Policy and Resources - Southwest Broadband

Acceptable Use Policy

Southwest MN Broadband Services and its affiliates (“Southwest Broadband”) provide Voice, Video, and Internet Services (“collectively, the “Services”) to its customers. To protect the interests of all its customers and to ensure optimal service levels at all times, Southwest Broadband has developed the following Acceptable Use Policy (“AUP”). It is designed to help protect the Services, users of the Services and the Internet community from irresponsible and/or illegal activities. PLEASE READ THIS POLICY CAREFULLY BEFORE ACCESSING THE SERVICES. BY ACCESSING THE SERVICES, YOU AGREE TO BE BOUND BY THIS POLICY. IF YOU DO NOT WISH TO BE BOUND BY THIS AUP, YOU MAY NOT ACCESS OR USE THE SERVICES. This AUP may be revised in part or in full at the sole discretion of Southwest Broadband. Continued use of Services after such changes or enhancements to the AUP have been made will constitute acceptance of any revisions made to the AUP.

General Policy

Southwest Broadband reserves the right in its sole discretion to deny or restrict your use of the Services, or to immediately suspend or terminate your Services, if the use of the Services by you or others, in Southwest Broadband’s sole discretion violates this AUP. All Services provided by Southwest Broadband may be used strictly for lawful purposes only. Southwest Broadband does not actively monitor, censor, edit or take any responsibility whatsoever for customer content or communications from within the network controlled by Southwest Broadband, except in as much to determine if violations of the AUP have occurred once suspected violation has been brought to the attention of the abuse team at Southwest Broadband. Customers are fully and solely responsible for the content and use of their Services as provided by Southwest Broadband and each customer should ensure that their use falls within the guidelines of this AUP. Southwest Broadband cannot and will not censure, edit, or otherwise interfere with information or content customers retrieve from sources outside the Southwest Broadband network, even when such information is made available to customers through material deliverable to any site or Services maintained by Southwest Broadband. Because of this, Southwest Broadband will not be held responsible for injury or liability to any customer resulting from communications that may be offensive, misleading, illegal, or otherwise unsuitable in the view of the customer. Customers further agree to indemnify and hold harmless Southwest Broadband or any of its subsidiaries from claims resulting from the use of any provided Services, which damages the customer of any other party.

Illegal & Prohibited Use

This section is used to address actions, content or activities that are prohibited by law and by rules established by Southwest Broadband. These prohibitions and restrictions on use are not negotiable. Users found to engage in activities that Southwest Broadband determines, in its sole discretion, violate this AUP may have their accounts terminated. Violators may also be subject to appropriate legal action and/or consequences. Southwest Broadband reserves the right to cooperate with legal authorities and/or injured third parties in the investigation of any suspected illegal activity or civil wrong. Activities or misuse of Services, including the misuse of email, considered by Southwest Broadband to be a violation of this AUP are as follows, but are not limited to:

Spamming

The sending of unsolicited email (Spamming) utilizing the Services is forbidden. Southwest Broadband has a “zero tolerance” policy for SPAM or unsolicited email or unsolicited bulk email. Any user of Services found or believed to be actively distributing or engaged in the mass distribution of unsolicited emails without consent of the intended receiver may have their Services terminated.

You may not use the Services, or any equipment or software provided by Southwest Broadband:

to send e-mail or other messages to someone who has indicated that he or she does not want to receive messages from you;
to collect or receive responses from unsolicited e-mail messages (even if such e-mail was sent from accounts with other Internet service providers or e-mail services) that violate this AUP or the AUP of other Internet service providers or e-mail services;
to conduct “mail bombings” (e.g., to send more than ten copies of the same or substantially similar message, or to send very large messages or files, with the intent of disrupting a server or account); or
to harvest e-mail addresses or personal information of other customers of Southwest Broadband or the subscribers of any other network.

Sharing Services

You may permit other members of your household to access the Services within your household. Sharing of Services with members outside your household is prohibited. You as the account holder shall ensure that any users of the Services are aware of and comply with this AUP, and you agree to be held responsible for any activity or use of the Services on that account, whether or not authorized by you.

Reselling of Services

Reselling Services or offering the use of Services for added value to an entity without Southwest Broadband’s authorization is prohibited. Services are designated for the account holder’s use only and may not be used for resale purposes without Southwest Broadband’s explicit consent. You also agree not to use the Services for operation as an Internet Service Provider (ISP), or for any other business enterprise including, without limitation, IP address translation or similar facilities intended to provide access, operating, or allowing others to operate servers of any type, or any other device, equipment and/or software providing server-like functionality in connection with Southwest Broadband’s Services, unless expressly authorized.

Upstream Providers

An “upstream provider” is any company that provides Southwest Broadband bandwidth, network access and/or other services. It shall be a violation of this AUP to use the Services in any way that is unlawful, harmful to or interferes with the network of any upstream provider or that violates the policies of any other provider that is accessed through the Services.

