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Corporate Disclaimers and Reports

We are committed to providing our Internet services as an open platform for innovation, investment, job creation, economic growth, competition, and free expression. We do not block any lawful content, applications, services, or your use of non-harmful devices, or discriminate in transmitting lawful network traffic except as reasonably necessary to manage our network effectively for the benefit of our customers as described below. The purpose of this disclosure is to make available information regarding our network management practices and the performance and commercial terms of our broadband Internet access services to enable you to make informed choices regarding the purchase and use of our services, in accordance with Part 8 of the Rules of the Federal Communications Commission.

Resolving Complaints and Questions

If you have any questions or concerns about your Internet services, please contact us at 334-298-7000, by e-mail at inquiries by writing to us at Customer Service Manager, CTVEA, P.O. Box 130, Phenix City, AL 36867.

Service Options and Usage

We currently offer the following options for Internet Services:
DATA TRANSFER ALLOTMENTS MONTHLY PACKAGES
6 meg 768/6.14 75 GB / Residential
150 GB / Business
3 meg 348/3.07 50 GB / RESIDENTIAL
1.5 meg 256/1.54 20 GB / RESIDENTIAL
.5 meg 128/512 GB 10 GB / RESIDENTIAL
.25 meg 128/256 5 GB / RESIDENTIAL


** Data transfer allotments: Each level of Internet above includes the amount of data transfer indicated measured in Gigabytes (GB). Additional GB of data transferred beyond the allotment is billed at $1.50 per GB. If a customer needs more data transfer than is allotted they can customize the amount of additional GB they would like for as low as $39.95 for a block of 100 GB or $29.95 for a block of 50 GB or $14.95 for a block of 20 GB. Customers also have the choice to upgrade to a level of internet service with a higher data transfer allotment at any time.

Data transfer allotments allow CABLE TV of EAST ALABAMA to offer higher speed service with lower prices. Unlimited, open usage plans offered by other providers typically employ network controls to slow down the high usage customers. CABLE TV of EAST ALABAMA encourages consumers to be informed about their use of high speed internet and respect bandwidth resources through responsible self-policing of their network usage. Hidden viruses, unsecured wireless routers and open-upload file sharing are the leading causes of overage's and they have little or no value to the customer paying the bill. Customers can monitor their data transfer at http://myaccount.ctvea.net/(Must have a valid CTVEA email account).

For the purpose of submitting inquiries or notice regarding this agreement, you agree to contact us by telephone at 334-298-7000, by email at inquiries@ctvea.net or send written notice to: Customer Service Manager, CTVEA, and P.O. Box 130, Phenix City, AL 36868.

Performance

Please note that our services are described as offering “up to” certain download and upload speeds. While we engineer our network to achieve the speeds for each of the service tiers we offer, we cannot guarantee that customers will always experience those speeds. Speeds can vary depending on variables including the following:

1. 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 or viruses.

2. 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.

3. 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. 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.

4. 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. Congestion can also occur when our customers served by the same facilities simultaneously request high volumes of data, such as peak usage hours during the evening.

5. 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 user’s connection.

6. Modem performance may degrade over time, and certain modems are not capable of handling higher speeds.

Customers may test service speeds using commercial speed tests available online, such as http://www.broadband.gov/qualitytest/about. However, commercial speed tests may not measure certain “overhead” associated with transmission which includes packets that provide routing information. We estimate that speed tests that do not account for overhead will suggest to customers that they are receiving approximately 10 to 15 percent less than the advertised maximum speed, absent other factors discussed above. Moreover, all speed tests have biases and flaws, and should be considered only as informational and not a reflection of actual performance. While we do not believe these third party tests reliably measure the speed of your service, if you are consistently testing substantially below your package speed, please contact us for assistance.

