Thank you for choosing Sardis Telecom as your Internet Service(s) provider. These Terms of Service, including any schedules hereto and any terms incorporated herein by reference (” the Agreement”) along with the applicable policies and additional terms which Sardis Telecom makes you aware of, including those listed below, set forth your obligations, the obiligations of Sardis Telecom, and the rules you must follow when using Sardis Telecom provisioned fixed location internet access service(s), including both narrowband and broadband internet access services ( as individually or collectively referred to herein as “Service(s)” or “Internet Service(s)”). “You” or “your” refers to the holder of the Member Account, the holder of any Sub Account and/or any Authorized User(s).
This Agreement is based on four general principles. First, Sardis Telecom supports our customers’ right to free expression. Second, Sardis Telecom will give our customers clear notice of any meaningful limitations on the Services. Third, Sardis Telecom will give our customers clear information about the experience they can expect when using the Services. Fourth, Sardis Telecom will provide consumer Internet access service in discrete, non-overlapping speed tiers.
1. Changes to this Agreement and/or the Service
We may change any terms, conditions, rates, fees, expenses, or charges regarding your Service at any time. We also reserve the right to modify or discontinue the Service, temporarily or permanently. We will provide you with notice of material changes via either your Member Account e-mail address or any other email address you provide, recorded announcement, bill message, bill insert, newspaper ad, postcard, letter, or call to your billed telephone number or U.S. mail. It is your responsibility to check for any such notices. Your continued subscription to the Service after the effective date of the change constitutes your acceptance of such changes.
2. Internet Service
a. Service Description.
Internet Service is composed of narrowband or broadband access to Internet, and offers you a capability for acquiring or retrieving information from; generating, storing, transforming, processing, or utilizing information on; or making available information to other Internet end points connected directly or indirectly to Sardis Telecom’s network. Unless otherwise specified, Internet Services from Sardis Telecom include the following:
1) Site Access / E-Mail Services.
Access to sardistel.net and related services, including an e-mail account for the Member Account holder and any Sub Accounts, is generally included with your Internet Service.
2) DNS Services
Domain Name System (or DNS) services translate domain names into the numerical IP addresses needed for locating and identifying computer services and devices within the underlying network protocols commonly used to organize the internet.
3) IP Addresses.
Unless otherwise specified, Sardis Telecom Internet Service is provided with a dynamic Internet Protocol (“IP”) address, a static IP address, a multiple static IP address service (as applicable), or a privately managed IP address utilizing CGN (Carrier Gateway NAT) technology, at the sole discretion of Sardis Telecom. Static IP addresses are not available with all Internet Services or all tiers within certain Internet Services. Unless otherwise specified, a dynamic IP address is a single Internet address intended for use with a single Member Account and any associated Sub Accounts and a static IP address or multiple static IP address is intended for use with a single computer or a network of devices, computers and/or servers. You may not use the Service in a manner that is inconsistent with these intended uses.
Because the Internet consists of multiple interconnected networks and most Internet end points (e.g., websites and other content providers) are not directly connected to Sardis Telecom’s network, Sardis Telecom must connect to and exchange traffic with other networks to provide its subscribers the capability of uploading data to or downloading data from Internet end points that are connected to those networks. To that end, Sardis Telecom has entered into commercially negotiated agreements to exchange traffic with such networks on mutually agreeable terms. Consistent with its longstanding practice, Sardis Telecom does not warrant that it will establish or expand the connections between its network and other networks except on such mutually agreeable terms. To the extent Sardis Telecom is unable to reach agreement on terms of interconnection or network expansion with these other networks it could affect your service. Sardis Telecom therefore makes no promise express or implied that you will be able to upload data to or download data from Internet end points connected to other networks at any particular speed.
Like the other networks that make up the Internet, Sardis Telecom’s is a shared network, which means that the transmission links and other network resources used to provide the Service are shared among Sardis Telecom’s subscribers. Sardis Telecom manages this network for the benefit of all users based on a variety of factors, and our technical expertise.
b. “Speed” of Internet Services, Technology and Data Usage.
Sardis Telecom offers many broadband internet access service options, each of which has a specific service capability speed range. The term “speed” is commonly used as a shorthand way to describe the capacity at which a particular broadband internet access service can transmit data. This capacity is typically measured in the number of kilobits, megabits or gigabits that can be transmitted in one second (Kbps, Mbps or Gbps). Some applications like a short email without attachments or basic web browsing do not require high service capability speeds to function optimally, while other activities like transferring large data files can be performed faster with higher-speed services. Your service capability speed may not be suitable for some applications, particularly those involving real-time or near real-time, high-bandwidth uses such as streaming video or video conferencing.
