AENEAS POLICIES


Thank you for visiting and reviewing Policies and Contract Information section. As mentioned on your bill each month, this section contains material that is part of your agreement with Aeneas.

Internet Policies

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Aeneas Terms of Service and Use

In order to use the Aeneas Communications, LLC (Aeneas) products and data services, including internet protocol services not subject to governmental regulation, all network owners, operators, and individual and network users agree to the following terms:

ACCEPTANCE OF TERMS THROUGH USE
By using Aeneas’ services, you signify your agreement to all terms, conditions, and notices contained or referenced herein, including those published at our website, www.aeneas.net, under the heading “customer utilities/policies” (the "Terms of Service and Use"). These Terms of Service and Use control if anything else on our website or elsewhere contradicts them. If you do not agree to these Terms please do not use our services. We reserve the right, at our discretion, to update or revise these Terms . Please check the Terms periodically for changes. Your continued use of our services following the posting of any changes to the Terms of Use constitutes acceptance of those changes.

AGREEMENT TO RULES OF USER CONDUCT
You agree to abide by the Aeneas Rules of User Conduct, including but not limited to, agreeing not to use this site for any unlawful purpose. A copy of the Rules of Conduct, which you should review, can be found here.

THIRD PARTY SITES
This site may produce automated search results or otherwise link you to other sites on the Internet. These sites may contain information or material that some people may find inappropriate or offensive. These other sites are not under the control of Aeneas, and you acknowledge that Aeneas is not responsible for the accuracy, copyright compliance, legality, decency, or any other aspect of the content of such sites. The inclusion of such a link does not imply endorsement of the site by Aeneas or any association with its operators.

PROPRIETARY RIGHTS
You acknowledge and agree that all content and materials available from Aeneas are protected by copyrights, trademarks, service marks, patents, trade secrets, or other proprietary rights and laws. Except as expressly authorized by Aeneas, you agree not to sell, license, rent, modify, distribute, copy, reproduce, transmit, publicly display, publicly perform, publish, adapt, edit, or create derivative works from such materials or content. Notwithstanding the above, you may print or download one copy of the materials or content on this site on any single computer for your personal, non-commercial use, provided you keep intact all copyright and other proprietary notices. Systematic retrieval of data or other content from this site to create or compile, directly or indirectly, a collection, compilation, database or directory without written permission from Aeneas is prohibited. In addition, use of the content or materials for any purpose not expressly permitted in these Terms of Use is prohibited.

USER'S GRANT OF LIMITED LICENSE
By posting or submitting content to this site, you:

  1. Grant Aeneas and its affiliates and licensees the right to use, reproduce, display, perform, adapt, modify, distribute, have distributed, and promote the content in any form, anywhere and for any purpose; and
  2. Warrant and represent that you own or otherwise control all of the rights to the content and that public posting and use of your content by Aeneas will not infringe or violate the rights of any third party.


E911 SERVICE
E911 Service will be provided to the SERVICE ADDRESS associated with your Aeneas services. Should your address change, it is necessary for you to notify Aeneas of your new SERVICE ADDRESS.

DISCLAIMER OF WARRANTIES
ALL MATERIALS, INFORMATION, SOFTWARE, PRODUCTS, AND SERVICES INCLUDED IN OR AVAILABLE THROUGH AENEAS (THE "CONTENT") ARE PROVIDED "AS IS" AND "AS AVAILABLE" FOR YOUR USE. THE CONTENT IS PROVIDED WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NONINFRINGEMENT. AENEAS, ITS SUBSIDIARIES, AND ITS LICENSORS DO NOT WARRANT THAT THE CONTENT IS ACCURATE, RELIABLE OR CORRECT; THAT OUR SERVICES WILL BE AVAILABLE AT ANY PARTICULAR TIME OR LOCATION; THAT ANY DEFECTS OR ERRORS WILL BE CORRECTED; OR THAT THE CONTENT IS FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. YOUR USE OF OUR SERVICES IS SOLELY AT YOUR RISK. BECAUSE SOME JURISDICTIONS DO NOT PERMIT THE EXCLUSION OF CERTAIN WARRANTIES, THESE EXCLUSIONS MAY NOT APPLY TO YOU.

LIMITATION OF LIABILITY
UNDER NO CIRCUMSTANCES SHALL AENEAS, ITS SUBSIDIARIES, OR ITS LICENSORS BE LIABLE FOR ANY DIRECT, INDIRECT, PUNITIVE, INCIDENTAL, SPECIAL, OR CONSEQUENTIAL DAMAGES THAT RESULT FROM THE USE OF, OR INABILITY TO USE, OUR MATERIALS, INFORMATION, SOFTWARE, PRODUCTS, AND SERVICES. THIS LIMITATION APPLIES WHETHER THE ALLEGED LIABILITY IS BASED ON CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY, OR ANY OTHER BASIS, EVEN IF AENEAS HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGE. BECAUSE SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, AENEAS’ LIABILITY IN SUCH JURISDICTIONS SHALL BE LIMITED TO THE EXTENT PERMITTED BY LAW.

