High-Speed Plans

General

A. PLD’s Obligations

1. For a fee, install in a workmanlike manner, and in locations mutually acceptable to PLD and You, certain equipment and materials to provide Services to You. You may be required to procure certain additional equipment in order to receive Services.

2. Maintain PLD equipment in accordance with reasonable industry standards so as to minimize service interruptions or degradation of Service. You will be required to maintain and repair Your own equipment.

3. PLD provides maintenance Service, provided that you subscribe to such Service at your request and upon payment of PLD’s appropriate charges. Otherwise, PLD shall have no responsibility for the maintenance of Your Internal Wiring.

B. Your Obligations

1. Pay all installation, service or other charges on receipt of PLD’s bill. Charges are according to PLD’s rate schedule. Monthly service rates may be subject to additional local franchise fees, taxes or other charges. If you or PLD terminate Service, PLD may transfer outstanding balances for Service provided under this Agreement to other accounts that You have with PLD. Any partial payments will be credited first to the local services portion of your bill.

2. If You fail to make timely payment, PLD may terminate Service, remove PLD equipment and impose late fees. You agree that PLD may charge interest on any uncollected account and You agree to pay all collection costs including attorney’s fees. Venue for all accounts due PLD shall rest in Kingfisher County, Oklahoma, and all transactions and business between the undersigned and PLD shall take place and originate at the home office in Kingfisher.

3. Provide PLD’s employees and representatives with a safe working environment.

4. Allow PLD reasonable access into Your premises to install, bury, demonstrate, inspect, maintain, upgrade (if any), repair, and remove PLD equipment in Your premises, and/or if PLD determines it necessary, PLD shall have the right but not the obligation to inspect or upgrade any of Your equipment that is used to receive Services. If You are not home at the time of a service call, You hereby authorize any other resident or guest at Your residence to grant PLD access to Your premises.

5. Not to assign or transfer this Agreement, or any rights or obligations hereunder. Any attempted assignment or transfer by You is a breach of this Agreement.

6. If You do not own Your premises: (i) You represent that You have obtained necessary permission and authority from the owner to install PLD’s equipment at the premises (including, without limitation, equipment attached to the outside of the premises); and (ii) You will indemnify PLD from any and all claims of the owner of the premises in connection with the installation and provision of the Services by PLD.

7. Comply with all present and future rules of Service of PLD/PTC.

8. You understand that transfer, reproduction, distribution or re-distribution of information, software or other material protected by copyright or other proprietary right, without obtaining permission of the copyright owner or rightholder, is prohibited.

C. Equipment: PLD shall have the unrestricted right, but not the obligation, and You hereby grant permission to PLD to install, update or upgrade the software in any non-PLD provided equipment that you are using to receive or use the Services. With respect to PLD equipment on your premises, You agree:

1. To use the equipment only for the purpose of receiving Service ordered from PLD and for no other purpose.

2. To prevent any connections to the equipment which are not expressly authorized in writing by PLD.

3. To prevent tampering, altering or repair of the equipment by any person other than PLD’s authorized personnel.

4. To assume complete responsibility or improper use, damage or loss of such equipment regardless of cause.

5. To promptly return the equipment to PLD in good condition ordinary wear and tear resulting from proper use excepted, immediately upon discontinuance of Service by PLD or You, or at PLD’s request. The equipment is and shall remain the property of PLD at all times. You may not sell, resell, or transfer the equipment to any third party at any time. This subsection 5 shall survive the termination or expiration of this Agreement.

6. YOU HAVE PERSONALLY INSPECTED THE EQUIPMENT TO BE INSTALLED IN YOUR HOME BY THE PLD REPRESENTATIVE AND AGREE THERE IS NO VISIBLE DAMAGE TO THE EQUIPMENT AND IT IS IN GOOD WORKING CONDITION.