Malicious Activity

Violations of system or network security are prohibited and may result in criminal and civil liability. Southwest Broadband will investigate incidents involving such violations and may involve and will cooperate with law enforcement if a criminal violation is suspected. Examples of malicious activity violations include, without limitation, the following:

port scanning, probes, data capture, denial of service, and access of restricted systems;
attempted access of systems not previously given access to;
anything deemed “hacking” or “cracking” to the systems, network or users;
unauthorized access to or use of data, including any attempt to circumvent user authentication or security of any host, network, or account (hacking, cracking, port scans, or flood pings);
unauthorized monitoring of data or traffic;
interfering with Services to any user, host, system or network;
conducting denial of service attacks;
any attempt to disrupt Services including, but not limited to, monopolizing resources, distributing or introducing viruses, worms, or other harmful software;
access by using artificial means, involving software, programming, or any other method.

Copyright Infringement

Southwest Broadband respects the intellectual property rights of third parties, including those granted under the US copyright laws, and the interests of its subscribers and content providers on the Internet. You may not download or store material of any type or in any format on, or disseminate such material over, Southwest Broadband’s network or servers in any manner that constitutes an infringement of third-party intellectual property rights. In accordance with the Digital Millennium Copyright Act of 1998 (DMCA) and other applicable law, it is the policy of Southwest Broadband, in appropriate circumstances and in Southwest Broadband’s sole judgment, to suspend or terminate Services provided to any subscriber who infringes third party intellectual property rights, including repeat infringers. Copyright owners routinely participate in or monitor online peer-to-peer file sharing programs to see if their content is being improperly used or shared. If a copyright owner believes its content was uploaded or downloaded improperly, it can record the Internet Protocol address (“IP address”) that was used to access the content over these Services. The IP address identifies the Internet service provider who uses the address for its customers; it does not identify an individual person. The copyright owner will then send a notice to the Internet service provider that contains the IP address along with other information such as the date and time of the event, the name of the file sharing program, and an identification of the content. The Internet service provider will then identify the account holder using that IP address in conjunction with the other information. If your service account is identified by a copyright owner as having been used in connection with acts of alleged copyright infringement, you will receive notification either by U.S. mail to the billing address of the account in question or by email to the email address we have on file informing you of the violation and the steps Southwest Broadband has taken to address the violation. In addition, Southwest Broadband expressly reserves the right to suspend or terminate the Services of any subscriber if Southwest Broadband, in its sole judgment, believes that circumstances relating to the infringement of third-party intellectual property rights warrant such action.

User Responsibilities

Safe practices need to be taken to protect users and others including, without limitation, the following:

Users are responsible for account passwords and should keep them safe.
Do NOT share account information, usernames or passwords.
Do NOT leave username and passwords in the open.
If a user feels that their account has been compromised, the username and or password should be changed immediately.
Users are responsible for obtaining, maintaining, updating and protecting their own equipment and software necessary to use the Services. Anti-virus software and personal firewalls are strongly encouraged.
Users are responsible for any misuse of Services that occurs through user’s account, even if that misuse was not authorized by the user.
Users are responsible for protecting their accounts and must take steps to ensure that others do not gain unauthorized access to user’s account or misuse the Services.
Wi-Fi and access to the Services using a Wi-Fi radio, wireless modem or router or Wi-Fi hotspots is provided over wireless radio waves, which means that your transmissions could be intercepted by unauthorized persons. Users are responsible for securing wireless equipment and wireless data networks to avoid misuse of the Services, infringement of third-party intellectual property rights, the introduction of viruses, and the unauthorized viewing of content or other breaches, including any breaches related to home security services that utilize wireless networks.
Users are responsible for the back-up and restoration of their data.

Violations

Southwest Broadband does not actively monitor the content of web sites, e-mail, news groups, or material created or accessible over its Services. However, Southwest Broadband reserves the right to monitor such Services or any services on or within our network at any time.

Violations, attempted violations, and/or concerns should be sent via email to abuse@swnoc.com. When reporting anything to Southwest Broadband please include:

The Internet protocol address used to commit the alleged violation.
The date and time (including time zone) of such violation.
Evidence of the violation, including, if applicable, full headers from emails, firewall logs, traffic dumps or information pertaining to the events in question.
Do not send excerpted parts of a message; sending the entire message with full headers helps prevent misunderstandings based on incomplete information or information taken out of context.
Context of the violation as it pertains to the supporting logs and/or documentation.

Administrative Discretion

Southwest Broadband has sole and final discretion over all aspects of the Services, Southwest Broadband’s network and this AUP. Southwest Broadband reserves the right to terminate any account or Services without cause or prior notice.

Battery Backup Power Notice

Service Limitations

All Southwest Broadband services rely on electricity to operate. If an electrical outage affects your home or business, the services we provide will not work and become unusable. This includes your telephone services and the ability to call 911 for emergency services. To avoid a disruption of your telephone service during a power outage, including the ability to call 911 for emergency services, Southwest Broadband offers an option to purchase an 8-Hour or 24-Hour battery backup system for your home or business.