AENEAS COLOCATION INSURANCE REQUIREMENTS

Please provide Aeneas Communications, LLC the following:

  • Commercial General Liability Limits including Bodily Injury and Property Damage:  $1,000,000 each occurrence $1,000,000 aggregate.
  • Property Insurance Limits: Please show limits equal to full replacement cost of "customer equipment" as defined by Collocation Agreement.  Property deductible should be no more than $1,000 per occurrence.
  • Workers' Compensation:  Employers Liability Limit:  $1,000,000.  A Waiver of Subrogation endorsement in favor of Aeneas Internet & Telephone must be attached to the certificate.

Additional Insured Endorsement - (Form "B" CG 2010 11/85 OR EQUIVALENT).  The terms of the Collocation Agreement require Aeneas Internet & Telephone to be listed as an Additional Insured in an endorsement to your policy (attached to the certificate).  The endorsement may include the following clause, or a separate endorsement may be issued.  This endorsement must be attached to the certificate:  Primary Coverage -  "The insurance afforded by this policy for the additional  insured is Primary insurance and any other insurance maintained by or available to the additional insured is Non-contributory."  

The coverage indicated below must be provided through an insurance company which carries an A.M. Best rating of no less than "B+" "VIII".  A certificate indicating this coverage with separate Additional Insured Endorsement shall be on file in our office Prior to the commencement of the "Effective Date" and shall provide for thirty (30) days prior written notice of cancellation or reduction of coverage.

SERVICE INTERRUPTIONS; RESPONSE TIME; CREDITS

This section applies to Internet data transmission and reception and Managed Hosting and colocation services. This section does not apply to voice service interruptions otherwise regulated by the State of Tennessee. Aeneas will respond to Customer’s notification of a problem within a reasonable time of initial contact, which will generally be within 15 minutes of initial contact. Furthermore, Customer Care will proactively notify Customer of critical loss of service to Customer upon request of such service. All Customer contact information must be accurate and up to date. Customer is solely responsible for insuring that Aeneas has the proper contact information.

This section does not provide credits when service degradation or disruption (a) occurs during scheduled maintenance, (b) is the result of telephone plant outages on shared transport or services including but not limited to Frame Relay, and ATM, (c) is related to acts or omissions of the Customer or authorized agent, (d) is the result of an act or omission of a third party against the Customer or Customer’s agent, (e) arises from improper use or malfunction of Customer equipment, facilities, or applications, (f) is related to adverse weather, natural disasters, acts of God, civil disorders, or other occurrences beyond the reasonable control of Aeneas, (g) is related to non-payment on past due accounts.

This section does provide a credit equal to proration of monthly recurring charges for the period of service interruption. Such period of interruption shall not constitute a basis for termination of term contracts, provided, Aeneas undertakes restoration of service in a reasonable manner and service deprivation is less than 24 hours in any thirty day period.

Service degradation or disruption only qualifies for a credit if Customer informs Customer Care within five days of outage, or if Customer Care proactively informs Customer that the cause was definitively unrelated to any actions or events not excluded above.

INDEMNIFICATION
No contract or agreement with Aeneas shall create legal rights or benefits in third parties. Upon a request by Aeneas, you agree to defend, indemnify, and hold harmless Aeneas 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 our website or Aeneas products, software, or services provided to your network. Aeneas reserves the right, at it 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 Aeneas in asserting any available defenses.

INTERNATIONAL USE
Aeneas makes no representation that materials on its website are appropriate or available for use in locations outside the United States, and accessing them from territories where their contents are illegal is prohibited. Those who choose to access this site from other locations do so on their own initiative and are responsible for compliance with local laws.

LONG DISTANCE USAGE SUSPENSION
For your security, Aeneas Internet and Telephone reserves the right to temporarily suspend 1+ dialing in the event of unusual or excessive toll call volume to protect customers from fraud or theft. Aeneas Internet and Telephone also reserves the right to temporarily suspend 1+ dialing on new telephone accounts that do not have established pay history.

ACCEPTABLE USAGE OF BANDWIDTH
The Aeneas network is designed for typical usage by a typical computer user. Computer activity resulting in excessive or sustained bandwidth consumption may burden the network and such usage may be restricted. Bandwidth on our network is a limited, shared resource among subscribers. Because we seek to provide the Service at a reasonable cost to the largest number of users, the use of our network is subject to usage limitations. Users therefore must comply with the current bandwidth, data throughput, and other limitations on the Service, including the excessive use guidelines described below. Users must ensure their activity does not improperly restrict, inhibit, or degrade any other user's use of the Service, nor represent (in the sole but reasonable judgment of Aeneas) an unusually large burden on the network itself. In addition, users must ensure that their activity does not improperly restrict, inhibit, disrupt, degrade or impede Aeneas' ability to deliver the Service and monitor the Services, backbone, network nodes, and/or other network services. Aeneas strives to provide customers the best experience when using our network, a shared resource among hundreds of thousands of customers.

