services. Service is not prioritized by customer or source or destination on the Internet. No services, protocols, or legal sources and destinations on the Internet are blocked under any circumstances. Any effects on service may only be noticeable in times of significant congestion.
DIRECT COMMUNICATIONS may block any service, protocol, source, or destination that DIRECT COMMUNICATIONS determines to be illegal or a threat to life, property, or national security, or if ordered to block or otherwise modify your data by law enforcement agencies.
At this time, DIRECT COMMUNICATIONS does not implement network management techniques when congestion occurs, however, in times of congestion on DIRECT COMMUNICATIONS’s network, DIRECT COMMUNICATIONS may, at its sole discretion, implement reasonable network management techniques to protect the services of all of DIRECT COMMUNICATIONS™s customers so that each customer has adequate service quality. DIRECT COMMUNICATIONS will not implement network management if degradation of service is caused by congestion on portions of the Internet outside of DIRECT COMMUNICATIONS™s network. DIRECT COMMUNICATIONS will notify our customers on this website of changes to our network management policy.

Devices & Software that may be Attached to DIRECT COMMUNICATIONS™s Internet Access Service
There are no restrictions on types of devices you may connect to DIRECT COMMUNICATIONS™s network other than that they must be approved by the Federal Communications Commission (FCC) for use in the US telecommunications network. You may not connect any equipment to DIRECT COMMUNICATIONS™s network that is not approved by the FCC. Most commercially available equipment such as modems, routers, and PCs are approved. All equipment approved by the FCC will have a label stating that it is approved and what the type of the approval is.  This information is also found in the user’s manual or printed instructions that are provided with the equipment and may be found online at the manufacturer’s website.  You should read this label whenever you buy any equipment you wish to connect to DIRECT COMMUNICATIONS’s network.  If you have questions about any particular equipment, please call us at 208 548 2345.
DIRECT COMMUNICATIONS’s Internet access service is designed to function with accepted industry standard interface software such as provided by Microsoft, Apple, and others.  If you use a type of software not widely used in the worldwide Internet, you may experience some problems with compatibility between your software and DIRECT COMMUNICATIONS’s Internet access service.  If you have any questions, please call us on 208 548 2345, and we will try to help you resolve this problem.  It is the customer’s responsibility to assure that their software and operating interfaces conform to industry accepted specifications.

Network Security
DIRECT COMMUNICATIONS uses the latest industry-best-practices to maintain integrity and security of its network. This may include security protections that interfere with some types of customer traffic. If you believe your services are being disrupted by our security systems, please contact us on 208 548 2345.
DIRECT COMMUNICATIONS provides a level of protection for your computers from spam, viruses, and other malicious or unwanted items.  While DIRECT COMMUNICATIONS strives to provide the best protection possible for your computer, we make no guarantees that we can prevent all malicious or unwanted items from accessing your computer.  It is the customer’s responsibility to protect their computers and other devices from unwanted or harmful items.  It is very strongly recommended that you provide your own virus and malware protection, spam filtering, and firewall software, solutions are available on the DIRECT COMMUNICATIONS website.
There are additional considerations regarding Internet security related to DIRECT COMMUNICATIONS’s Internet access service.  Call our office at 208 548 2345 for a copy of our Acceptable Use Policy.

Services DIRECT COMMUNICATIONS Offers
DIRECT COMMUNICATIONS offers the following Internet access services. Pricing may be found at http://www.directcom.com/eaglemtn The bandwidths listed are the maximum bandwidth of the service. You will not be provided additional bandwidth above what you purchased, even for short periods of time. You are not permitted to “burst” traffic above your purchased bandwidth.
Fiber Broadband

*Not all services available in all locations.
DSL Broadband

Maximum Downstream Bandwidth	Maximum Upstream Bandwidth
25 Mbps	3 Mbps

Use of DIRECT COMMUNICATIONS™s Services for Real-Time Applications such as Streaming Video
The Best Effort services above may be suitable for real-time applications if the customer has purchased adequate bandwidth for that service. Disruption during times of congestion, if any, which you experience will be minimized if you purchase adequate bandwidth for the services you wish to use. However, since there are occasionally conditions of extreme congestion at various points in the Internet, including DIRECT COMMUNICATIONS’s network, DIRECT COMMUNICATIONS does not guarantee that your service will never be degraded.
Note that bandwidth requirements will differ by real-time application. For example, video such as that offered by various services such as YouTube may require somewhat less total bandwidth than entertainment quality streaming video. Bandwidth requirements may also differ among providers.

Privacy of Customer Information
DIRECT COMMUNICATIONS inspects packets of data you send or receive over our network to allow us to route and, where applicable, prioritize data. We inspect only the packet headers which tell us where to send your data and the type of data it is, i.e.: web surf, video, file transfer, etc.
DIRECT COMMUNICATIONS does not examine the content of your data, i.e.: the data which you send or receive, such as the messages from and to e-mail addresses of your e-mail, which web sites you visit, the sources of your video, or the contents of files you send or receive.
DIRECT COMMUNICATIONS does not store your data, or sell or reveal it to any third parties.
DIRECT COMMUNICATIONS may provide any of your data, both on an active, real time basis and stored data such as your billing records, to law enforcement under appropriate legal orders if law enforcement requests your information in matters dealing with illegal acts or a threat to life, property, or national security.

Contact Us
If you have questions or comments regarding our network management policies or practices, please contact us at 801 789 2800 or info@directcom.com.

Annual Notice To Customers Of National Do-Not-Call Registry Rights

Customers may reduce the number of unwanted and uninvited calls to their homes from telemarketers by registering their residential and/or wireless telephone numbers for free on the National Do-Not-Call List enforced by the Federal Communications Commission and the Federal Trade Commission.  This List is nationwide in scope, applies to all telemarketers (with the exception of certain non-profit organizations), and covers both interstate and intrastate telemarketing calls.  Customers who are not already on the National Do-Not-Call List may register their residential and wireless telephone numbers online at www.donotcall.gov, or by calling 1-888-382-1222 from the telephone number they wish to register (for TTY, call 1-866-290-4236).  Registered telephone numbers remain on the National Do-Not-Call List for five (5) years.  Customers may re-register their telephone number(s) on the List when the five years have passed, and may remove their number(s) from the List at any time.

Some miscellaneous tariff fees

RECON (reconnect from suspend for nonpayment)$55

FINCHG (late fee)$20

STATIP (static IP)$20

TRANS (transfer to new address) $55

BRKN (broken contract)  $60

DSCON (discon from suspend)$25

GEEK (geek ticket) $85/hr/min

Direct Communications is the certified and regulated incumbent local exchange carrier for Eagle Mountain Utah, offering a full range of telecommuncations services, and provides fiber optic internet to Eagle Mountain Utah.