TABLE OF CONTENTS
ACCEPTABLE USE POLICY
Clay County Rural Telephone Cooperative, Inc., DBA Endeavor Communications (“Endeavor”) has published this acceptable use policy (“AUP”) in an effort to enhance the use of the Internet in general by promoting responsible use of the Internet, Endeavor’s Internet Service, and Endeavor’s website, currently found at WeEndeavor.com or any other website maintained by Endeavor or its affiliates in the future (“Site”). In that regard, Endeavor requires its customers and other third-party users (collectively, its “Users”) to utilize Endeavor’s Internet Services, Endeavor’s network, facilities, equipment, wires, and cables (“Endeavor Network”), and Site responsibly and in compliance with all applicable laws. Users use of Endeavor’s Internet Service, Endeavor’s Network, or Site is also subject to any applicable service order, service agreement, the terms of this AUP, its Digital Millennium Copyright Policy (“DMCA Policy”) and other policies and restrictions Endeavor may post on the Site from time-to-time. This AUP as well as other policies and restrictions posted by Endeavor on the Site supplements rather than supersedes any and all services orders and/or agreements between a User and Endeavor with respect to the use of Endeavor’s Internet Service, Endeavor’s Network, or Site by such User. Use by a User of Endeavor’s Internet Service, Endeavor’s Network, or Site constitutes acceptance by such User of the terms of this AUP and any other policies or restrictions that Endeavor may post on its Site from time-to-time. Endeavor reserves the right to deny service to any user for any reason.
Endeavor’s Internet Services, Endeavor’s Network or Site may only be used for lawful purposes. Transmission of any material in violation of any federal, state, or local law is strictly prohibited. This may include, but is not limited to, copyrighted material, obscene material, or material protected by trade secrets. Please refer to Endeavor’s separate DMCA Policy, which describes its notice and takedown procedures for alleged copyright infringement. You agree to indemnify and hold harmless Endeavor from any claims resulting from your use of this service.
System and Network Security
Users are provided one publicly routed IP address with Endeavor’s Internet Services and may not use Endeavor’s Network, or Site to violate or to attempt to violate the security of any network, service, data, or other system without proper authorization,
including, without limitation, (i) any attempt to access any network, service, data, or other system that such User is not authorized to access; (ii) any attempt to probe, scan, or test the vulnerability of any network, service or system without proper authorization; (iii) any attempt to breach any security or authentication measures; (iv) any attempt to monitor data or traffic on any network or system without proper authorization; (v) any attempt to interfere with service to any User, host, or network, including, without limitation, by means of overloading, mail bombing, flooding, crushing, or any denial of service attacks; (vi) any attempt to forge any TCP/IP packet header or any part of the header information in an e-mail message or a newsgroup posting; or (vii) any attempt to utilize another User’s account name without proper authorization.
Users may not use Endeavor’s Internet Services, Endeavor’s Network, or Site to transmit any unsolicited commercial or unsolicited bulk e-mail messages (commonly known as “spam”). For purposes of this AUP, an e-mail message shall be deemed to be unsolicited if (i) it is sent to a recipient (a) who has not expressly requested or invited it, (b) with whom the sender does not have an existing personal or business relationship, or (c) who has requested that the sender not send it any further e-mail messages or (ii) such e-mail message is considered to be unsolicited under any applicable local, state, or federal law or regulation.
Internet Access Resale
The resale, sharing, extension, redistribution or retransmission of Endeavor’s Internet access services via wired or wireless networks outside the customer’s premises is strictly prohibited. Customers engaged in a commercial enterprise may only share, extend, redistribute, or retransmit Internet access services to other entities located within the customer’s premises with Endeavor’s express permission.
All postings to Usenet groups must comply with such group’s charter, rule, guidelines, and agreements (collectively, “Usenet Policies”). In addition to any such Usenet Policies, Users may not use Endeavor’s Internet Services, Endeavor’s Network, or Site to post the same or similar messages to multiple Usenet groups (commonly known as “Usenet spam” or “cross-posting”).
In order to ensure server stability and uptime of the mail server, the following limits shall apply to all Users of Endeavor’s e-mail service: (i) maximum size of attachments: 100 MB (incoming and outgoing) and (ii) maximum mailbox size: 16 Gig residential (total).
Messages that exceed the above limit shall be rejected, and mailboxes that exceed the above limit shall not be able to receive further incoming mail. Mailboxes that have been unchecked for 6 months will automatically be deleted from the server.
If Endeavor determines that a User has violated any of the terms of this AUP or any other policies or restrictions posted on its Site, Endeavor shall have the right in its sole discretion (i) to demand immediate removal of the violating material and/or (ii) to terminate or to suspend such User’s services and/or use of Endeavor’s Network or Site without notice to Users. Endeavor may involve and shall cooperate with law enforcement authorities if criminal activity is suspected. In addition, Users who violate this AUP or any other policies or restrictions posted on its Site may be subject to civil or criminal liability. Endeavor shall not be liable for any damages suffered by any User or third party resulting directly or indirectly from any actions taken by Endeavor pursuant to this AUP.