Aeneas may use tools and techniques to manage its network, deliver the Service, and ensure compliance with this Policy and the Subscriber Agreement. These tools and techniques are dynamic, like the network and its usage, and can and do change frequently. For example, these network management activities may include (i) identifying spam and preventing its delivery to customer e-mail accounts, (ii) detecting malicious Internet traffic and preventing the distribution of viruses or other harmful code or content, (iii) limiting speeds during periods of extended congestion, (iv) requiring an upgrade or purchase of a different Internet service and (v) using other tools or techniques that Aeneas may be required to implement in order to meet its goal of delivering the best broadband Internet experience to all its customers.

We collect data on customer traffic pattern usage through the use of traffic management software. Aeneas reserves the right to conduct tests to improve network security, to enhance the performance of our network, and to determine whether to make available new service offerings. These technical tests are performed almost continuously and without notice. Users may also monitor their bandwidth usage in the CNM section of http://www.aeneas.com/cnm. Please contact our office for additional details.

Excessive use means bandwidth or data usage that is significantly higher than typical usage for which our network is designed. Excessive Users consume so much data that their usage could negatively impact the Service provided to other customers. Therefore, if Aeneas in its sole but reasonable discretion determines that a customer has exceeded the Excessive Use threshold or is using the Service in a manner significantly uncharacteristic of a typical user, Aeneas reserves the right to (a) adjust, suspend or terminate Service accounts at any time and without notice; or (b) require the user to upgrade his service level or pay additional fees in accordance with Aeneas then-current, applicable rates and charges for such Service; or (c) use any technology to be chosen by Aeneas at its sole discretion to slow the user?s service for purposes of conserving bandwidth.

Common activities that may cause excessive bandwidth consumption in violation of this Policy include, but are not limited to, numerous or continuous bulk transfers of files and other high capacity traffic using (i) file transfer protocol ("FTP"), (ii) peer-to-peer applications, and (iii) newsgroups, whether provided by Aeneas or a third party.

Aeneas' residential service offering does not provide the type of security, upstream performance and total downstream throughput capability typically associated with commercial use. You may not run a server in connection with the Aeneas residential service, nor may you provide network services to others via the Aeneas residential service . Examples of prohibited uses include, but are not limited to, running servers for mail (pop3 & smtp), http, https, FTP, IRC, DHCP and multi-user interactive forums. For information about commercial Internet pricing, please see www.aeneas.com.

CHOICE OF LAW AND FORUM
These Terms of Use shall be governed by and construed in accordance with the laws of the State of Tennessee, excluding its conflicts of law rules. You expressly agree that the exclusive jurisdiction and venue for any claim or action arising out of or relating to these Terms of Use or your use of our services shall be filed only in the state or federal courts located in Madison County, State of Tennessee, and you further agree and submit to the exercise of personal jurisdiction of such courts for the purpose of litigating any such claim or action.

SEVERABILITY AND INTEGRATION
Unless otherwise specified herein, this agreement (which includes any signed contract) constitutes the entire agreement between you and Aeneas with respect to our services and supersedes all prior or contemporaneous communications and proposals (whether oral, written, or electronic) between you and Aeneas with respect to our services. If any part of these Terms of Service and Use is held invalid or unenforceable, that portion shall be construed in a manner consistent with applicable law to reflect, as nearly as possible, the original intentions of the parties, and the remaining portions shall remain in full force and effect.

AENEAS WEBMAIL REGISTRATION AGREEMENT
If you use Aeneas Webmail, your use of Aeneas Webmail software (the "Software") constitutes your acceptance and agreement of the following: You understand and reaffirm your agreement to Aeneas’ then-current Terms of Service. You further agree and acknowledge that by using the Software to access the Aeneas service, you will be subject to any applicable charges for the use of the Aeneas service as set forth in the pricing plan you have chosen. (In most cases, there is no additional charge).

You understand that Aeneas is not obligated to provide any assistance, including any technical or customer support, in the use of the Software, and that your use of the Software is at your own risk. The Software is provided "AS IS" and "AS AVAILABLE" and no warranties are provided, except as required by law. SPECIFICALLY, THE WARRANTIES FOR MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE ARE HEREBY DISCLAIMED.

Aeneas is in no way liable for any claims arising from your use of the Software. As a condition of your use, you agree to indemnify Aeneas for all claims relating to your downloading, use, reproduction of, and/or receipt or distribution of content through, the Software. This obligations extends to anyone using Aeneas products, software, or services via network. Aeneas reserves the right, in its sole discretion and at any time, to modify or discontinue the Software; limit, terminate or suspend your use of the Software; assess charges for the use of the Software in the future after notifying you in advance; and/or make changes to this Registration Agreement.