D. LIMITATION OF WARRANTIES AND LIABILITY: PLD, IT’S PARENTS, AFFILIATES, SUBSIDIARIES, AGENTS, EMPLOYEES, REPRESENTATIVES, SUCCESSORS AND ASSIGNS (COLLECTIVELY AND INDIVIDUALLY, “PLD”) MAKES NO WARRANTIES, EXPRESSED OR IMPLIED, INCLUDING, WITHOUT LIMITATION, ANY WARRANTY OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE, AS TO THE EQUIPMENT FURNISHED TO YOU AND ASSUMES NO RESPONSIBILITY FOR ITS CONDITION. PLD SHALL NOT BE LIABLE FOR DAMAGES FOR FAILURE TO FURNISH, OR THE DEGRADATION OR INTERRUPTION OF, ANY SERVICES, FOR FAILURE TO TRANSMIT OR ERRORS IN SIGNAL TRANSMISSION, LOST DATA, HDTV, LCD OR OTHER TV SCREEN BURN-IN, UNEVEN TV SCREEN WEAR, STUCK PIXELS, PHOSPHOR BURN, FILES OR SOFTWARE DAMAGE, REGARDLESS OF CAUSE. PLD SHALL NOT BE LIABLE FOR DAMAGE TO PROPERTY OR FOR INJURY TO ANY PERSON ARISING FROM THE INSTALLATION, MAINTENANCE OR REMOVAL OF EQUIPMENT, SOFTWARE, WIRING OR THE PROVISION OF SERVICES. YOU HEREBY INDEMNIFY AND HOLD HARMLESS PLD FROM ANY CLAIMS, ACTIONS, PROCEEDINGS, DAMAGES AND LIABILITIES, INCLUDING ATTORNEYS’ FEES, ARISING OUT OF (I) SUCH DAMAGE OR INJURY, (II) ANY CONTENT OR SOFTWARE DISPLAYED, DISTRIBUTED OR OTHERWISE DISSEMINATED BY YOU, OR USERS OF THE SERVICES, (III) ANY CLAIM THAT YOUR USE OF THE SERVICE, INCLUDING THE REGISTRATION AND MAINTENANCE OF ANY DOMAIN NAME SELECTED BY YOU INFRINGES ON THE PATENT, COPYRIGHT, TRADEMARK OR OTHER INTELLECTUAL PROPERTY RIGHT OF ANY THIRD PARTY, (IV) ANY BREACH OR ALLEGED BREACH BY YOU OF THIS AGREEMENT. UNDER NO CIRCUMSTANCES WILL PLD BE LIABLE FOR ANY INCIDENTAL, INDIRECT, PUNITIVE, SPECIAL OR CONSEQUENTIAL DAMAGES. PLD’S MAXIMUM TOTAL LIABILITY TO YOU ARISING UNDER THIS AGREEMENT SHALL BE LIMITED TO THE AMOUNT ACTUALLY PAID BY YOU FOR THREE CONSECUTIVE MONTHS UNDER THIS AGREEMENT.

E. Breach of Agreement: If You breach this Agreement, or any other policy, agreement, or rule of PTC & PLD or any state or federal regulation, PLD shall have the right to terminate this Agreement and enter Your premises to remove it’s equipment. PLD’s failure to require Your strict performance of any term or condition of this Agreement shall not be construed as a waiver of PLD’s right to require strict performance of the same or any other term or condition in this Agreement.

F. Entire Agreement: This Agreement, together with the obligations of your membership in PTC, constitutes the entire agreement between PLD and You for the Services and equipment described in this Agreement. The invalidity or unenforceability of any term or condition of this Agreement shall not affect the validity or enforceability of any other provision. No statement, representation or warranty made by any agent or representative of PLD regarding the Service or equipment to be provided or the rates therefor shall be binding upon PLD unless expressly included herein.

G. PLD Representatives Identification: PLD representatives carry identification.

H. THEFT OF SERVICE: THEFT OF SERVICE IS A VIOLATION OF FEDERAL AND STATE LAW. Displaying it commercially is an unauthorized use that is prohibited by this Agreement and by law. You may not rebroadcast, transmit, record for rebroadcast, perform, or charge admission to view or listen to any of the programming made available by the Services.

I. Assignment: PLD may assign this Agreement and Service may be provided by one or more PLD affiliates.

Video

A. You assume complete responsibility for improper use, damage or loss of any converters, remote controls, PVRs, HDTV set-top boxes, modems or other equipment furnished by PLD.