What our Battery Backup System Can and Can’t Do

Southwest Broadband’s battery backup solution allows you to continue to use your telephone service during a power outage, providing up to 8 or 24 hours of standby power. Without a battery backup system or an alternative power source, you will not be able to make calls during a power outage, including 911 calls to emergency services. Our battery backup system does not provide power to any other services or devices in your home other than the equipment utilized by Southwest Broadband to provide your telephone services. Cordless phones, home security systems, medical monitoring devices and other devices within your home or business will not run on our battery backup system. We also recommend customers use a corded phone during a power outage since most cordless phones require a separate power supply and cannot be powered by our battery backup system during a power outage.

CPNI Policy

Southwest MN Broadband Services (Southwest Broadband) has implemented Customer Proprietary Information (CPNI) rules to comply with the Federal Communications Commission. These rules are to protect the privacy of your information. The CPNI rules allow us to discuss information only with the person(s) listed on the account. Before we can answer questions or provide information related to your billing, we must first be able to verify that the person we are talking to is listed on the account.

What Does This Mean to Me?

A customer who walks into our business office to discuss their account information will be asked for their government-issued photo ID. The valid photo ID must match the name on the account. Customers who call our business office will be asked questions to confirm they are the account holder or authorized to discuss or make changes to the account.

Who Can Access or Make Changes to the Account?

Southwest Broadband is prohibited from providing any information to anyone whose name is not listed on the account. If your account is listed only in your name, you may want to consider adding an authorized user to the account, if appropriate, i.e. a spouse. If you are a parent or individual that relies on someone else to make account changes, payments or anything else with our company, you will need to have that person’s name added to your records as an authorized user to discuss information and make changes to your account. The additional user(s) that you authorize will not be responsible for payment on the account or entitled to any of the privileges associated with the account.

Southwest Broadband (i) may refer potential violations of laws to the proper authorities, (ii) may cooperate in the investigation of any suspected criminal or civil wrong, and (iii) will cooperate with authorities when required to do so by law, subpoena, or when the public safety is at stake. Southwest Broadband assumes no obligation to inform you (customer) that your information has been provided to law enforcement authorities and, in some cases, may be prohibited by law from providing such notice.

Contact us by Mail
Southwest MN Broadband Services
PO Box 1006
Lakefield, MN 56150

Contact us by Telephone
507-662-7000

Contact us by Email
support@southwestbroadband.com

Network Management Policies and Practices Disclosure

This Network Management Policy and Practices Disclosure is provided pursuant to the Federal Communications Commission’s “Open Internet Rules” found at Part 8 of Title 47 of the Code of Federal Regulations. The policies and practices of Southwest MN Broadband Services (Southwest Broadband) regarding network management practices, performance characteristics, and commercial terms are provided here so that current customers, prospective customers, third-party content providers and other interested parties can make informed choices regarding the broadband Internet access services offered by Southwest Broadband and the extent to which its network management practices may affect those services.

Network Management Practices

In the interest of providing the best online experience possible for all of our broadband Internet access customers, Southwest Broadband utilizes reasonable network management practices tailored to achieve legitimate network management purposes. Because bandwidth is a limited resource for Internet service providers, it is essential that Southwest Broadband reasonably manages its network to ensure proper use and enjoyment of the Internet by all of its customers. By engaging in reasonable and responsible network management, Southwest Broadband prevents its customers from being subjected to the negative effects of spam, viruses, security attacks, network congestion, and other risks that threaten to degrade the Internet service experience. Southwest Broadband network management practices, as set forth below, are consistent with industry standards.

Southwest Broadband will not unjustly or unreasonably prevent or interfere with competition among content, applications, service, or device providers. We use various tools and industry-standard techniques to manage our communications network and deliver fast, secure, and reliable broadband Internet access services. We believe in complete transparency and provide the following disclosures about our network management policies and practices:

Network Performance

Southwest Broadband offers its broadband Internet access service via Fiber-to-the-Home (“FTTH”) utilizing fiber optic cable to deliver telephone and data services. Fiber optic cables have the capacity for an indefinite amount of data and will allow customers to receive better quality voice and data transmission services at their residential and/or business locations. The advertised speed of Internet service is the maximum speed achievable with the technology utilized for the broadband service offering subscribed to. Southwest Broadband makes every effort to support advertised speeds and will dispatch repair technicians to customer sites to perform speed tests as needed to troubleshoot and resolve speed and application performance that may be caused by its network. We measure availability, latency, and aggregate utilization on the network and strive to meet our internal service level targets. Based on internal testing using platform specific test protocols, the mean upload and download speeds are typically the advertised speed plus or minus 10%. This internal testing also indicates a mean round trip latency of under 10 milliseconds (ms) to local ports. It is important for to note, however, that bandwidth speed at which a particular distant website or other Internet resources may be downloaded, or the speed at which your customer information may be uploaded to a distant website or Internet location is affected by some factors beyond Southwest Broadband’s control, including for example: the speed of the connection from a distant web server to the Internet; congestion on intermediate transport networks, the limitations of your computer or other electronic devices, fixed or wireless accessing the Internet; or your wireless router and/or Wi-Fi equipment. In addition, your broadband Internet service performance may be adversely impacted by the inside wiring at your premises. Accordingly, you, the customer, must consider the capabilities of your own equipment when choosing and using our broadband Internet service. The computers, wireless devices, or other networks in your homes or offices may need an upgrade to take full advantage of your chosen Southwest Broadband Internet plan. Southwest Broadband does test each service for actual and expected access speeds at the time of network installation to demonstrate that the service can support the advertised speed.