EARLY TERMINATION
Customer understands that if customer cancels service with Aeneas or any carrier prior to the end of a term agreement like this one, customer will incur termination charges according to applicable tariff provision or Terms of Service and Use, including installation fees and charges to agreement end date excluding discounts, plus the reasonable cost of collection including, but not limited to, attorney fees and court costs. The Courts of Madison County Tennessee have jurisdiction over all matters arising hereunder.

TERMINATION

Aeneas reserves the right, in its sole discretion, to terminate services or your access to all or part of our site, with or without notice

 



Privacy Policy

We value you as a customer and respect your right to privacy. We know that you purchase our products and services because you trust that we stand behind our promises. We pledge our commitment to treat your information responsibly, and we created this privacy policy to show you that we are working hard to protect your privacy.

Confidentiality and Security
We use physical and technical safeguards to protect your information. We restrict access to your information to those who need it to perform their jobs. Third-party business partners are bound by law to use the information only for our purposes. They may not disclose it or use it in any other way. We comply with all data security laws.

Collecting Your Personal Information
We collect person information about you from different sources. For example, we collect information you send us on contracts and forms. We also collect information from your financial transactions with us. Other information collected depends on the product or service you request.

Sharing Your Personal Information
We do not sell your information to anyone. We may share this information with a business that carries out services for us, like a subcontractor or affiliate. We may share your information as required or permitted by law. We may share your information for a legal or regulatory purpose or to combat fraud.

Information Sharing and Opt Out
We do not sell customer information for marketing purposes. We have chosen not to share your personal information with anyone for any reason, except to service your product. There is no need for you to opt out. If we change our sharing policy, we will tell you and give you a chance to opt out before we share your information.

If you have questions or concerns about our privacy policy, or would like a more detailed explanation of our privacy practices, please contact us!

 


 

CPNI Policy

In order to comply with FCC guidelines, we are limited in what we can discuss about your account over the phone. When you call to discuss the details of your account or to make changes, federal law allows only the following ways to access your information.

  1. The easiest option is to visit http://mybill.aeneas.com as most information can be found there. This is the preferred place to make account changes; or,
  2. Give us a call at 554-9200 from your Aeneas telephone number (if calling from a different number, an Aeneas representative will call you back); or,
  3. An Aeneas representative will email the requested information to your designated email address of record; or,
  4. An Aeneas representative will mail, via USPS, the requested information to the address of record; or,
  5. You may come to our business office and show a valid government issued photo ID.

You will also receive a notice at your "Address of Record" with Aeneas when there has been activity with regard to your account in one or more of the following areas:

  • Change of Billing Address
  • Change of Services
  • Change of Password
  • Change in Billing

You may always view the most updated information at mybill.aeneas.com. If any changes are made without the permission of an authorized person, contact Aeneas immediately.

 


 

Colocation Access Policies

Colocator Representatives are required to:

  • Not allow unauthorized or unapproved personnel into the Data Facility without the knowledge and consent of Aeneas Communications.
  • Leave wet clothing and belongings such as umbrellas, coats, bags, etc at the door.
  • Not bring food or drinks into the Colocation Facility.
  • Only handle and manipulate their own hardware located within their own racks. Partial cabinet colocator representatives should only de-energize or unplug their own equipment. Partial cabinet colocator representatives should never de-energize power strips located with the cabinets.
  • Plug monitor cart and other portable electrical equipment into receptacles located on the metal columns or on the metal runways located just below the windows. Portable equipment should never be plugged into power strips located within equipment racks.
  • Unplug and re-stow Aeneas monitor carts and other equipment after use.
  • Not make adjustments to or cycle power breakers on any support service equipment including but not limited to: air conditioners, power panels, UPS, maintenance bypass panels and sprinkler control panel.
  • Not to perform either low or high voltage wiring outside cabinets without the express consent of Aeneas Communications.
  • Place all small amounts of trash in containers provided. Large volumes of trash such cardboard boxes and shipping materials must be removed from the Colocation Facility and disposed of off-site.
  • Exit the facility during fire alarms or when directed by Aeneas Associates.
  • Either unplug equipment within the rack, turn off rack power strip or unplug the rack via the receptacle connector located directly above the rack (as appropriate) in case of equipment fire or electrical emergency.
  • Be familiar with the operation and location of fire alarm stations with the Colocation Facility. If fire is detected during normal Aeneas business hours, Aeneas Associates within the building should be notified. If fire is detected after normal Aeneas business hours, the fire alarm should be activated. Aeneas Associates should then be contacted immediately by phone.
  • Shut off overhead lights when leaving the facility after normal business hours.

Access
Aeneas Communications, LLC requires a completed and signed Aeneas Colocation Client Access Form from each Colocator Adminstrative Contact for each Colocator Representative who needs access to the Data Center.

Full cabinet clients:

  • Have 24-hour access to the data center via key fobs.

Partial cabinet clients:

  • Have access to the data center during normal business hours Monday through Friday 8am-8pm at no charge.
  • After Hours access can be obtained at a rate of $125.00 per hour by calling the Client Support lines. 24 hour advanced notice is requested.