B. Unless You have PLD’s express written consent, You agree not to tamper with Your equipment or PLD’s equipment, or install or use any filter, field test generators, descramblers, or any other device or software, if such act(s) might interfere, directly or indirectly, with PLD’s ability to: disconnect, connect, downgrade, or upgrade Services; bill You or retrieve information necessary to bill You for Services; or, determine what Services You are receiving or have received.

C. Pursuant to the rules of the Federal Communications Commission, PLD is responsible for any excessive signal leakage while providing Service over the system. Should such excessive leakage originate from Your Internal Wiring, PLD’s sole obligation shall be to terminate Service to You until the leakage has been corrected.

D. You acknowledge that PLD reserves the right at any time and in it’s sole discretion to change it’s channel lineup and/or to pre-empt specific programs or parts of programs previously advertised as available to You. PLD also reserves the right to alter it’s fee structure upon notice to You. You may immediately terminate service upon notice to PLD subject to early termination charges, if applicable.

Internet

A. Overage hours, when applicable, shall be computed and billed to You in arrears. You may not be logged in more than once per account (for regular account). In the event that You do, Your account will be suspended and You will have to call us to reactivate it. You will be double billed for double logins. PLD’s service, including dial-up and broadband access, is limited to You only, is non-transferable and may not be re-sold. The login ID, password and e-mail address is assigned exclusively to You. Providing Your login ID and/or password to unauthorized persons is a violation of these Terms and Conditions. PLD assumes no responsibility for access to Your account by unauthorized persons.

B. PLD does not warrant that it’s service will be uninterrupted or error free nor does it warrant any information, software or other material accessible is free of “viruses”, corruptions or other harmful components. PLD, it’s employees, it’s affiliates and it’s contractors shall be held harmless for any lost profits or direct, indirect, incidental, special punitive or consequential damages resulting from reliance upon the use of PLD’s software or PLD’s services.

C. You understand that the Internet contains unedited materials, some of which may be considered offensive to You. You access such materials at Your own risk. PLD neither asserts control of nor assumes any responsibility for Your access to any such materials.

D. PLD acknowledges Your privacy with respect to electronic-mail (e-mail) transmissions. You acknowledge, however, that PLD retains the right both to monitor it’s services electronically from time to time to assure compliance with these Terms and Conditions and to disclose any information necessary to comply with any law or regulation. In the event You violate these Terms and Conditions, PLD reserves the right to suspend or discontinue access to all or part of it’s service, without notice.

E. pldi.net user accounts are for individual users and the account holder therefor agrees not to share the password of the account. The account holder acknowledges that pldi.net may terminate the account after appropriate notification if the account holder does not comply.

F. Personal dial-up unmetered accounts and broadband accounts are for the unmetered usage of ONE person only, with reasonable unmetered use. Reasonable unmetered use is defined as: one person sitting at a computer using the service for a period of up to eight hours per session. Reasonable unmetered use does NOT include leaving systems idle for excessive periods of time, leaving systems on line for other’s use as file servers, etc. pldi.net reserves the right to disconnect You if the reasonable use time periods have been exceeded. pldi.net user web pages are for personal use only. They may not be used for the advertising or promotion of a product, goods, service, or company.

G. Any use of pldi.net resources that disrupts the normal use of the system for the users is deemed unacceptable. Such unacceptable uses include, but are not limited to, the following:

• Using pldi.net for illegal purposes.
• Using pldi.net to transmit threatening, obscene or harassing materials.
• Using pldi.net to interfere with or to disrupt network user, services or equipment. Disruptions include, but are not limited to, distribution of unsolicited advertising, propagation of computer viruses or worms, and using the network to make unauthorized entry to any other machine accessible via the network.
• Using pldi.net to post a single article or advertisement to more than ten (10) Usenet or other newsgroups, forums, e-mail mailing lists or other similar groups or lists; to post to any Usenet or other newsgroup, forum, e-mailing list or other similar group or list articles which are off-topic according to the charter or other owner-published FAQ or description of the group or list; or to send unsolicited mass e-mailing to more than twenty-five (25) e-mail users, if such unsolicited mass e-mailing provokes complaints from recipients.
• Using pldi.net to transmit any material in violation of any U.S., state, or local regulation which may include but is not limited to copyrighted material, threatening, obscene, libelous, or defamatory material, or material protected by trade secret.