Subject to the factors above, the typical performance of our Internet services will approximate the national wireline broadband Internet speed and latency levels reported by the FCC. The FCC has reported that customers of coaxial cable-based broadband Internet services experience an average latency of 28 milliseconds, and receive mean download speeds that are within 93% of maximum advertised speeds during non-peak hours and mean download speeds of 85.7% of maximum advertised speeds during peak hours of 7 pm to 11 pm. Additional information about this FCC report is available at http://transition.fcc.gov/cgb/measuringbroadbandreport/Measuring_U.S._-_Main_Report_Full.pdf.

Your use of our telephone services does not materially affect your Internet performance. If we deliver other Internet Protocol based services or any specialized or managed services in the future that would likely affect your Internet services, we will provide additional information as appropriate.

Network Management

We engage in network management practices in order to provide quality Internet access service including during periods of high demand, and to protect us and our customers from harmful content such as malware, spam, and viruses. We attempt to block commonly known malware and malicious ports and protocols to protect customers from viruses and other harmful content. Our network utilizes shared resources, so heavy use by a single customer could degrade the service available to all of the other customers in the same area. In order to protect the availability of quality service for the most users, our system identifies the heaviest bandwidth users (based upon download and upload usage measured in Megabytes, 1 Megabyte (MB) = 8 megabits (Mb)) and slows their speed for a period of ninety minutes. The threshold to identify such heavy users depends upon your service tier and the time of day, as follows:

  • 1.5 Mbps Service is reduced to 128 kbps for 90 minutes if you upload or download more than the Megabyte (MB) capacity set forth below over a period of 10 minutes:
  • 6PM to Midnight, 57.6 MB (460.8 Mb, indicates sustained average rate of 768 kbps)
  • Midnight to 1:00AM, 69.2 MB (553 Mb, indicates sustained average rate of 922 kbps)
  • At all other times, 86.4 MB (691.2 Mb, indicates sustained average rate of 1.152 Mbps)
  • 3 Mbps Service is reduced to 512 kbps for 90 minutes if you upload or download more than the Megabyte (MB) capacity set forth below over a period of 10 minutes:
  • 6PM to Midnight, 115.2 MB (921.6 Mb, indicates sustained average rate of 1.536 Mbps)
  • Midnight to 1:00AM, 138.3 MB (1106.4 Mb, indicates sustained average rate of 1.844 Mbps)
  • At all other times, 172.8 MB (1382.4 Mb, indicates sustained average rate of 1.152Mbps)
  • 6 Mbps Service is reduced to 1 Mbps for 90 minutes if you upload or download more than the Megabyte (MB) capacity set forth below over a period of 10 minutes:
  • 6PM to Midnight, 230.4 MB (1843.2 Mb, indicates sustained average rate of 3.072 Mbps)
  • Midnight to 1:00AM, 276.5 MB (2211.6 Mb, indicates sustained average rate of 3.686 Mbps)
  • At all other times, 345.6 MB (2764.8 Mb, indicates sustained average rate of 4.608 Mbps)
 

In rare cases we may take other corrective action including suspension of service or requesting that you subscribe to a version of the Service (such as a commercial grade Internet service, if appropriate) after providing written notice to a customer who has violated the terms of service or has used the service in a manner that is not characteristic of a typical residential user as determined by the company in its sole discretion. Our telephone service traffic is prioritized to ensure voice quality and phone functionality. Except as specifically described above, at this time we do not target specific types of traffic based on their technology or their provider, modify protocol fields in ways not prescribed by the protocol standard, inhibit or favor certain applications or classes of applications, block or manage any specific protocols or protocol ports, or engage in other types of congestion management.

Commercial Terms of Service and Privacy Policies

Your service is subject to our terms of service, posted at http://www.ctvea.net/termsofuse.html. Residential Internet Service is for personal and non-commercial residential use only. Customers may not resell, share, or otherwise distribute the Services or any portion thereof to any third party, or use the services to provide network services to others, without our written consent. For example, you cannot provide Internet access to others outside of your household or your business through a wireless connection, host shell accounts over the Internet, provide email or news service, or send a news feed without our written permission. 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 or our ability to deliver the Services and monitor the Services, backbone, network nodes, and/or other network services. We do not store usage data, provide any information about customers’ usage to any third party, or engage in deep packet inspection or any other inspection of content or usage data for non-network purposes, except to the extent required by applicable law.