 


 

Network Maintenance Policy

Overview

The network Aeneas maintains consists of a variety of network routers, switches and other equipment which carry voice and Internet service to our residential and commercial users. As with all forms of computer equipment, to keep services running smoothly, these devices require regular maintenance (hardware and software) upgrades, and in the event of a failure, replacement. In addition, certain devices require changes to configurations.

When Aeneas performs operations that potentially impact the services provided through our network, in an attempt to minimize disruption in service, Aeneas works within announced timeframes/windows when possible. The purpose of this document is to clarify the policies and procedures governing maintenance work on the networks for which Aeneas is responsible and the communication of issues that occur on these networks.


Disruptions
A disruption consists of any event or condition that may negatively impact either performance or service to our customers. Disruptions are classified as one of the following types:

  • Transparent - Transparent maintenance should not impact network services.
  • Degradation - Degradation is a reduction in network service to a device or area. The service or network is still functioning, but it is functioning in a diminished capacity.
  • Outage - An outage is a loss in network service to a device or area. An outage can occur with respect to connectivity or other services that are provided on the network. The service or network is not functioning, and there is a total loss in connectivity.

Disruptions can be caused by failure of a network device or server, power outages, failed cables, failure of a service, denial of service attacks, and a variety of other activities that can occur on a network. In all cases, a disruption will result in maintenance activity.


Maintenance
All work performed on the networks for which Aeneas is responsible is conducted as a form of maintenance. This work may or may not result in a disruption of service, depending on the scope of the activity. There are two types of maintenance activities:

  • Scheduled Maintenance - Proactive work to address service enhancements or changes, architecture modifications, infrastructure upgrades, equipment replacement or reconfiguration, etc.
  • Emergency Maintenance - Reactive or proactive work to address an extant service disruption or credible threat thereof. This includes responding to power failures, device failures, security vulnerabilities, etc. While these activities will be announced and consideration given to lead time, remediation of disruptions or mitigation of credible threats will receive precedence.


Notifications

To better serve you and to keep you informed, Aeneas offers Network Maintenance Notifications. All customers wishing to receive notification of either scheduled or emergency maintenance must enroll to receive network maintenance notifications. These are typically sent via email to 1 person per organization or household at the email address registered during the enrollment process. In the case of public safety offices and/or first responders Aeneas will also attempt to place a phone call to the phone number provided during the enrollment process. Should it become necessary to change the notification email address and/or phone number subscribers should call Aeneas as soon as practical to get the information updated.

In the case of scheduled maintenance, every attempt will be made to send all notifications > 24 hours prior to the event. For emergency maintenance Aeneas shall send notifications whenever practical to do so without delaying the maintenance event. All notifications shall include at a minimum, the window during which the service may be affected, and contact information for questions regarding the maintenance.

 


 

Missed Appointment Policy

Aeneas makes every effort to work orders in a timely manner. To avoid any missed appointment charges, you should inform us immediately if you or your site will not be ready for installation or a service visit.

A Service Date Dispatch Charge of $200 will be billed each time a technician is dispatched to install services and the customer or site is not ready for the installation. These charges will be billed each time a dispatch is attempted and the customer or the site is not ready. A $150 Service Date Change-Additional Dispatch Charge may also be applicable and billed to assign a new due date each time a due date is changed.

To avoid the charges for nonproductive dispatches, you must inform Aeneas 24 hours prior to the currently scheduled due date.

 


 

Remote Support Waiver Agreement

Please review these terms of use carefully. By clicking “Accept” or by continuing to use the Remote Support application, you, individually, and as an authorized officer of your company agree to the terms of use set forth below.

Bomgar Corporation proprietary software (the "Bomgar Software") has been or is about to be downloaded to your computer to allow a remote control session between an Aeneas Communications, LLC (“Aeneas”) operator and a computer or computers on your network. By clicking "ACCEPT", you are authorizing a remote operator to download the Bomgar Software to your computer and you understand that the permitted operator will have partial or fully unrestricted access to gain access to this computer or computers on your network as well as their contents on your network. The operator will then be able to transfer files without additional authorization from you. If you are in any way unsure about the identity, technical ability or trustworthiness of the operator about to download the Bomgar Software and do not wish the operator to have access to your computer, click "DECLINE". This Agreement does not grant any rights to you in the Bomgar Software and you agree not to use, copy, modify, enhance, merge, reverse engineer, reverse assemble, decompile, or in any way alter the Bomgar Software or any copy, adaptation, transcription, or merged portion thereof or otherwise attempt to derive source code therefrom. You also hereby acknowledge and agree that Bomgar Corporation may verify the use of the Bomgar Software through online verification procedures which may include support session time logging. In addition, you acknowledge that the Bomgar Software provides for trouble support notification to Bomgar Corporation in the event of a Bomgar Software failure. You agree and understand that it is your (the customer's) responsibility to maintain copies of all important data on your computer, and to obtain such copies prior to authorizing Aeneas to commence its services for you.

