Terms & Conditions
Visionary Communication, Inc. is referred to as VCN in these pages. VCN strives to provide the highest quality Internet service available and at the same time respect standards which have developed within the Internet community. To that end, certain activities and conduct is inappropriate or abusive and will not be tolerated on our network. This policy is not meant to be exhaustive, but is necessary to protect our ability to operate a fast, reliable network and to protect the collective interests of our customers. VCN reserves the right to make changes to this policy at any time without individual notice to each customer. Any change will be posted on this page. Use of VCN services is conditioned upon customer compliance with our terms and conditions of service (sometimes called acceptable use policies). Those who find our terms and conditions of use unreasonable should discontinue use of VCN services; continued use of our services amounts to acceptance of these policies.
2. Definition of “Unlimited Internet Access”
VCN does not charge extra regardless of the amount of use, effectively providing Unlimited Internet Access. While there is no extra charge we expect our customers to be reasonable so that everyone can enjoy quick and convenient access. This policy is applicable to all standard broadband connections. In the case of a dialup connection, the system will disconnect customers after 10 hours of use or 30 minutes of idle time (no activity.) This is referred to as an idle time-out.
3. Multiple Logons
Dial-Up Internet access is intended for interactive use, the active exchange of information from our server to your computer or network. A single dial-up account is intended for one individual to access the Internet for his or her own needs. Multiple logon accounts are available to those who need that service. Except for those who have paid for multiple logon capability, the server will deny multiple logins under the same user name. A user name is not the same as an email name. User accounts include multiple email addresses, but only one user at a time may access the server regardless of which email address is being used.
4. Resale of Services or Sharing of Account
Without the prior written consent of VCN customers may not transfer, share or in any other way make their account, or any part of or service offered under the account, available to any other person or entity, except family members sharing the same residence. Under no circumstances may an account, or any part of or service associated with an account, be resold, directly or indirectly. Such activity is theft.
5. WARRANTY DISCLAIMER
ALL PRODUCTS AND SERVICES ARE PROVIDED ON AN “AS-IS” BASIS. VCN DOES NOT MAKE, AND HEREBY DISCLAIMS, ANY AND ALL OTHER STATUTORY, EXPRESS AND IMPLIED WARRANTIES, INCLUDING BUT NOT LIMITED TO, WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NONINFRINGEMENT OF THIRD-PARTY INTELLECTUAL PROPERTY RIGHTS, AND ANY WARRANTIES ARISING FROM A COURSE OF DEALING, USAGE, OR TRADE PRACTICE. VCN DOES NOT WARRANT THAT ITS SERVICES WILL PERFORM AT A PARTICULAR SPEED, OR WILL BE UNINTERRUPTED, ERROR-FREE, OR COMPLETELY SECURE.
6. Customer Files
VCN is not responsible for back up of any customer files or other information. VCN reserves the right to delete any customer information residing on its servers once an account has been canceled or terminated.
NOTE: VCN purges email on our servers older than 90 days on a weekly basis. You are responsible for downloading email to your computer for retention purposes.
7. Idle Timeout
While your computer or network is connected to our server a timer counts the amount of time that you are not transmitting or receiving data across your modem. When the counter reaches eighteen hundred seconds the server will automatically disconnect you from our network. As long as you are either transmitting or receiving data that timer will stay at zero.
8. Lawful Purpose and Use
The VCN network may only be used for lawful purposes. Customers are prohibited from using the VCN network to transmit material that is illegal, proprietary, obscene, criminal or in some fashion inconsistent with the generally accepted standards of the Internet community. Customers found in violation will have their service terminated and may be turned over to the proper authorities.
9. Bulk E-mail Prohibited
Customers found to be using the VCN network for the distribution or transmission of unsolicited bulk e-mail will have their service terminated.
10. Usenet Abuse Prohibited
Customers found to be using the VCN network for the posting of messages or commercial advertisements, which violate any rules or regulations of any newsgroup or mailing list will have their service terminated and may be turned over to the proper authorities.
11. Other Unacceptable Conduct
The following acts by customers are unacceptable
12. Responsibility for Content
Your connection to the Internet is private and as a result we cannot always control the nature of the material that you may encounter at some point. The Internet is made up of electronic virtual communities, which do not censor the content delivered and/or communicated through their forums. With the use of your account on the Internet you will at some time or another be exposed to “Free Speech” that you may find offensive. “Free Speech” may include sexually explicit pictures and/or documents, pro-religious or anti-religious debate, racially offensive speech, and many other possibly graphic and/or offensive documents, pictures, etc. VCN expressly disclaims liability for any harm resulting from encountering such or similar material. VCN reserves the right pull down any website found on our network which, in our judgment, is inappropriate. The owner of the site will be notified of such an action.
13. Acceptable Use of Other Networks
It is expected that VCN users will comply with the Acceptable Use Policies of any other network accessed through VCN. Any customer who interferes with another users enjoyment and use of the services provided by VCN will be in violation of this Acceptable Use Policy. Violators will have their service terminated and may be turned over to the proper authorities.