Equipment

You may lease modems from us, or obtain a DOCSIS, compatible modem from a third party. We lease standard modems for $3 per month. Residential customers may not connect any type of server to their service.


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Cable TV of East Alabama (CTVEA) reserves the right to amend this Agreement at any time. Prior to any amendment, CTVEA will first publish the proposed amendment, accessible through its web site. If the amendment is unacceptable, you may terminate your access account.

1) Your Account

  • You are at least 19 years of age.
  • You are responsible for all use of your account, by anyone, unless it can be conclusively proven, to the satisfaction of CTVEA, to have been an unauthorized intrusion. This means that you are expected to take reasonable security precautions to protect your computer and control access to it.

2) Payment

  • You agree to pay a monthly service fee according to CTVEA’s current pricing schedule, available at the CTVEA office at 2400 Sportsman Drive, and all applicable federal, territorial and local taxes upon your receipt of a bill from CTVEA. If payment is not received by the end of the current month, interest may be charged at CTVEA's then current rate and/or your account may be terminated and you will be subject to additional connection charges to re-establish your account.
  • Termination does not remove your responsibility under this Agreement to pay all charges incurred up to the date of termination.
  • There is a one-month minimum billing for all Internet services

3) Service Limitations

  • CTVEA does not guarantee throughput on your individual Internet access line, on a local basis or between the user and any server on the Internet.
  • CTVEA service is subject to your equipment satisfying standards of transmission and supporting communications protocols required for access to the Internet through the existing CTVEA service equipment andfacilities.
  • You are not permitted to operate any servers, including e-mail, web, news or other similar servers through CTVEA unless specifically authorized by CTVEA.
  • CTVEA cannot guarantee that all current or future Internet applications can or will be supported.

4) Service Installation

The standard installation of ETVEA high speed Internet service includes:

  • A cable connection to one jack and one computer;
  • installation of required software at one computer; and
  • customer computer configuration.

Additional charges may apply when it is necessary for CTVEA to install special equipment or to incur an unusual expense to establish service.

  • If reinstallation of hardware or software is required at your location it will be provided to you for a charge no greater than the normal installation charge. Only the standard installation service will be provided, except for software upgrades deemed necessary by CTVEA.
  • All site visits will be assessed a minimum charge as it relates to moves, changes, rearrangements or re-installations of a high-speed service unless otherwise specified.
  • You acknowledge that you are not entitled to receive customer support from CTVEA relating to any issues other than the quality of the signal delivered to your Cable modem.

5) CTVEA Property

The high-speed cable modem and its associated components are provided for your use as part of CTVEA high speed service and remain the property of CTVEA.

  • A modem replacement charge will be levied for lost or damaged hardware, as identified on CTVEA’s Request to connect Internet Services form.
  • IP addresses may be installed in your hardware or software for the duration of your service with CTVEA. These addresses are NOT portable and remain the property of CTVEA.
  • CTVEA reserves the right to change IP addressing schemes. CTVEA will provide reasonable advance warning of such network changes.
  • You agree to grant CTVEA and its employees or agents access to CTVEA equipment on your premises at a reasonable and mutually agreeable time in order to install, inspect, repair, remove or relocate your cable modem. Except in cases where the modem has been damaged by you or you have requested a relocation, work performed on the modems will be at CTVEA’s expense.
  • If you relocate the modem within your home or move to another location, you agree to notify us of the move. You may request CTVEA to relocate the modem but acknowledge that there may be a charge for doing so.