IN NO CIRCUMSTANCES SHALL AENEAS, ITS AFFILIATES, OR ANY OF THEIR RESPECTIVE OFFICERS, DIRECTORS , AGENTS, EMPLOYEES, OR CONTRACTORS (THE “AENEAS PARTIES”) BE LIABLE FOR ANY DIRECT, INDIRECT, PUNITIVE, SPECIAL, EXEMPLARY, INCIDENTAL, CONSEQUENTIAL OR OTHER DAMAGES OF ANY TYPE OR KIND (INCLUDING WITHOUT LIMITATION SYSTEM DAMAGE, OR LOSS OF DATA, PRIVACY REVENUE, PROFITS, USE OR OTHER ECONOMIC ADVANTAGE) ARISING OUT OF, OR IN ANY WAY CONNECTED WITH, (i) THE DOWNLOADING OF THE BOMGAR SOFTWARE ONTO YOUR COMPUTER, (ii) THE REMOTE CONTROL SERVICES PROVIDED BY THE OPERATOR(S), (iii) ANY INTERRUPTION TO USE OF THE REMOTE CONTROL SERVICE, OR (iv) ANY CONTENT OBTAINED FROM OR THROUGH THE REMOTE CONTROL SERVICE, EVEN IF THE AENEAS PARTY(IES) FROM WHICH DAMAGES ARE SOUGHT HAVE BEEN PREVIOUSLY ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. YOU FURTHER AGREE TO DEFEND, INDEMNIFY, AND HOLD HARMLESS THE AENEAS PARTY(IES) INCLUDING WITHOUT LIMITATION REASONABLE ATTORNEYS’ FEES, COURT COSTS, EXPENSES, AND OTHER COSTS OF INVESTIGATION AND PREPARATION (INCLUDING WITHOUT LIMITATION IN CONNECTION WITH ANY APPEAL), ARISING OUT OF OR IN CONNECTIONS WITH USE OF THIS SERVICE.

Any dispute, claim, or controversy in connection with or arising under the use of the Bomgar Software or this Agreement, its construction, existence, interpretation, validity, or any breach hereof which cannot be amicably settled between the parties, shall be finally and exclusively resolved by arbitration under the Rules of Arbitration of the American Arbitration Association then prevailing. The parties agree that the dispute shall be resolved using one arbitrator unless the parties agree to a greater number of arbitrators. The arbitrator shall apportion the costs of the arbitration equally but may award or order reimbursement of legal fees and expenses in the manner deemed fair and equitable by the arbitrator. The arbitration proceedings shall be held in Jackson, Tennessee, U.S.A. and shall be subject to the terms of this Agreement, the intentions of the parties as stated herein, international commercial practice, and the governing law of this Agreement. The award in arbitration shall be final and binding, and judgment upon award may be entered in any court having jurisdiction or application may be made for judicial acceptance of the award and an order of enforcement. If it becomes necessary for either party to enforce an arbitral award by legal action or additional arbitration or judicial methods, the party against whom the award is ultimately enforced shall pay all reasonable costs and attorney's fees incurred by the party in enforcing the award. THE PARTIES HEREBY EXPRESSLY WAIVE ANY RIGHT TO TRIAL BY JURY OR CLASS TREATMENT OF ANY CLAIM, DEMAND, ACTION OR CAUSE OF ACTION ARISING OUT OF OR RELATING TO THIS AGREEMENT OR THE BREACH THEREOF, PROVIDED THAT NOTHING IN THIS AGREEMENT SHALL PRECLUDE A PARTY FROM SEEKING TO COMPEL ARBITRATION IN A STATE OR FEDERAL COURT OF COMPETENT JURISDICTION. THE LAWS OF THE STATE OF TENNESSEE SHALL GOVERN THIS AGREEMENT.

 


 

Equipment Lease Policy

Equipment is, and shall at all times be, and will remain the sole and exclusive, property of Aeneas. You agree to pay the applicable rental fees set forth in your contract. The lease term for each Item of Equipment is detailed in the applicable contract and will expire on the service end date after the Equipment is returned to Aeneas in good working condition. If equipment remains unreturned after your service end date, you will be charged the full retail price of Equipment.

You agree to inspect the Equipment upon receipt and immediately notify Aeneas of any damages, malfunction or missing components so that Aeneas can take appropriate measures. Once the Equipment has been delivered to your location, it is your responsibility to ensure that the equipment is not stolen, damaged, or otherwise harmed. The repair of any damage (other than fair wear and tear) will be your responsibility. If any of the Equipment is lost, stolen, or damaged during the Rental Period, Aeneas reserves the right to charge you the retail price of the lost, stolen or damaged item/s.

Should the Equipment malfunction for reasons other than misuse or accidental damage, Aeneas will repair or replace the product at no charge to you. In the case of malfunctions or damage caused by accident or misuse the Equipment repairs will be your responsibility. If replacements are needed, Aeneas reserves the right to replace the Equipment with an equivalent system.