Commercial Terms Pricing

In order to meet the usage and budgetary needs of all of our customers, Southwest Broadband offers a good selection of residential and business broadband Internet service plan options. To see Southwest Broadband’s current promotions and pricing on residential broadband Internet service plans, please visit our website at https://southwestbroadband.com/internet/ or https://southwestbroadband.com/business-internet-2/ to see our business broadband Internet plans. All of our broadband Internet plans include Broadband Labels that provide important information for each plan or call 507-662-7000 to speak with a customer service representative. Southwest Broadband’s broadband Internet service is priced on a flat-fee basis (plus taxes) basis. Southwest Broadband does not charge end users a usage-based fee for such services. CLICK HERE for our current "machine readable" Broadband Labels spreadsheet.

Privacy Terms Relating to Network Management

Purpose

Southwest Broadband affords full access to all lawful content, services, and applications available on the Internet and does not routinely monitor, inspect or store the network activity and traffic of its broadband Internet service users. Southwest Broadband does, however, reserve the right to monitor bandwidth, usage, data transmissions and content for purposes of protecting the integrity of its communications network and its broadband Internet access service through reasonable network management practices.

Practices

Southwest Broadband may collect equipment information to identify the equipment customer is using on the network, including but not limited to: equipment type; serial number; settings; configuration; and software. Southwest Broadband may also collect performance information to examine the operation of the equipment, services, and applications the customer may use on the network, including but not limited to: IP addresses; URLs; data transmission rates; latencies; location information; security characteristics;, and information about the amount of bandwidth and other network resources customer is using in connection with uploading, downloading or streaming data to and from the Internet. This collection of or monitoring of network traffic, activity, performance information, and/or equipment information by Southwest Broadband is done solely for reasonable network management purposes. Similarly, Southwest Broadband does not distribute information on end user network activity and/or traffic information to any third-party entities for any non-network management purpose.

Southwest Broadband is of course required to comply with relevant federal and state laws, regulations, judicial orders, and governmental requests for information, relating to information covered under this Privacy Policy, as well as other categories of information. Accordingly, any such information may be disclosed to other entities if Southwest Broadband determines, in its sole discretion, that the disclosure is required by law or is necessary to protect its interests or the interests of its customers. Southwest Broadband may also find it necessary to disclose any such information as part of any merger, acquisition, sale of Southwest Broadband assets or transition of service to another service provider.

Disclaimers

The FCC’s Internet Freedom “Transparency” rule provisions found at 47 Code of Federal Regulations (CFR) section 8.1, as adopted, and this Privacy Policy are also not intended to affect, alter or otherwise supersede the legal status of joint efforts by Internet access service providers like Southwest Broadband and other service providers that are designed to curtail copyright infringement in response to information shared by copyright holders and/or their agents that is timely, effective, and is designed to accommodate the legitimate interests of service providers, copyright holders, and Internet access end users. Furthermore, neither the FCC’s Internet Freedom Transparency rules nor this Privacy Policy are intended to prohibit or prevent Southwest Broadband from engaging in reasonable efforts to address the transfer of unlawful content or unlawful transfers of content over its communications network. For additional information, please review activities that violate our Terms of Service Agreement and/or Acceptable Use Policy which can be found at https://southwestbroadband.com/policy-and-resources/.

Amendments

Southwest Broadband may, in its sole discretion, change, modify, add or remove portions of this Network Management Policies and Practices Disclosure and/or Privacy Terms Relating to Network Management. Southwest Broadband may notify customer of any such changes by posting notice of such changes on Southwest Broadband's website at https://southwestbroadband.com and/or on the customer’s monthly bill from Southwest Broadband. The customer's continued use of Southwest Broadband’s Service(s) following notice of such change, modification or amendment shall be deemed to be the customer's acceptance of any such modification. If customer does not agree to any of the modifications, customer has the right to cancel the Service(s). In addition, this Network Management Policies and Practices Disclosure and/or Privacy Terms Relating to Network Management is subject to change in compliance with applicable law.

Contact Us

End users with questions, concerns or complaints regarding this Network Management Policies and Practices Disclosure and/or Privacy Terms Relating to Network Management are encouraged to contact Southwest Broadband at 507-662-7000.

If you believe that Southwest Broadband is acting in violation of the FCC’s Restoring Internet Freedom rules, you may file either an informal or formal complaint with the FCC. More information can be found at http://esupport.fcc.gov/complaints.htm

Privacy Policy

Purpose

Southwest MN Broadband Services (Southwest Broadband) values the trust its customers place in our organization. This Privacy Policy is intended to explain what the company does with customer information.

Policy

Southwest Broadband collects and maintains appropriate information about its present and former customers as a routine part of its operation.

The company will maintain customer information with technical, administrative and physical safeguards to protect against loss, unauthorized access, destruction, misuse, modification and improper disclosure. The company shall provide reasonable and appropriate security to protect against foreseeable hazards.