14. Violations of Terms or Conditions
VCN is a private company, not required to offer or provide services. Accordingly, VCN is solely responsible for determining if a violation of the Acceptable Use Policy has occurred. VCN reserves the right to review or censor materials and information, transmitted through our network. Abuse of the Acceptable Use Policy, could result in suspension or termination of service without notice. VCN reserves the right to interpret this Acceptable Use Policy in its sole discretion and to amend, revise, add or delete any provision of this Acceptable Use Policy without prior notice to the customer.
15. Billed Accounts
Customers who contract for VCN services and elect to be billed later are required to tender payment personally or by mail at the VCN offices in Gillette, Wyoming within seven days of signup. If payment is not timely received the account will be deactivated until payment is received.
16. Use of a Credit Card
As a convenience to our customers VCN offers the ability to charge any service fees directly to a credit card without you having to be present. It is understood that by giving us your credit card information in person, over the phone, through the use of our “on-line” signup or through the use of our CD you are giving us permission to post fees directly to your credit card even though you may not be present at the time of the transaction. When you use a credit card to pay for Internet service it is assumed that you wish to have our services charged to your account monthly. If that is not your intent you should contact our billing office firstname.lastname@example.org or call toll free 1-888-682-1884
Cancellations of accounts made after the 5th of the month will be charged for the full month. You have contracted for Internet access; non-use of your account will not release you from liability for charges. If you wish to avoid future charges you must cancel your account. All requests for canceling accounts must be made in writing (sent to Visionary Communications, Inc., 1001 S Douglas Highway, Gillette, WY 82716) or email sent to email@example.com.
18. Visionary IP Addresses
VCN retains ownership of all IP addresses issued to customers for the provisioning of VCN service.
19. Termination and Default
VCN at its sole discretion may terminate or refuse service to any customer. If: (1). Customer fails to pay any amount within 31 days after written or electronic notice that the same is delinquent; (2). Customer breaches any of the terms, conditions, obligations or representations contained in these Terms; or (3). Customer shall be in default under any other agreement with VCN; (4). Customer becomes the subject of a voluntary or involuntary bankruptcy, insolvency, reorganization, or liquidation proceeding, makes and assignment for the benefit of creditors, or admits in writing its inability to pay debts when due, or (5). Customer’s equipment or use of our service interferes with our network or any other customer. In the event of a default by customer as specified in this section, VCN may retain all payments made hereunder. In addition, if VCN reasonably determines that the continuation of the services has become impractical or unfeasible for any technical, legal, regulatory or other reason, VCN may terminate the services at any time and, in such event, make a prorated refund of payment. VCN will, in such event, attempt to provide Customer with as much prior notice of such termination as is reasonable practical.
20. Monitoring and Privacy
VCN will not provide outside parties with information deemed private, including billing info, username, password and contact information. The exception to this policy is the provision of contact information to telephone companies for the purpose of confirming and provisioning DSL and similar services, in which case Letter of Agency will be obtained from our customer. VCN reserves the right to release private information to law enforcement when deemed appropriate.
21. Sharing of Information
(added 4/22/05) It is Visionary’s internal policy to refrain from sharing any customer information for the purposes of marketing of services other than Visionary’s. Visionary will not engage in the selling of customer information to third parties, or allow information to pass to third parties unless it pertains to compliance of law or criminal subpoena request. Visionary will not respond to civil subpoena requests unless directed by a Court of Law.
22. Regulatory Compliance Fee
A Regulatory Compliance Fee is a part of each invoice for our Internet service. This fee helps us to offset costs with quarterly and annual FCC filings, CALEA, and other compliance fees. The fee is 3.1%.
23. Taxes and Fee Definitions
State, City and County Sales Tax: Depending on the tax laws of each jurisdiction sales tax may be collected on the sale, lease, installation and repair of tangible goods. Each jurisdiction dictates the percentage of gross sales that is charged as sales tax.
State, City and County VOIP Sales Tax: These taxes are assessed to partially reimburse telephone service providers to pay for the cost of routing long distance calls across state lines. This tax is assessed to all accounts even if long distance calls are not placed. Visionary Broadband uses the Safe Harbor percentage of 64.9% of all Voice charges plus state, city and county sales tax
Federal Universal Service Fund (FUSF): A monthly fee on interstate telecommunications data and voice services, regulated and mandated by the FCC and reviewed quarterly. Visionary submits customer FUSF payments to the Federal Universal Service Fund. FUSF fees are not a tax, but a fee paid into the Fund to assist schools, libraries and hospitals to assist in their telecommunications expense. The Universal Service Administrative Company (USAC) administers the Federal Universal Service Fund on behalf of the FCC.
Federal Universal Service Fund VOIP Fees (USF Voice Fee): A monthly fee on services crossing state lines, regulated by the FCC and reviewed quarterly. This is paid directly to the Federal Universal Service Fund to help keep local telephone rates affordable for all customers and gives a discount to our schools and libraries. Visionary Broadband used the Safe Harbor rule of 64.9% of all gross voice charges for the FCC fee, set quarterly. This is not a tax; it is a fee mandated by the FCC.
Voice Port Fee: Federal Law requires all local phone companies to allow the customer to retain their phone number when switching phone service to another provider. This fee allows the provider to recover the cost of associated with managing the porting process.
24. VoIP Disclaimer
Please refer to the VoIP Disclaimer page.
25. Managed Router Conditions
Please refer to the Managed Router page.
26. DMCA Notice
Please refer to the DMCA Notice page.