Aeneas is not liable for any damage, injury or loss to any person or property arising from the possession, operation or use of the Equipment. In any event Aeneas’s liability is limited, at Aeneas's choice, to: (a) the replacement of Equipment with the same or equivalent Equipment; (b) the repair of the relevant Equipment.

 


 

Computer Repair Service Agreement

1. DISCLAIMER

1.1 Aeneas will only perform and provide computer services, repairs, and upgrades as requested by the customer. Aeneas will conduct honest, reasonable, and considerate services. The goal is to provide the highest quality of service and support, but specific results cannot be guaranteed.

1.2 Computer service/repairs are provided as a service. There may be circumstances under which your computer cannot be repaired. It will have to be rebuilt or upgraded. (Examples: Age of PC, repair/replacement parts obsolete (memory chips, motherboards, etc.)

1.3 The length of time required to service/repair your computer cannot be predicted. (See section 2.1 below)

1.4 You understand that in the process of working on your computer equipment, there is a potential for data loss. You agree that you have made the necessary backups of your data so that, in the event of such loss, the data can be restored. Aeneas will not be responsible for data loss. (See section 4.4 below)

1.5 You authorize the technician(s) providing the service or repair to install anti-virus and any other necessary software on your computer to perform required services. All software will be deleted/uninstalled upon completion of the service unless otherwise requested.

2. BILLING

2.1 Computer services/repairs are billed as stated on the service order provided.

2.2 An estimate of cost for work will be provided before performing computer services/repairs. Estimates are not guaranteed.

2.3 In the case that there is an unforeseen deviation, beyond the above estimated amount, every effort will be made to contact you and inform you of the situation and receive authorization to continue or stop at the estimate limit.

2.4 In the case that you cannot be reached, work will stop until contact is established. Once reached, your decision to continue or stop will be honored by Aeneas.

2.5 All parts, services, and repairs are subject to Tennessee State Sales Tax.

3. PAYMENT

3.1 Full payment is due upon completion of services, upgrades, or repairs.

3.2 Computer parts, hardware, and/or software that are ordered or special ordered must be paid in advance

3.3 Aeneas accepts cash, check, and credit/debit card.

4. LIABILITY

4.1 Service(s) are provided in an effort to fix, upgrade, or otherwise repair the computer system(s) for which you request such service(s).

4.2 Your system will not be intentionally harmed. The primary goal is to fix your computer, not damage it.

4.3 In the case of accidental damage of data to your system or data loss caused by already existing problems in your system such as viruses, misconfigured software, or hardware problems/failures -You agree to hold Aeneas and any person(s) associated with Aeneas or involved in the work being done for you harmless from damages resulting from such problems.

4.4 It is your responsibility to backup your data. Aeneas will not be responsible for data loss. (See section 1.4 above)

5. SUPPORT

5.1 Customer satisfaction is our utmost importance.

5.2 All services will be conducted in a professional, reasonable and timely manner. Also, taking into consideration the circumstances and nature of the technical problems.

5.3 Free support will be provided for problems to be resolved from the service order, but were not resolved. After 7 days from the date on the invoice, Aeneas will no longer provide free support.

6. REPAIRS AND SERVICE GUARANTEE

6.1 All services and repairs are guaranteed for 7 business days from the completion/ acceptance date on the Service Order.

6.2 If it is discovered within this 7-day period that the technician incorrectly diagnosed the service or repair, Aeneas will perform the repair/service free of any labor charge. Only the new parts will be charged.

7. ESTIMATE

7.1 The estimate for repair will be $15.00 to be charged upon completion of the estimate.

7.2 A $25.00 Estimate Fee is charged after 30 minutes if the technician is not allowed to concentrate on the estimate for service.

7.3 Customers are asked to not interrupt the technician as the evaluation and estimate are completed. Save all additional questions until after you receive the estimate.

7.4 Answer only those questions that the technician may ask in order to properly evaluate your PCs problem.

 


 

Acceptable Use Policy

Purpose and Scope - The policies set forth in the Acceptable Use Policy are, in part, to help protect Aeneas Communications, LLC (Aeneas) customers from the consequences of malicious users or attacks on the Aeneas resources. When a customer is a victim of Internet abuse, Aeneas will do what we can to help them direct their complaint to the proper reporting agency or initiator. If the complaint is against an Aeneas customer we will take appropriate action in accordance with the policies set forth in this document.

General Conduct - The Aeneas network must be used in a manner that is consistent with the intended purpose of the Aeneas network and may be used only for lawful purposes. Customers shall not use the Aeneas network in order to transmit, distribute or store material that is: (1) in violation of any applicable law or regulation, including export or encryption laws or regulations; or (2) that may expose Aeneas to criminal or civil liability. Customers are further prohibited from assisting any other person in violating any part of this Policy.