Violations or potential violations of this AUP or any other policies or restrictions posted on its Site may be reported to Endeavor at abuse@weEndeavor.com . Endeavor’s agent for purposes of reporting copyright infringement can be found in Endeavor’s DMCA Policy.
Endeavor reserves the right based upon its sole and absolute discretion to modify this AUP as well as any other policies or restrictions from time to time without prior notice to Users. Such modifications shall be effective upon date of posting such modification.
No Third-Party Beneficiaries
You agree that, except as otherwise expressly provided in this AUP, there shall be no third-party beneficiaries to this agreement.
The entire contents of this Site are protected by the United States copyright laws. Clay County Rural Telephone Cooperative, Inc., DBA Endeavor Communications (“Endeavor”), is the owner of the copyright. Endeavor authorizes you to view and to use the materials at this Site only for your personal, non-commercial use. You may not modify the materials at this Site in any way or reproduce or publicly display, perform, distribute, or otherwise use the materials for any public or commercial purpose. For the purposes of these Terms, any use of these materials on any other web site or networked computer environment for any purpose is prohibited.
You acknowledge and agree that all content and materials available on this Site are protected by copyrights, trademarks, service marks, patents, trade secrets, or other proprietary rights and laws and specifically that the names, logos, and taglines identifying “Endeavor” and its products and services, are the proprietary marks of Clay County Rural Telephone Cooperative, Inc. You agree not to sell, license, edit, distribute, modify, copy, or reproduce content or material available on this Site. Notwithstanding the above, you may print or download one copy of the materials or content on this Site for your personal, non commercial use, provided you keep intact all copyright and other proprietary notices including those maintained on this Site.
Material submitted to Endeavor
Links to other web sites
Links to third party web sites on this Site are provided solely as a convenience to you. If you use these links, you will leave this Site. Endeavor has not reviewed all of these third party sites and does not control and is not responsible for any of these sites or their content. Endeavor does not endorse or make any representations about these third party sites, or any advertising, information, software, or other products or materials found there, or any results that may be obtained from using them. If you decide to access any of the third party sites linked to this Site, you do so entirely at your own risk.
Links to Endeavor’s web site
With permission from Endeavor by sending an e-mail request to marketing@weEndeavor.com, you may create a hypertext link to this Site from your web site provided that the page containing the link properly attributes the linked site to Endeavor. Neither your site nor your link to this Site (a) shall state or imply Endeavor’s sponsorship or endorsement of your site or the products, services, or materials promoted or set forth on your site; (b) shall contain republished, redistributed, or copied materials from this Site, including by framing or other means; or (c) shall misrepresent your relationship with Endeavor or contain any false, misleading, or derogatory information about Endeavor or its products or services.
Content and Disclaimer of Warranties
THE MATERIALS, INFORMATION, SOFTWARE, AND SERVICES PROVIDED INCLUDED IN OR AVAILABLE THROUGH THIS SITE (“CONTENT”) ARE PROVIDED “AS IS” FOR YOUR USE. THE CONTENT IS PROVIDED WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON INFRINGEMENT OF INTELLECTUAL PROPERTY. ENDEAVOR ALSO DOES NOT WARRANT THE ACCURACY, RELIABILITY, OR COMPLETENESS OF THE CONTENT INCLUDED IN OR AVAILABLE THROUGH THIS SITE. THE CONTENT INCLUDED IN OR AVAILABLE THROUGH THIS SITE MAY BE OUT OF DATE AND ENDEAVOR MAKES NO COMMITMENT TO UPDATE THE CONTENT OF THIS SITE. THE CONTENT OF THIS SITE MAY INCLUDE INFORMATION ON PRODUCTS, PROGRAMS, OR SERVICES THAT ARE NOT AVAILABLE IN YOUR AREA. YOUR USE OF THIS SITE IS SOLELY AT YOUR RISK AND ENDEAVOR DOES NOT WARRANT THAT THE CONTENT IS FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS.
Limitation of liability
IN NO EVENT WILL ENDEAVOR, ITS SUPPLIERS, OR OTHER THIRD PARTIES MENTIONED AT THIS SITE BE LIABLE FOR ANY SPECIAL, DIRECT, INDIRECT, INCIDENTAL, PUNITIVE, OR CONSEQUENTIAL DAMAGES, OR FOR ANY LOSS OF BUSINESS OR PROSPECTIVE BUSINESS OPPORTUNITIES, PROFITS, SAVINGS, INFORMATION, USE, OR OTHER COMMERCIAL OR ECONOMIC LOSS ARISING OUT OF THE USE, INABILITY TO USE, OR THE RESULTS OF USE OF THIS SITE, ANY WEB SITES LINKED TO THIS SITE, OR THE MATERIALS, INFORMATION, OR SERVICES CONTAINED AT ANY OR ALL SUCH SITES, REGARDLESS OF THE LEGAL THEORY UNDER WHICH SUCH LIABILITY IS ASSERTED, INCLUDING, WITHOUT LIMITATION, LEGAL THEORIES OF WARRANTY, CONTRACT, TORT, OR STRICT LIABILITY.