6) Customer Software and Hardware

  • ou must supply a computer system suitable for maintaining a connection on the CTVEA system. CTVEA will publish minimum hardware and software requirements from time to time. Minimum system requirements may change without notice.
  • You acknowledge and agree that you are responsible for the installation, operation and maintenance of any and all software and/or hardware required to connect to a CTVEA cable modem.
  • You agree to provide CTVEA or its designate with access to any such software and/or hardware as reasonably required.
  • CTVEA is not responsible for any damage to or loss of data or software from your computer while installing or maintaining CTVEA service.
  • CTVEA high speed service must be connected to a suitable Ethernet Network Interface Card (NIC) at your premises. If you are providing the NIC it must be installed as appropriate prior to installation of CTVEA. If CTVEA is providing the NIC, you must ensure that there is a suitable free card slot available in your computer. (CTVEA will not rearrange cards in your computer or remove cards from your computer.)
  • CTVEA will provide support only for CTVEA components. CTVEA will not provide support to components of your computer or network, including hardware, software or configuration settings beyond what is required for initial setup.

7) Content Warning

  • You agree that you are aware that CTVEA allows access to content that is for mature audiences only and which you may find offensive. You acknowledge that it is your responsibility to limit access to this content if you choose to do so by undertaking appropriate screening and security measures.

8) Use of the CTVEA Service

Intermet service may be used only for lawful purposes. You agree not to:

  • use the service for commercial purposes, including, but not limited to web hosting (other than for personal purposes), commercial FTP sites, and advertising unless specifically authorized by CTVEA.
  • transmit or link to any communication where the meaning of the message, or its transmission or distribution, would violate any applicable law or regulations, including those which deal with obscene communications, or its transmission is for the purpose of making an annoying or offensive communication to any other person;
  • engage in an unsolicited mass distribution of any message;
  • upload, publish, deface, modify or distribute any information, software or material which is protected by copyright or other legal protection without obtaining permission of the copyright owner or rights holder;
  • disrupt or interfere with the CTVEA service or any service of any other Internet access provider;
  • engage in any activity that could in the opinion of CTVEA significantly compromise or degrade network performance on CTVEA or affect the ability of others to use the service, including but not limited to dissemination of viruses and other harmful or unsolicited code and generating levels of traffic sufficient to impede the ability of other users to send or retrieve information;
  • engage in any activity that could compromise the security of CTVEA or the security of other computers on the Internet;and
  • share, resell, or provide, as part of any commercial transaction, CTVEA to any third party.

You agree to comply with such policies respecting permitted use as may be published by CTVEA from time to time either in print at our office.


9) No Warranty - Limitation of Liability

  • YOU EXPRESSLY ACKNOWLEDGE AND AGREE THAT ALL USE OF THE CTVEA SERVICE IS AT THE USER’S OWN RISK. CTVEA MAKES NO WARRANTIES OR REPRESENTATIONS OF ANY KIND FOR THE SERVICES WHICH ARE BEING PROVIDED. CTVEA EXPLICITLY DISCLAIMS ANY WARRANTY OF MERCHANTABILITY OR FITNESS FOR ANY PURPOSE WHATSOEVER.
  • Network performance and connectivity is not guaranteed. CTVEA will use commercially reasonable efforts to ensure that those portions of CTVEA over which CTVEA has direct control are functioning properly.
  • We are not responsible for any loss you suffer, or any party claiming through or under you, as a result of using CTVEA including, but not limited to:
  1. the performance of the local network or of the Internet;
  2. the content or accuracy of any information or data, including any software viewed, downloaded, or transmitted to or from the Internet;
  3. loss resulting from the viewing, downloading, purchasing or by any other means acquiring, any material, product or service accessible through the Internet, even if you were not aware that any such loss would be incurred;
  4. loss resulting from delays, computer viruses or interruption of service, regardless of cause; and
  5. any losses or damages, including losses or damages to your equipment, facilities or software, arising from mistakes, omissions, interruptions, delays, errors, non-delivery, incorrect delivery, viruses, or defects in the transmission of information or data on the Internet.
  6. Notwithstanding the limitations of liability in this Agreement, in the event that CTVEA is found liable in a court of law for any action or lack of action related to any use of CTVEA from your account, you agree that our liability is limited to $100.
  • Should your computer hardware be damaged through CTVEA’s error or negligence, we agree to pay for repair or replacement of damaged components up to a maximum of $2000.00, provided the damage is reported to us in writing within three (3) days of the date of damage. We will not be liable for any damage to, or loss or destruction of, any software, files or data.