1) Sardis Telecom Speed Tiers Page.
The current speed ranges Sardis Telecomoffers may be found on Sardis Telecom Website, at www.sardistel.com, which identifies the downstream and upstream rates at which your “Connection” (as that term is defined below) transfers internet access data between the network interface device at your home, office, or apartment building to the point you connect to the Sardis Telecom network. Our wired broadband Internet access customers should expect to see service capability speeds for their Connection within the speed tier shown on the Speed Tier page or their service plan. For example, a customer with Sardis Telecom Internet 25 Service should expect service capability download speeds between 15 Mbps and 25 Mbps between the network interface device at your premises and the point at which you connect to the Sardis Telecom network. The high-end of this range represents expected maximum speed capabilities.
Because service performance varies on an end-to-end basis, the service capability speeds of Sardis Telecom are limited to, and measured between, the equipment utilized to provision your Internet Service at the fixed address or location you identified when ordering the Internet Service and a point on the Sardis Telecom network, sometimes referred to as the “Connection” or your “internet connection.” The Connection constitutes only one segment of the end-to-end transmission path connecting the end user to Internet Web sites or content providers.
Unless otherwise expressly agreed to the contrary, Sardis Telecom makes no warranty with regard to the technology used to provision any particular Internet Service. Notwithstanding any description that may be furnished for a particular Internet Service, Sardis Telecom reserves the right, in its sole and absolute discretion, to make changes to the technology used to provision all or any portion of any Internet Service. So long as the essential functionality of the Internet Service from a user perspective is not negatively impacted in a material way by any change in technology, Sardis Telecom has no obligation to notify you of any changes in technology and changes in technology will not affect your rights or obligations with respect to the Internet Service you have purchased.
For any particular Internet Service, the technology utilized to provision different portions of the Service may vary significantly. In those circumstance, and unless otherwise expressly agreed to the contrary, Sardis Telecom shall only be responsible for the technology utilized to provision the Connection. By way of example, for an Internet Service which Sardis Telecom provisions across its 100% fiber network, Sardis Telecom can only determine that the Connection itself is provisioned using 100% fiber based facilities. As discussed in further detail below, Sardis Telecom has no control over, and makes no warranties with respect to, the technology within the premises to which the Internet Service is provisioned (e.g. the inside wiring, home network and/or local access network). Sardis Telecom further has no control over and makes no warranties with respect to the technology utilized by content providers for purposes of operating the servers which an end user must access in order to receive access to the content.
4) Other Factors that Impact Speed.
In addition to issues presented by the various technologies over which an internet access may operate on an end-to end basis, end-to-end performance of your Internet Service will also depend on a variety of other factors, including (but not limited to): the number of subscribers simultaneously using the network; specific characteristics of the location from which you are accessing the internet; specific characteristics of your intended destination on the internet; overall traffic on the Internet; Wi-Fi connectivity; interference with high frequency spectrum in your home; wiring inside your premises, office or apartment complex; the capacity or performance of your network devices, routers, gateways or modems; the servers with which you must communicate with in order to reach your intended destination and/or access the content you are trying to access; internal and external network management factors (including Overhead, which refers to the various control and signaling data required to achieve the reliable transmission of Internet access data); and, the networks you and others are using when communicating. In addition, your use of other Sardis Telecom services (such as TV, Phone, Unified Messaging, and other services) that may share the capacity of your broadband connection with the Service may impact the amount of capacity available for your use of the Service at that particular time and thus affect the performance of the Service. Consequently, Sardis Telecom does not guarantee the performance of your service on an end- to-end basis. This is also why third party speed tests which include other portions of the overall internet connection beyond the Connection itself may yield results which are outside the specified speed range for your particular service plan on the Speed Tier page. Sardis Telecom expressly disclaims any warranty with respect to the outcome of these third party speed tests.
5) Download vs Upload Speeds.
The term “download” generally refers to the process of a user utilizing their local device or computer to access information stored on a remote device, computer or server connected to the internet and includes activities ranging from “surfing” the internet, to downloading a file to streaming video. The term “upload” generally refers to the process of a user sending information from their device or computer to a remote device, computer or server connected to the internet. Unless otherwise specified, references to the “speed” of an Internet Service will solely be with respect to the download speed of that Service. Similarly, unless otherwise specified, Sardis Telecom makes no guarantee that the upload speed of a particular Internet Service will be the same as the download speed, either in terms of the applicable speed range or in terms of actual performance at any given moment. In fact, as set forth on the Speed Tier Page, many Internet Services have upload speed ranges which are lower than the comparable download speed ranges. As a result, and as a result of the many other factors that might affect speed at any given moment, the actual upload and download speed of any Internet Service will vary greatly from time to time and day to day.