In certain circumstances, it may be necessary for Southwest Broadband’s customer information to be accessed by third party services to provide operational or other support services for our website or service offerings. To ensure the confidentiality and security of information, service providers must agree to safeguard customer information in compliance with our policy. In cases of fraud or other types of abuse, Southwest Broadband may provide information to regulatory authorities and law enforcement officials in accordance with applicable law or when we otherwise believe in good faith that the law requires it.

Information Collection and Use

Users may be asked to provide certain personally identifiable information that can be used to contact or identify them. Personally identifiable information may include, but is not limited to, name, account number, mailing address, birth date, phone number, email address, financial information, etc. ("Personal Information").

If you choose to use online customer services, including online payment services and product or service enrollment, you will be asked to provide Personal Information as appropriate and necessary for the online services you have selected. Failure to provide the requested information may preclude the delivery of the service or information requested. This information is voluntary and the user can opt-out of providing this information by simply not providing it as requested. This is a standard business precaution to ensure your privacy and security. Using positive identification helps protect you from fraudulent service requests.

Any such information will be used exclusively by us, our employees, suppliers, agents and any applicable third-party service providers required to set up your service or needed to respond to your requests.

To communicate with the customer and handle requests made by customer.
To compile research or statistical information that does not identify any customer as an
To contact customers about our products or services.
To fulfill request by our customers for information on other services.

Your personal information will not knowingly be shared with any other organization for commercial purposes.

How We Keep Information Secure

Southwest Broadband takes reasonable security measures to protect your personally identifiable information that we collect when you use the Services from unauthorized access, use, and disclosure. For example, we store billing records on computers in a controlled and secure environment. However, we cannot guarantee that our security precautions will prevent every unauthorized attempt to access, use, or disclose your personally identifiable information.

Although we make every reasonable effort to preserve your privacy as described, we cooperate with law enforcement, including without limitation under subpoena, court order, or search warrant. We may also use or disclose personally identifiable information about you without your consent to protect our customers, employees, or property, in emergency situations or to enforce our rights in court or elsewhere. We reserve the right to include usage information in aggregate formats, such as ratings surveys and other statistical reports, so long as such information does not personally identify you, your viewing habits, or the nature of any transaction you have made using the Services.

Amendments

Southwest Broadband may, in its sole discretion, change, modify, add or remove portions of this Privacy Policy. Southwest Broadband may notify customer of any such changes by posting notice of such changes on Southwest Broadband's website at https://southwestbroadband.com and/or on the customer’s monthly bill from Southwest Broadband. The customer's continued use of Southwest Broadband’s Service(s) following notice of such change, modification or amendment shall be deemed to be the customer's acceptance of any such modification. If customer does not agree to any of the modifications, customer has the right to cancel the Service(s). In addition, this Network Management Policies and Practices Disclosure and/or Privacy Terms Relating to Network Management is subject to change in compliance with applicable law.

Privacy Terms Relating to Network Management

Purpose

Southwest MN Broadband Services (Southwest Broadband) affords full access to all lawful content, services, and applications available on the Internet and does not routinely monitor, inspect or store the network activity and traffic of its broadband Internet service users. Southwest Broadband does, however, reserve the right to monitor bandwidth, usage, data transmissions and content for purposes of protecting the integrity of its communications network and its broadband Internet access service through reasonable network management practices.

Practices

Southwest Broadband may collect equipment information to identify the equipment customer is using on the network, including but not limited to: equipment type; serial number; settings; configuration; and software. Southwest Broadband may also collect performance information to examine the operation of the equipment, services, and applications the customer may use on the network, including but not limited to: IP addresses; URLs; data transmission rates; latencies; location information; security characteristics;, and information about the amount of bandwidth and other network resources customer is using in connection with uploading, downloading or streaming data to and from the Internet. This collection of or monitoring of network traffic, activity, performance information, and/or equipment information by Southwest Broadband is done solely for reasonable network management purposes. Similarly, Southwest Broadband does not distribute information on end user network activity and/or traffic information to any third-party entities for any non-network management purpose.

Southwest Broadband is of course required to comply with relevant federal and state laws, regulations, judicial orders, and governmental requests for information, relating to information covered under this Privacy Policy, as well as other categories of information. Accordingly, any such information may be disclosed to other entities if Southwest Broadband determines, in its sole discretion, that the disclosure is required by law or is necessary to protect its interests or the interests of its customers. Southwest Broadband may also find it necessary to disclose any such information as part of any merger, acquisition, sale of Southwest Broadband assets or transition of service to another service provider.

Disclaimers

The FCC’s Internet Freedom “Transparency” rule provisions found at 47 Code of Federal Regulations (CFR) section 8.1, as adopted, and this Privacy Policy are also not intended to affect, alter or otherwise supersede the legal status of joint efforts by Internet access service providers like Southwest Broadband and other service providers that are designed to curtail copyright infringement in response to information shared by copyright holders and/or their agents that is timely, effective, and is designed to accommodate the legitimate interests of service providers, copyright holders, and Internet access end users. Furthermore, neither the FCC’s Internet Freedom Transparency rules nor this Privacy Policy are intended to prohibit or prevent Southwest Broadband from engaging in reasonable efforts to address the transfer of unlawful content or unlawful transfers of content over its communications network. For additional information, please review activities that violate our Terms of Service Agreement and/or Acceptable Use Policy which can be found at https://southwestbroadband.com/policy-and-resources/.