This document is intended to provide a general understanding of Pioneer Internet Acceptable Use Policy. Protection of our Customers and our resources, the ability to provide quality service to our Customers, conformance with existing laws, and protection of our reputation as a responsible service provider are all contributing factors to decisions on Acceptable Use Policy violations.

• It is our intention to allow Pioneer Internet Customers access to everything the Internet has to offer with minimal or no interference. Our belief in Free Speech is a firm commitment to our Customers. However, certain activities are considered inappropriate by the Internet community at large and cannot be permitted under the guise of Free Speech.
• We do not monitor the activity of accounts except for measurements of system utilization and billing records. However, in our efforts to promote good citizenship within the Internet community, if we become aware of inappropriate use of our service, we will respond appropriately.
• If a Pioneer Internet account is used to violate the Acceptable Use Policy, we reserve the right to terminate the service without notice. Our preferred course of action is to advise the Customer of the inappropriate behavior and any corrective action that is necessary. However, flagrant violations of the Acceptable Use Policy will result in immediate termination of service. Our failure to enforce this policy, for whatever reason, shall not be construed as a waiver of our right to do so at any time.
• As a member of our network community, we encourage you to use your Internet access responsibly. Should you have any questions regarding this policy, feel free to contact us at staff@pldi.net.
• Reports of activity in violation of this policy should be sent via e-mail to abuse@pldi.net.

Your Pioneer Internet account gives you access to thousands of USENET newsgroups. These newsgroups allow you to read and post messages on a variety of topics. USENET newsgroups may be moderated or unmoderated. Newsgroups may also have a charter or a FAQ that describes what posts are appropriate. Misuse of USENET may result in the termination of your service.

• Pioneer Internet provides an uncensored newsfeed. As such, Pioneer Internet does not control the content of the newsgroups available to you. Pioneer Internet believes that decisions about which newsgroups and messages to read are best left to its customers. Screening software is available from third parties, and it is your responsibility to use such tools if desired. Pioneer Internet is not responsible for the content of any USENET posting, whether or not the posting was made by a Pioneer Internet Customer.
• Postings to USENET newsgroups must comply with the written charters or FAQ's for those newsgroups. Advertisements, solicitations, or other commercial postings should only be posted in those newsgroups whose charters/FAQ's explicitly permit them. You are responsible for determining the policies of a given newsgroup prior to posting to it. If you are unable to find a newsgroup's policy regarding commercial posts, you must assume that such postings are not welcome.
• You may not post or cross-post the same or substantially similar message to more than 10 newsgroups. Continued cross-posting can result in termination of service and the removal of the articles from the newsgroups.
• You are prohibited from posting binary files to newsgroups not specifically named for that purpose.
• You are prohibited from posting messages promoting pyramid schemes, "Make Money Fast" (MMF) schemes, chain letters, or other schemes to USENET newsgroups. Doing so will result in immediate termination of service.
• You are prohibited from forging or removing header information. This includes attempting to circumvent the approval process for posting to a moderated newsgroup.
• You may not solicit mail for any address other than your Pioneer Internet Service account or service where doing so manifests an intent to harass others.
• You may not post USENET messages for the purpose of threatening, harassing or intimidating other USENET newsgroup users.
• You may not post messages which infringe on personal or property rights of others (e.g., privacy rights, copyrights).
• You may not cancel posts other than your own, with the exception of official newsgroup moderators performing their duties.

Pioneer Internet does not censor or control content posted to a USENET newsgroup. As a user of our service, you are solely responsible for the content that you publish. Pioneer Internet, upon receiving notification that certain postings violate this policy, or any state or federal law, or infringe on the Trademark or Copyrights of another, reserves the right to remove posts from our news server and to terminate your Internet Account.

Your password provides access to your individual account. It is your responsibility to keep your password secure. Sharing your password and account access with others is prohibited. Attempting to obtain another user's account password is strictly prohibited, and may result in termination of service.