6) Data Usage on Residential Internet Services.
The residential Internet Service you purchased includes either an unlimited data allowance or a monthly data usage allowance with overage charges for usage in excess of your allowance.
c. Availability and Service Changes.
Sardis Telecom Internet Services are not available in all areas, and may not be available at certain speed tiers (or at all) at your location, even if our initial testing, an Sardis Telecom website and/or any sales representative or other personnel associated with Sardis Telecom indicated that your location qualified for a particular speed tier or Service. If your location is situated in an MTU, availability of any particular Internet Service may depend upon the owner and/or manager of the MTU agreeing to grant Sardis Telecom access to the MTU and/or to your particular location.
The availability of any Internet Service may also be subject to various limitations upon the capacity of the various technologies utilized in Sardis Telecom’s network to support a given number of customers on any particular Internet Service and/or speed tier in a given area (“Capacity Limitations”). Some Internet Services are more likely to be subject to Capacity Limitations. When a particular part of Sardis Telecom’s network is approaching a Capacity Limitation, it can be very difficult for Sardis Telecom to predict exactly when or how that Capacity Limitation will impact upon the availability of a particular Internet Service to a particular location. This may mean that, although a certain location may be theoretically capable of receiving the Internet Service in question, Capacity Limitations at the time a particular order is placed may mean that a particular Service is not available to a particular location. This can even occur between the time that a Service is ordered and the time that the Services is installed / fulfilled, resulting in a Service that was shown as being available to a particular location at the time an order was placed no longer being available at the time of installation. As discussed in Section 5 below, Capacity Limitations may also mean that if a Service is terminated at any location for any reason whatsoever, it may not be possible to restore or renew that Service at that location. For all those reasons, Sardis Telecom makes absolutely no guarantee as to the availability of any Internet Service at any location.
2) Service Changes.
Sardis Telecom reserves the right to modify or discontinue any Internet Service (including rates and charges), temporarily or permanently. If Sardis Telecom makes a change that would have a material impact on your Service, Sardis Telecom will endeavor to provide you with reasonable notice of any such change. Your continued subscription to the Service after the effective date of the change constitutes your acceptance of the changes and the associated terms and conditions. In lieu of notice and Web site posting, Sardis Telecom may instead, at its sole discretion, require customers to enter into an agreement with Sardis Telecom regarding temporary material changes.
3) Technology Conversions.
In the event that Sardis Telecom determines to provision Internet Service at your location utilizing a different technology, we will evaluate whether the conversion can occur without significant interruption to your service, generally defined as no noticeable interruptions during normal business hours and no single interruption outside of normal business hours of more than one (1) hour in length. If we determine that the conversion can be accomplished without significant interruption in your service, we may elect to proceed with the conversion without prior notice to you. If we determine that the conversion is likely to result in a significant interruption in your service, we will endeavor to provide you with at least thirty (30) days’ notice of any anticipated significant interruptions of your service via email, direct mail, bill page message, and/or bill insert. If, due to factors outside our control, we cannot provide you with thirty (30) days’ notice, we will endeavor to provide you with as much advanced notice as circumstances reasonably allow. Following the period identified in such notice, we may at our sole discretion, either disconnect your service or temporarily suspend your service for up to fifteen (15) days to facilitate the conversion process.
As part of any conversion, we may, in our discretion, discontinue the particular Internet Service you are currently receiving and make available to you an alternate Internet Service of comparable or better Speed at the then applicable rates, terms, and conditions, which may differ from your previous Internet Service rates, terms, and conditions (including Bundle Discounts). If you are on a Term Plan and your overall price will increase as a result of this conversion, taking into account all applicable credits and discounts, you will not have to pay any applicable Early Termination Fee if you elect to cancel your Internet Service within the period specified for doing so on your updated Customer Service Summary or Confirmation Letter.
Your new Internet Service may require different or additional equipment in order to fully utilize. If that proves to be the case, we will endeavor to either provide you with the required equipment or notify you of any equipment you will be required to provide on your own. You may also be required to review and accept new or additional terms and conditions related to the new Internet Service and/or new equipment. If that proves to be the case, your acceptance of such terms and conditions will be a condition to your ability to access and utilize the new Internet Service.