Amendments

Southwest Broadband may, in its sole discretion, change, modify, add or remove portions of these Privacy Terms Relating to Network Management. Southwest Broadband may notify customer of any such changes by posting notice of such changes on Southwest Broadband's website at and/or on the customer’s monthly bill from Southwest Broadband. The customer's continued use of Southwest Broadband’s Service(s) following notice of such change, modification or amendment shall be deemed to be the customer's acceptance of any such modification. If customer does not agree to any of the modifications, customer has the right to cancel the Service(s). In addition, these Privacy Terms Relating to Network Management are subject to change in compliance with applicable law.

Contact Us

End users with questions, concerns or complaints regarding these Privacy Terms Relating to Network Management are encouraged to contact Southwest Broadband at 507-662-7000.

If you believe that Southwest Broadband is acting in violation of the FCC’s Restoring Internet Freedom rules, you may file either an informal or formal complaint with the FCC. More information can be found at http://esupport.fcc.gov/complaints.htm

Terms of Service Agreement

This “Terms of Service” Agreement governs the use of ALL Services provided by Southwest MN Broadband Services (Southwest Broadband). “Service(s)” refers to any related service you receive from Southwest Broadband or its affiliates including but not limited to Voice, Video, and Internet Services. By using any Service, you agree to abide by and be bound by the terms and conditions of this document. This “Terms of Service” document may be revised by Southwest Broadband at any time by posting on our website. Any violation of this agreement may result in Southwest Broadband taking actions ranging from a warning to a suspension of privileges or termination of Services. Southwest Broadband may, but is under no obligation to: provide you with advance notice of any violation, via email or otherwise, and request that such violation be corrected immediately prior to action. Southwest Broadband may refer potential violations of laws to the proper authorities, may cooperate in the investigation of any suspected criminal or civil wrong, and will cooperate with authorities when required to do so by law, subpoena, or when public safety is at stake.

Billing & Payments

Customers will be billed monthly in advance for Services to be received, plus pro-rated charges, if any, for periods not previously billed. Long distance cycles run from the 1^st of the month through the end of the month. Calls during that period of time will be rated and billed on the following month’s bill. Due to Southwest Broadband’s billing cycle, the first bill may reflect 1 ½ to 2 months of service. Payments must be credited to your account by 5:00 pm on the payment due date to avoid a late fee. A late payment charge of 1.5% (minimum $5.00) will apply to any past due account. Customer shall notify Southwest Broadband of disputed items within thirty (30) days of receipt. Failure to pay charges billed (including checks returned for insufficient funds) may result in discontinuance of Service, the removal of all Southwest Broadband Equipment (as defined below) and/or imposition of a late payment or service charge. If the customer has more than one account (business and/or residential) served by Southwest Broadband, all Southwest Broadband provided Services at all locations may be subject to suspension or discontinuance of Service in the event any one account remains unpaid, and Southwest Broadband may apply any funds received from customer first to such delinquent account(s). Should customer wish to resume a Service after any suspension, customer will be subject to a $35.00 reconnection fee. Should customer wish to resume a Service after termination of Service (Voluntary or Involuntary), Southwest Broadband will charge a $55.00 installation fee and/or service activation fee. These fees are in addition to all past due charges and other fees. In the event collection activities are required, an additional collection charge may be imposed and/or deposit may be required in order to reconnect Southwest Broadband Services. If partial payment is made of any bill and without waiving its right to collect the full balance owed, Southwest Broadband may apply that payment to any outstanding charges in the amounts and proportions that it determines.

Payment Methods: Payments can be made online at https://southwestbroadband.com, by mail or dropped off at our Lakefield business office. Southwest Broadband accepts cash, check, money order, and automatic bank drafts. Credit card payments are only accepted online utilizing SmartHub. Automatic payments will be made to your account within five days of the payment due date. Refunds on all credit balances are generally made three months after Services have been discontinued. This is to ensure that all pending and unbilled charges have been paid.

Online Statements

Customers may access their billing statements and view features on their account by logging into SmartHub from our website at https://southwestbroadband.com. First time users will be directed to set up an account upon initial login. Customers will automatically be enrolled in e-billing upon registration for SmartHub. Customers who wish to continue receiving paper bill statement delivery will need to notify our business office to request that change.

Payments by Check; Non-Sufficient Funds/Returned Items; Third Party Processing

If customer makes payment by any means other than cash, customer authorizes Southwest Broadband to collect such payment electronically. If customer's financial institution refuses payment for insufficient funds, closed or unauthorized accounts, or any other reason, customer will be charged a non-sufficient fund (NSF) charge in the amount of $30.00 for each instance in which such payment is refused. In addition, customer's Service may be suspended and/or terminated. This fee is in addition to any charges customer's financial institution may assess. Customer shall be responsible for any payment processing fees incurred when using a third party to process customer's payments to Southwest Broadband.