• You may not attempt to circumvent user authentication or security of any host, network or account ("cracking"). This includes, but is not limited to, accessing data not intended for you, logging into or making use of a server or account you are not expressly authorized to access, or probing the security of other networks. Use or distribution of tools designed for compromising security is prohibited. Examples of these tools include, but are not limited to, password guessing programs, cracking tools or network probing tools.
• You may not attempt to interfere with service to any user, host, or network ("denial of service attacks"). This includes, but is not limited to, "flooding" of networks, deliberate attempts to overload a service, and attempts to "crash" a host.
• Users who violate systems or network security may incur criminal or civil liability. Pioneer Internet will cooperate fully with investigations of violations of systems or network security at other sites, including cooperating with law enforcement authorities in the investigation of suspected criminal violations.

Your account with Pioneer Internet includes the ability to send and receive electronic mail. Misuse of electronic mail may result in termination of service. The following examples are non-exclusive and are provided for guidance to Customers.

• Use of your electronic mail account to send unsolicited bulk or commercial messages is prohibited. This includes, but is not limited to, bulk-mailing of commercial advertising, informational announcements, charity requests, petitions for signatures, and political or religious tracts. Such material may only be sent to those who have explicitly requested it.
• Using a Pioneer Internet address to collect responses from unsolicited bulk or commercial e-mail is prohibited.
• Sending mass unsolicited mail or deliberately sending very large messages or files to one or more recipients ("mail bombing") is prohibited.
• Forging or removing electronic mail headers is prohibited.
• Use of electronic mail to harass or intimidate other users is prohibited. Harassment, whether through language, frequency of messages, or size of messages, is prohibited. Sending a single unwelcome message may be considered harassment. If a recipient asks to stop receiving email, you must not send that person any further messages.
• You may not forward or otherwise propagate chain letters, whether or not such messages solicit money or other items of value, and whether or not the recipient wishes to receive such mailings.
• Pioneer Internet accounts may not be used to collect replies to messages sent from another Internet Service Provider, where those messages violate this Acceptable Use Policy or the Acceptable Use Policy of the other ISP.

Pioneer Internet reserves sole discretion to determine whether any customer's use of the service interferes with other customer's use and enjoyment of the services.

• The sending of excessive amounts of email or excessively large files which, in Pioneer Internet sole opinion, negatively affects the performance of the network or any server on the network may result in deletion of the offending message or file, and may result in the termination of services.
• You may not provide network services from any any account that provides a dynamic IP assignment. For example, you may not use your dial up or basic DSL account to operate as a server of any type. I.e. web server, mail server, ftp server, game server, etc.
• Pioneer Internet accounts operate on shared resources. You are prohibited from excessive consumption of resources, including CPU time, memory, disk space and session time. You may not use resource-intensive programs which negatively impact other customers or the performance of Pioneer Internet systems or networks. Pioneer Internet reserves the right to terminate or limit such activities.
• Pioneer Internet reserves the right to manage its network for the greatest benefit of the greatest number of subscribers including, without limitation, the following: rate limiting, rejection or removal of "spam" or otherwise unsolicited bulk email, traffic prioritization, and protocol filtering.
• Pioneer Internet reserves the right to delete messages or files which have remained on its servers for excessive periods of time as determined by Pioneer Internet, in its sole discretion. Each Customer account will be provided 2 megabytes of storage for email. If your account exceeds the 2 megabytes of space, all messages over 90 days old will be deleted.
• You may not employ automated electronic or mechanical processes designed to defeat network inactivity time-outs. Such tools include, but are not limited to, use of an auto-dialer and repetitive pinging the host.

Your account with Pioneer Internet provides the option to purchase personal home page space. Pioneer Internet will not routinely monitor the contents of your personal web page.

You are solely responsible for any information contained on your personal home page. However, if complaints are received regarding language, content or graphics contained on your personal home page, Pioneer Internet may, at its sole discretion, remove the personal home page and terminate your personal home page service.

You may not use your personal home page space to publish material which Pioneer Internet determines, at its sole discretion, to be unlawful, indecent or objectionable. For purposes of this policy, "material" refers to all forms of communications including narrative descriptions, graphics (including photographs, illustrations, images, drawings, logos), executable programs, video recordings, and audio recordings.