10) Indemnity

  • You agree to indemnify and hold harmless CTVEA, its parent corporation, affiliate corporations, all of their officers, directors, agents, employees and shareholders, from all claims and expenses, including legal fees, which result from the use, by anyone, of your CTVEA account, without limitation.

11) Compliance Measures

  • CTVEA reserves the right, without obligation, to monitor any and all communications and activity through or with CTVEA to ensure adherence to the terms and conditions of this Agreement.
  • You agree that CTVEA is not to be considered a secure communications medium and that no expectation of privacy is afforded.
  • In the event that CTVEA receives a complaint, CTVEA will investigate the complaint and, in its sole discretion, may suspend or terminate the account(s) involved and/or may remove the material from its servers. Customers involved or affected will be notified of this proceeding. CTVEA reserves the right to release customer information to comply with an investigation into any activity which may violate these terms, and may report such activities to the appropriate authorities.
  • CTVEA reserves the right to prohibit, remove, restrict and/or block access to any content or Internet capability.
  1. hyperlinks to material CTVEA deems inappropriate;
  2. material which promotes or induces illegal activity; and
  3. material that violates copyright laws or whose ownership is questionable.

12) Termination

  • You may stop using CTVEA at any time and terminate your account upon providing fifteen (15) business days written notice to CTVEA.
  • CTVEA may suspend or restrict your account and/or terminate this Agreement, at any time, if:
  1. the operations or efficiency of CTVEA service is impaired by the use from your account;
  2. any billed amount is past due from you to CTVEA; or
  3. there has been or is any breach of any term or condition of this Agreement.
  • You are responsible to pay all fees up to the date of termination.
  • Immediately upon notice of termination, you agree to return all equipment provided to you by CTVEA to a CTVEA approved depot within five days. If you do not return the equipment, or it is returned damaged or unusable, you agree to pay replacement or repair costs plus applicable taxes and to have your account adjusted accordingly.
  • Your account will be terminated and closed only after CTVEA-owned equipment as been returned and your account adjusted accordingly.

13) Service Changes

  • CTVEA reserves the right to change your e-mail ID or make other changes to this Agreement or any aspect of CTVEA as service, network or policy issues require. CTVEA will exercise commercially reasonable efforts to inform you prior to making any changes.
  • CTVEA may discontinue any or all classes of service at its discretion. Should CTVEA exercise this right, you will receive a pro-rated refund.

14) General

  • The failure of CTVEA to insist upon or enforce strict performance of any provision of this Agreement shall not be construed as a waiver of any provision or right. Neither the course of conduct between the parties nor trade practice shall act to modify any provision of this Agreement. In the event that any portion of this Agreement is held to be invalid or unenforceable, the invalid or unenforceable portion shall be construed in accordance with applicable law as nearly as possible to reflect the original intention of the parties, and the remainder of this Agreement shall remain in full force and effect.
  • This Agreement shall be governed by and construed in accordance with the laws of the Alabama.
  • Any actions against CTVEA in connection with CTVEA service must be commenced within one year after the claim or cause of action arose, or it shall be barred.
  • CTVEA may assign its rights and obligations under this Agreement without your prior written consent. You may not assign this Agreement.
  • For the purpose of submitting inquiries or notices regarding this agreement, you agree to contact us by telephone at 334.298.7000 or send written notice to: Customer Service Manager, CTVEA, P.O. Box 130, Phenix City, AL 36867.