Rates

All programming and rates are subject to change at any time and are not tied to any commitment dates. Advertised rates do not include taxes and fees.

Taxes and Fees

Customer agrees to pay any local, state or federal taxes and fees imposed or levied on or with respect to the Services, the Equipment or installation or service charges incurred with respect to the same. You are responsible for, and shall pay, any applicable federal, state, local or other governmental sales, use, excise, value-added, personal property, public utility or other taxes, fees, or charges now in force or enacted in the future, that arise from or as the result of your subscription or use or payment for the service. If you are exempt from payment of such taxes, you must provide Southwest Broadband with a current certificate that satisfies the applicable legal requirement attesting to tax exempt status. Tax exemption will only apply from and after the date that Southwest Broadband receives such certificate.

Installation

Charges for installation services and equipment will be charged at current rates.

Equipment

To receive service, a Southwest Broadband technician will install an ONT (Optical Network Terminal) device or other equipment inside and or outside the customer’s home, business, or structure. This equipment is solely owned by Southwest Broadband and shall not be tampered with by the customer.

Required modems and/or optional router(s) are owned solely by Southwest Broadband and must be professionally installed by a Southwest Broadband technician. Upon termination of Services, it is the sole responsibility of the customer to return the equipment and applicable power cord(s) to the Southwest Broadband business office at 110 S Hwy 86, Lakefield, MN 56150 in the same condition as when it was installed; normal wear-and-tear is acceptable. Customer will be billed full retail price for any equipment not returned to the Southwest Broadband business office. In the event a Southwest Broadband technician needs to retrieve equipment not returned, the customer will be billed for a service call at current rates.

Customer Equipment

Southwest Broadband is not responsible for the maintenance, operation, service or repair of any customer-owned equipment (Roku, router, computer, telephone, television, or any device) connected to the Services.

Access

You as the customer agree to allow Southwest Broadband the right to enter your property for the purpose of adjusting, repairing, replacing, maintaining, moving, auditing, or removing any equipment if necessary. You also agree to allow access for the purpose of checking signal quality or to retrieve equipment owned by Southwest Broadband.

Easement

You agree to grant an easement to Southwest Broadband on and through your property to provide service extensions to self and other adjacent customers as well as to perform necessary maintenance, service upgrades and periodic right-of-way clearing work. When possible, all service extensions will follow the existing utility easements.

Disruption of Service

All Southwest Broadband Services are provided on an "AS IS" and "AS AVAILABLE" basis and require electricity to operate. Southwest Broadband will not be liable for any inconvenience, loss, liability, or damage resulting from any service interruption that is indirectly caused by and/or proximately resulting from any circumstances beyond Southwest Broadband’s control. This includes but is not limited to and causes attributed to: customer’s property, the company’s inability to access either customer’s premises, or any communication wires, power failure or power reduction, failure of equipment/facilities not controlled by Southwest Broadband, such as video signal failure or communications satellite failure. Blackout restrictions are determined by the Professional Sports Leagues and Teams. Southwest Broadband has no control over blackout restrictions.

Service Troubles

Service troubles may be reported by calling 507-662-7000. Southwest Broadband is responsible for expenses associated with the repair of its facilities up to the Optical Network Terminal (ONT) that will be located either inside or outside the customer’s premises. Please be aware that if Southwest Broadband technicians are called to repair trouble caused by customer-owned equipment, software, inside wiring, etc., the customer will be billed for the service call at current rates. Southwest Broadband does provide free phone assistance or basic troubleshooting during regular business hours Monday-Friday 8am-4:30pm.

Recording of Communications

Customer acknowledges and agrees that all communications between customer and Southwest Broadband may be recorded or monitored by Southwest Broadband for quality assurance or other purposes.

Termination and Expiration

Unless otherwise terminated, this Agreement shall automatically renew on a month-to-month basis. Customer acknowledges that upon such renewal all pricing is subject to change. A minimum of 1 month of service is required for any Services requested. To terminate any recurring service after the 1 month minimum, customers must call Southwest Broadband, or provide a hardcopy written notice of termination to Southwest Broadband at P.O. Box 1006, Lakefield, MN 56150. Southwest Broadband shall have the right to terminate this Agreement immediately in the event that customer makes an assignment for the benefit of creditors, or a voluntary or involuntary petition is filed by or against customer under any law having for its purpose the adjudication of customer as a bankrupt or the reorganization of customer. In the event of any breach of this Agreement by customer, the failure of customer to abide by the rates, rules and regulations of Southwest Broadband, the failure of customer to provide and maintain accurate registration information, or any illegal activity by the customer using any Southwest Broadband Service, this Agreement may, at Southwest Broadband's option, be terminated and Southwest Broadband's Equipment removed. Failure of Southwest Broadband to remove such Equipment shall not be deemed abandonment thereof. Customer shall pay reasonable collection and/or attorney's fees to Southwest Broadband in the event that Southwest Broadband shall, in its discretion, find it necessary to enforce collection or to preserve and protect its rights under this Agreement.