Unlawful content is that which violates any law, statute, treaty, regulation, or lawful order. This includes, but is not limited to: obscene material; defamatory, fraudulent or deceptive statements; threatening, intimidating or harassing statements, or material which violates the privacy rights or property rights of others (e.g., Copyright or Trademarks).

Indecent content is that which depicts sexual or excretory activities in a patently offensive matter as measured by contemporary community standards.

Objectionable content is otherwise legal content with which Pioneer Internet concludes, in its sole discretion, it does not want to be associated in order to protect its reputation and brand image, or to protect its employees, shareholders and affiliates.

Examples of prohibited personal home page content:

• Materials which depict or describe scantily-clad and lewdly depicted male and/or female forms or body parts, and which lack serious literary, artistic, political or scientific value.
• Materials which suggest or depict obscene, indecent, vulgar, lewd or erotic behavior, and which lack serious literary, artistic, political or scientific value.
• Materials which hold Pioneer Internet (including its affiliates, employees or members) up to public scorn or ridicule, or which unreasonably criticize the company, its employees or its products.
• Materials which encourages the commission of a crime; or which tends to incite violence; or which tends to degrade any person or group based on sex, nationality, religion, color, age, marital status, sexual orientation, disability or political affiliation.

Third Party Internet Relay Chat (IRC)

• Although Pioneer Internet does not offer IRC software or technical support to access third party IRC servers, you may not use IRC scripts or programs that interfere with or deny service to other users on any other server or host. You also may not engage in activities which harass other users. This includes, but is not limited to, "flooding" (rapidly entering text with the intent to disrupt service), "flashing" (disrupting terminal emulation), "takeovers" (improper seizing and abuse of operator privileges), attempting to send private messages to those who do not wish to receive them, attempting to return to a channel after being banned from it, and other disruptive behaviors. You may run clones (multiple simultaneous IRC connections) and robots only as permitted by the host IRC server.

Any activity on Pioneer Internet network that is a violation of any state or federal law is a violation of this policy and will result in immediate termination of service. Prohibited activities include, but are not limited to:

• transmitting obscene materials; intentionally spreading or threatening to spread computer viruses; gaining or attempting to gain unauthorized access to private networks including Pioneer Internet private network infrastructure; accessing or attempting to access information not intended for the Customer; engaging in the transmission of pirated software; and, conducting or participating in illegal gambling, soliciting for illegal pyramid and other schemes through electronic mail or USENET postings.

Non-discrimination Notice

Pioneer Long Distance, Inc. follows the 2005 FCC Broadband Policy which encourages broadband deployment of the public Internet by ensuring that consumers are entitled to (1) access the lawful Internet content of their choice, (2) run applications and use services of their choice, subject to the needs of law enforcement, (3) connect their choice of legal devices that do no harm to the network, and (4) competition among (a) network, (b) application and service and (c) content providers.

Pioneer Long Distance, Inc.’s lines and equipment are provided for use without discriminating on the public Internet content being delivered. Pioneer Long Distance, Inc. will provide a broadband network free from restriction on (1) content, (2) access to websites, (3) platforms, (4) the kinds of attached equipment, and (5) the modes of communication allowed while maintaining high quality network performance.

Network management policies are conspicuously posted on Pioneer Long Distance, Inc.’s web page. Should any changes to these policies arise because of regulatory, business, or other reasons, customers will be notified in their billing statements and on Pioneer Long Distance, Inc.’s web page with details of the changes.

Pioneer Long Distance, Inc. will provide connectivity to the public Internet directly or indirectly at reasonable rates and terms for the subscribers. Additionally, no part of this project is considered a closed network.

Pioneer Long Distance, Inc. reserves the right to manage its network to promote the use and enjoyment of the Internet for all customers. High speed bandwidth and other network resources are not unlimited and the speed of delivery of content to all users may be slowed during times of congestion. During these times, Pioneer Long Distance, Inc. will use reasonable network management practices that are consistent with industry standards and are minimally intrusive. Pioneer Long Distance, Inc. reserves the right to change its network management practices to address issues, as the internet continues to grow and evolve.