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To protect our customers and maintain quality levels of service CABLE TV of EAST ALABAMA has created a policy to address those few customers that misuse their internet access and negatively affect other customers on the network. Residential Internet Service is for personal and non-commercial residential use only.

Therefore, to protect the customer experience of the majority of our customers, CABLE TV of EAST ALABAMA has implemented a policy to 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.

CABLE TV of EAST ALABAMA has established a monthly data consumption threshold that we will monitor on a regular or real time basis. Those customers that are in excess of our reasonable residential consumption threshold and considered by the company to be negatively impacting the internet experience of other customers will be considered in violation of this Policy. 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:

  • file transfer protocol ("FTP"),
  • peer-to-peer applications, and
  • 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 CABLE TV of EAST ALABAMA at its sole discretion) an overly large burden on the network. In addition, users must ensure that their activity does not improperly restrict, disrupt, inhibit, degrade or impede CABLE TV of EAST ALABAMA ability to deliver the Services and monitor the Services, backbone, network nodes, and/or other network services.

CABLE TV of EAST ALABAMA has the right to restrict users that exceed their network traffic. Customers may not resell, share, or otherwise distribute the Services or any portion thereof to any third party without the written consent of CABLE TV of EAST ALABAMA. For example, you cannot provide Internet access to others outside of your household or your business through a wireless connection, host shell accounts over the Internet, provide email or news service, or send a news feed unless express permission is granted by the customer agreement. You may not provide network services to others via. CABLE TV of EAST ALABAMA.

Our goal is to provide each internet customer with a fast and reliable service. To meet this goal we will monitor those individuals that negatively affect the majority of our customer's internet experiences. In each case, CABLE TV of EAST ALABAMA may, in its sole discretion, suspend or terminate a Service account or request that you subscribe to a version of the Service (such as a commercial grade Internet service, if appropriate) if you wish to continue to use the Service at higher data consumption levels. CABLE TV of EAST ALABAMA may also provide versions of the Service with different speed and data consumption limitations, among other characteristics, subject to applicable Service plans. CABLE TV of EAST ALABAMA's determination of the data consumption for Service accounts is final.

DATA TRANSFER ALLOTMENTS MONTHLY PACKAGES
6 meg 768/6.14 75 GB / Residential
150 GB / Business
3 meg 348/3.07 50 GB / RESIDENTIAL
1.5 meg 256/1.54 20 GB / RESIDENTIAL
.5 meg 128/512 GB 10 GB / RESIDENTIAL
.25 meg 128/256 5 GB / RESIDENTIAL


** Data transfer allotments: Each level of Internet above includes the amount of data transfer indicated measured in Gigabytes (GB). Additional GB of data transferred beyond the allotment is billed at $1.50 per GB. If a customer needs more data transfer than is allotted they can customize the amount of additional GB they would like for as low as $39.95 for a block of 100 GB or $29.95 for a block of 50 GB or $14.95 for a block of 20 GB. Customers also have the choice to upgrade to a level of internet service with a higher data transfer allotment at any time.

Data transfer allotments allow CABLE TV of EAST ALABAMA to offer higher speed service with lower prices. Unlimited, open usage plans offered by other providers typically employ network controls to slow down the high usage customers. CABLE TV of EAST ALABAMA encourages consumers to be informed about their use of high speed internet and respect bandwidth resources through responsible self-policing of their network usage. Hidden viruses, unsecured wireless routers and open-upload file sharing are the leading causes of overage's and they have little or no value to the customer paying the bill. Customers can monitor their data transfer at http://myaccount.ctvea.net/(Must have a valid CTVEA email account).

For the purpose of submitting inquiries or notice regarding this agreement, you agree to contact us by telephone at 334-298-7000, by email at inquiries@ctvea.net or send written notice to: Customer Service Manager, CTVEA, and P.O. Box 130, Phenix City, AL 36868.


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