Assignment of Transfer

This Agreement and the Services and/or Equipment supplied by Southwest Broadband are not assignable or otherwise transferable by customer to a third party without specific authorization from Southwest Broadband.

Disclaimer

Southwest Broadband assumes no liability for any program, services, content or information distributed on or through the Services and Southwest Broadband expressly disclaims any responsibility or liability for customer's use thereof. Further, Southwest Broadband shall not be responsible for any products, merchandise or prizes promoted or purchased through the use of the Services.

Disclaimer of Liability and Indemnification: You acknowledge and understand that Southwest Broadband and its suppliers will not be liable for any Service outage and/or inability to dial 911 using the Southwest Broadband Service or to access emergency service personnel due to the characteristics and limitation of the Southwest Broadband Service as set forth in this document. You agree to defend, indemnify, and hold harmless Southwest Broadband and its suppliers, officers, directors, employees, affiliates, and agents and any other service provider who furnishes Services to you in connection with the Service, from any and all claims, losses, damages, fines, penalties, costs, and expenses (including, without limitation, reasonable attorney fees) by, or on behalf of, you or any third party user of the Service relating to the failure or outage of the Service, including those related to the 911 service.

In addition, Southwest Broadband and its suppliers do not have any control over whether, or the manner in which, calls using the 911 service are answered or addressed by any local emergency response center. Southwest Broadband and its suppliers disclaim all responsibility for the conduct of local emergency response centers and the national emergency calling center. Southwest Broadband and its suppliers rely on third parties to assist us in routing 911 service calls to local emergency response centers and to a national emergency calling center. Southwest Broadband and its suppliers disclaim any and all liability or responsibility in the event such third party data used to route calls is incorrect or yields an erroneous result. Neither Southwest Broadband and its suppliers, nor its officers, directors, employees, affiliates, and agents and any other service provider who furnishes Services to you in connection with the Service may be held liable for any claim, damage, or loss, and you hereby waive any and all such claims or causes of action, arising from or relating to the 911 service unless such claims or causes of action arose from Southwest Broadband and its suppliers gross negligence, recklessness or willful misconduct. You shall defend, indemnify, and hold harmless Southwest Broadband and its suppliers, its officers, directors, employees, affiliates and agents and any other service provider who furnishes Services to you in connection with the Service, from any and all claims, losses, damages, fines, penalties, costs and expenses (including, without limitation, attorneys fees) by, or on behalf of, you or any third party relating to the absence, failure or outage of the Service, including 911 service, incorrectly routed 911 service calls, and/or the inability of any user of the Service to be able to use 911 service or access emergency service personnel. Southwest Broadband and its suppliers strongly recommend that you always have an alternative means of accessing emergency service. Furthermore, Southwest Broadband does not provide a battery backup power supply for phone Service. If there is a power outage, or if there is a disruption to Southwest Broadband facilities, the Phone service will not work. Customer expressly acknowledges that in such cases it will not be possible to place or receive calls including calls to access emergency 911 services. If the customer chooses, customer may separately purchase a battery backup for use with the phone Service by calling Southwest Broadband at 507-662-7000. Each battery backup is designed to provide power for up to 8 hours (or 5 hours of "talk" time) for a power outage at customer's residence that is not also a network-related outage.

Proprietary Rights

Southwest Broadband and/or its service vendors own all rights in and to the Services. customer has a limited right to use the Services in accordance with these Terms of Service. However, the Terms of Service do not grant customer (or any user) any rights to, or interests in, patents, copyrights, database rights, trade secrets, trade names, trademarks or service marks (whether registered or unregistered), or any other rights or licensees related to Southwest Broadband Services (including all of its features) or any related documentation.

Force Majeure

Southwest Broadband shall not be liable for any failure of performance or customer equipment due to causes beyond its control, including but not limited to: acts of god, fire, flood, or other catastrophes; any law, order, regulation, direction, action, or request of the United States Government, or of any other government, including state and local governments having or claiming jurisdiction over Southwest Broadband, or of any department, agency, commission, bureau, corporation, or other instrumentality of any one or more of these federal, state, or local governments, or of any civil or military authority; national emergencies; insurrection; riots, wars; unavailability of rights-of-way or materials; strikes, lock-outs, work stoppages, or other labor difficulties.

Amendments

Southwest Broadband may, in its sole discretion, change, modify, add or remove portions of this Terms of Service Agreement. Southwest Broadband may notify customer of any such changes by posting notice of such changes on Southwest Broadband's website at https://southwestbroadband.com and/or on the customer’s monthly bill from Southwest Broadband. The customer's continued use of Southwest Broadband’s Service(s) following notice of such change, modification or amendment shall be deemed to be the customer's acceptance of any such modification. If customer does not agree to any of the modifications, customer has the right to cancel the Service(s). In addition, this Terms of Service Agreement is subject to change in compliance with applicable law.

Policy & Resources

Acceptable Use Policy

Battery Backup Power Notice

CPNI Policy

Network Management Policies and Practices Disclosure

Privacy Policy

Privacy Terms Relating to Network Management

Terms of Service Agreement

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