You agree to defend, indemnify and hold harmless Endeavor and its subsidiaries and other affiliated companies, and their employees, contractors, officers, and directors from all liabilities, claims, and expenses, including attorney’s fees, that arise from your use or misuse of this Site. Endeavor reserves the right, at its own expense, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you, in which event you will cooperate with Endeavor in asserting any available defense.
Governing law/Dispute resolution
Any claims arising out of the use of this Site shall be resolved by binding arbitration in Indiana in accordance with the then-current rules of the American Arbitration Association. These Terms are made under and will be governed by and construed in accordance with the laws of the State of Indiana, United States of America (other than conflict of law rules).
Endeavor may make revisions to the content included in or available through this Site, or to the products, services, and prices described herein, at any time without notice. By using this Site, you agree to be bound by any such revisions and therefore should visit this Site periodically to determine the then-current Terms by which you are bound.
BILLING AND CANCELLATION POLICY
All customers of Clay County Rural Telephone Cooperative, Inc., DBA Endeavor Communications (“Endeavor”), are subject to this billing and cancellation policy (this “Policy”). Use by a customer of Endeavor’s services or Endeavor’s Network constitutes acceptance by such customer of the terms of this Policy.
All customers are required to provide Endeavor with accurate and complete billing information, including legal name, physical address, telephone number, and, if applicable, automatic payment information (i.e., credit card or ACH). All customers are responsible for reporting to Endeavor any changes in such billing information within 30 days of such change.
Invoices for services are mailed at the start of each service period. Customers shall be invoiced and charged monthly for standard service charges plus any additional usage or service charges, including, without limitation, toll-free usage charges. All customers are responsible for monthly payment of invoices regardless of whether such invoices were actually received. For customers participating in the automatic payment plan, all customers are responsible for being aware of the amount that shall be automatically charged from such customer’s account each month. For customers paying by check, payments are due within 17 days after the date that the invoice is mailed by Endeavor to the customer.
All charges invoiced to a customer shall be deemed to be valid and undisputed unless the customer disputes such charges in writing within 60 days after the invoice is mailed by Endeavor to the customer. Each customer is responsible for payment for all services provided to such customer by Endeavor at Endeavor’s standard charges (unless otherwise set forth in the customer’s service agreement with Endeavor) and pursuant to Endeavor’s standard billing practices, regardless of whether the provided service is specifically set forth in the customer’s service agreement with Endeavor.
A customer may terminate its account with Endeavor by providing notification to Endeavor of its intent to terminate via one of the following procedures:
- via telephone to: 1-800-922-6677
- via e-mail to: cancel@weEndeavor.com
- via facsimile to: 765-795-6599 – Attention: Customer Service Cancellations
- via U.S. Postal Service to: ENDEAVOR Internet, Attention: Customer Service Cancellations, PO Box 237, Cloverdale, Indiana 46120
Written notification of termination must include login name, customer name, address, and telephone number, and the effective date of termination of the account, which, for month-to-month accounts (i.e., non-term accounts) only, must be the last day of a billing cycle; provided, however, that written notification of termination must be received by Endeavor for month-to-month accounts no less than 10 business days prior to the next billing cycle to be effective on the last day of the current billing cycle.
Accounts that are not terminated in accordance with the above procedures shall remain active and shall continue to incur monthly service charges until properly terminated. Term accounts may only be terminated in accordance with the terms of the applicable service agreement.
Use of Personal Information
Endeavor may gather information about you through this Site in three ways. First, Endeavor may collect and store some personally identifiable information (such as your name, telephone number, and e-mail address) that you provide to us through surveys, job applications, contests, service orders, or inquiries on this Site. Second, we may collect and store information about your visit to this Site in collective or aggregated data that does not identify you specifically. Third, Endeavor may collect and store information through the use of “cookies.” The term “cookies” refers to lines of test that are transmitted to your web browser when you click on a site, providing a way for a server to recall a previous request or previous registration, or keep track of a transaction as it progresses, so that information does not have to be repeated. Endeavor uses all of this information to help maintain accurate accounts, to provide and to change services, to provide accurate billing and shipping to answer your inquiries, to market services and products, and to help make this Site useful to you. Additionally, Third parties may be placing and reading cookies on end users’ browsers, or using web beacons or similar technologies to collect information in the course of advertising being served on the web site.
The information that we obtain from you is generally necessary for us to provide your services and to design new services for your future use. As a general rule, Endeavor will not sell, trade, or disclose to third parties personal information gathered online about you without your consent. The only exceptions to this rule are: (i) when Endeavor works with affiliated businesses, partners, or agents to develop a relationship with you or to perform services for you on our behalf or (ii) as may be required by subpoena, search warrant, or other legal process or in the case of imminent physical harm to you or others. In the case of (i) above, we require the relevant businesses, partners, or agents to adhere to our policies regarding the use and protection of your personal information.
Endeavor and its affiliated businesses, partners, and agents may use e-mail to communicate with customers, respond to visitors’ e-mails, or to inform you about events or new products. Endeavor will not send commercial solicitation via e-mail to you if you request that it not be sent.