Open Internet Policy
COLTONTEL adopts this Open Internet Policy to promote the Internet as an open platform enabling customer choice, freedom of expression, end-user control, competition, and the freedom to innovate without permission.
No Unreasonable Discrimination: ColtonTel does not unreasonably discriminate in transmitting lawful network traffic over a customer’s broadband Internet access service, subject to reasonable network management. Reasonable network management practices are set out below.
No Impairment or Delay; No Discrimination: ColtonTel does not:
- Discriminate among specific uses, or class of uses, of its network
- Impair, degrade or delay VoIP applications or services that compete with its voice services or those of its affiliates
- Impair, degrade, delay or otherwise inhibit access by customers to lawful content, applications, services or non-harmful devices
- Impair free expression by actions such as slowing traffic from particular web sites or blogs
- Demand pay-for-priority or similar arrangements that directly or indirectly favor some traffic over other traffic
- Prioritize its own application, services or devices or those of its affiliates
No Blocking: ColtonTel does not block lawful content, applications, services, or non-harmful devices, subject to reasonable network management. Network management practices are set forth below.
NETWORK MANAGEMENT PRACTICES
General: ColtonTel manages its network to provide high quality service to its customers. ColtonTel cannot guarantee that it can prevent spam, viruses, security attacks, network congestion and other actions which can affect service, but does use various filters, monitoring efforts and other measures in an effort to minimize the effects of spam, viruses, security attacks, network congestion and other actions which can affect the service provided to customers.
Congestion: ColtonTel has not experienced substantial problems with congestion. However, it may be possible that there are congestion events that may occur in the future, particularly as it may be related to the service capacity from third parties used by ColtonTel to provide the customer with access to the world. Such service capacity is outside the control of ColtonTel.
Where feasible, ColtonTel will address congestion issues through improvements to its network or the capacity purchased from other providers needed to connect to the outside world. Such processes take time to implement and may not be feasible in all situations. Therefore, ColtonTel reserves the right to monitor and identify which customer accounts are using the greatest amount of bandwidth during periods of heavy congestion and to work to provide solutions to address those issues. If a preferred solution cannot be worked out with the customer or customers, ColtonTel reserves the right to manage the Internet traffic of high volume customers during periods of significant congestion. This means that the affected customers will still be able to access the Internet and engage in activities that they desire, but during certain periods of time they may experience conditions such as longer times to download or upload files, slower access and slower movements during online game playing. It is expected that periods of traffic management due to congestion will be as brief and infrequent as the circumstances permit.
Use of Network: In no case will ColtonTel discriminate among customers on the basis of the type of content, applications, services or devices which the customer uses.
Applications: Customers may use any lawful and commercially available application which they desire. ColtonTel does not normally monitor the contents of the traffic or applications of the customers and undertakes no obligation to monitor or investigate the lawfulness of any specific application used by a customer. ColtonTel will only take steps regarding an application-specific behavior by a customer if there is a reasonable belief that the application will cause harm to ColtonTel’s network or is unlawful, including, but not limited to, violating intellectual property rights.
Devices: A customer may use any lawful, compatible type-accepted and commercially available device which they desire on the network provided by ColtonTel, as long as such device does not harm the network and is not unlawful.
Security: While we do provide an email filter for email customers, ColtonTel undertakes no obligation to monitor or protect customer traffic from spam, viruses, denial of service attacks or other malicious, unlawful or unwarranted activities. ColtonTel does not guarantee that it can protect customers from any or all security breaches. The customer is using this service at its own risk. Customers are cautioned to purchase their own spam filtering, ransomware, and antivirus software from commercial vendors to meet their needs. However, a customer that is subject to spam, virus, and denial of service attack or similar malicious, unlawful or unwarranted activities is urged to contact ColtonTel as soon as possible. ColtonTel will work with the customer on how the customer can take appropriate and economically reasonable efforts to address the matter. The customer is using this service at its own risk.
Other Matters: Other terms and conditions for use are found in ColtonTel’s Internet Service Agreement at ColtonTel’s website: www.colton.com then use the “Internet” link and choose “Internet Guides” and then click the “Terms and Conditions of Service Link.” The terms and conditions of the Internet Service Agreement control to the extent there is any inconsistency with this Policy.
The pricing and levels of service provided by ColtonTel can be found at www.coltontel.com, then use the “Internet” link. Expected access speeds vary by package. Package download speeds vary from 10 megabytes per second to 75 megabytes per second. Upload speeds vary by package from 1 megabyte per second to 25 megabytes per second. An email box is included. Latency is not a significant issue with any of the packages offered by ColtonTel.
However, actual access speeds and delay times or latency are impacted by the length, capacity and congestion of transport facilities purchased by ColtonTel from third party providers. ColtonTel cannot guarantee that it will be able to obtain capacity from these third party providers at commercially reasonable prices if and when additional third party capacity is needed to reach Internet nodes.
ColtonTel’s ability to deliver the speeds set forth above may be affected by significant use of specialized services such as Internet-based video services. This is a growing area and its effect on ColtonTel’s ability to provide service at the speeds listed above are unknown at this time.
Subject to network management considerations, ColtonTel does not impose data caps.
As a general statement, ColtonTel does not usually entail inspection of network traffic. ColtonTel does retain and store certain traffic information for time periods required by federal and state law, including, but not limited to, the identity of the customer using a particular IP address during a specific period of time. ColtonTel does assist law enforcement and provides traffic information that it may have available to it when requested pursuant to the Communications Assistance for Law Enforcement Act, the Foreign Intelligence Surveillance Act and other applicable national and state security and criminal statutes.
COLTONTEL DOES NOT COLLECT, STORE OR USE TRAFFIC INFORMATION TO PROFILE ITS CUSTOMERS IN ORDER TO SELL ADDITIONAL SERVICES TO THEM OR FOR NON-NETWORK MANAGEMENT PURPOSES.
If a customer has complaints about the service, they are urged to contact us at 503-824-3211 or email email@example.com. A customer always has the right to file a complaint with the Federal Communications Commission at www.fcc.gov. If you feel you are a victim of identify theft, you should contact the Oregon Department of Justice at www.doj.state.or.us/consumer-protection/contact-us/ and/or the Federal Trade Commission at www.IdentityTheft.gov.
RESERVATION OF RIGHTS/AMENDMENTS
In the event of any conflict between material found on other links on ColtonTel’s web site and this Open Internet Policy, the more specific terms at the other links shall control.
ColtonTel may modify this Policy and other policies it has linked for the customer from time to time at its discretion. Notice of such changes will be posted on this web site. However, individual notice to customers, content providers, application providers, service providers or device providers by any means whatsoever shall not be provided unless specifically required to by federal or state law. Notice of changes will be provided in advance normally upon a thirty day basis. However, ColtonTel reserves the right to use a shorter notice period when circumstances so warrant.
Testing and Measuring Broadband Performance
The FCC requires COLTONTEL to test and measure the broadband performance of randomly selected customers and submit the tests results. You agree to allow COLTONTEL to use the router provided for your broadband service in order to access, collect, process and distribute information that is required by the FCC. You specifically agree to allow COLTONTEL to test and measure the quality of your broadband connection, including but not limited to speed and latency, and provide such information to the FCC. COLTONTEL will access, collect, process and distribute the information in accordance with all applicable privacy laws and rules and will not use the information for any other purpose. COLTONTEL will only access and collect the information that is required to be submitted to the FCC. COLTONTEL will not access or collect your content or monitor your internet activity.