Responsibility for Content – Aeneas takes no responsibility for any material created or accessible on or through the Aeneas network. Aeneas is not obligated to monitor or exercise any editorial control over such material, but reserves the right to do so. In the event that Aeneas becomes aware that any such material may violate this Policy and/or expose Aeneas to civil or criminal liability, Aeneas reserves the right to block access to such material and suspend or terminate any Customer creating, storing or disseminating such material. Aeneas further reserves the right to cooperate with legal authorities and third parties in the investigation of alleged wrongdoing, including disclosing the identity of the Customer that Aeneas deems responsible for the wrongdoing.

Loss of Information - Aeneas is not responsible for any loss of information or files stored on our servers.

E-mail Deletion - All unread email older than 90 days will be deleted from our servers and unrecoverable.

Inappropriate Content - Customers shall not use the Aeneas network to transmit, distribute or store material that is inappropriate, as reasonably determined by Aeneas. Without limiting the general application of this rule, Users may not:

  • Utilize the Services to copy material from third parties (including text, graphics, music, videos or other copyrightable material) without proper authorization;
  • Utilize the Services to misappropriate or infringe the patents, copyrights, trademarks or other intellectual property rights of any third party;
  • Utilize the Services to traffic in illegal drugs, illegal gambling, obscene materials or other any products or services that are prohibited under applicable law;
  • Utilize the Services to export encryption software to points outside the United States in violation of applicable export control laws; or
  • Utilize the Services in any manner that violates applicable law.

Intellectual Property - Material accessible through the Aeneas network may be subject to protection under privacy, publicity, or other personal rights and Intellectual Property rights, including but not limited to, copyrights and laws protecting patents, trademarks, trade secrets or other proprietary information. Customers shall not use the Aeneas network in any manner that would infringe, violate, dilute or misappropriate any such rights. If you use a domain name in connection with any of the Aeneas network, you must not use that domain name in violation of the trademark, service mark, or similar rights of any third party.

Harmful Content - Customers shall not use the Aeneas network to transmit, distribute or store material that contains a virus, worm, Trojan horse, or other component harmful to the Aeneas network, any other network or equipment, or other Users.

Fraudulent/Misleading Content - Customers shall not use the Aeneas network to transmit or distribute material containing fraudulent offers for goods or services, or any advertising or promotional materials that contain false, deceptive, or misleading statements, claims, or representations. In addition, Customers are prohibited from submitting any false or inaccurate data on any order form, contract or online application, including the fraudulent use of credit cards.

Unsolicited Messages - Customers may not send unsolicited e-mail messages, including, without limitation, bulk commercial advertising or informational announcements ("spam"), including, without limitation, actions such as using an e-mail account on Aeneas's network to send spam, or using the service of another provider to send spam or to promote a site hosted on or connected to the Aeneas network. In addition, Customers may not use the Aeneas network in order to (a) send e-mail messages which are excessive and/or intended to harass or annoy others, (b) continue to send e-mail messages to a recipient that has indicated that he/she does not wish to receive them, (c) send e-mail with forged TCP/IP packet header information, (d) send malicious e-mail, including, without limitation, "mailbombing", (e) send or receive e-mail messages in a manner that violates the use policies of any other internet service provider, or (f) use an e-mail box exclusively as a storage space for data. An e-mail message will be considered unsolicited if it is sent to a recipient (1) who has not expressly requested or invited it; (2) with whom the sender does not have an existing business or personal relationship; or (3) who has requested that the sender not send them any further messages.

Third Party Rules; Usenet - Customers may have access through the Aeneas network to search engines, subscription Web services, chat areas, bulletin boards, Web pages, USENET, or other services that promulgate rules, guidelines or agreements to govern their use. Customers must adhere to any such rules, guidelines, or agreements. Customers who post messages to Usenet newsgroups are responsible for becoming familiar with any written charter or FAQ governing use of such newsgroups and complying therewith. Regardless of such policies, Customers may not (a) post the same message, or a series of similar messages, to one or more newsgroups (excessive cross-posting or multiple-posting, also known as "Usenet spam"), (b) cancel or supersede posts not originally posted by such Customer, unless such Customer does so in the course of his/her duties as an official newsgroup moderator, (c) post any message with forged packet header information, or (d) post messages that are excessive and/or intended to annoy or harass others, including, without limitation, chain letters.

System and Network Security - Customers are prohibited from violating or attempting to violate the security of the Aeneas network, including, without limitation, (a) accessing data not intended for such Customer or logging into a server or account which such Customer is not authorized to access, (b) impersonating Aeneas personnel, (c) attempting to probe, scan or test the vulnerability of a system or network or to breach security or authentication measures without proper authorization, (d) attempting to interfere with, disrupt or disable service to any User, host or network, including, without limitation, via means of overloading, "flooding", "mailbombing", "denial of service" attacks or "crashing", (e) forging any TCP/IP packet header or any part of the header information in any e-mail or newsgroup posting, (f) taking any action in order to obtain services to which such Customer is not entitled, or (g) attempting to utilize another User's account name or persona without authorization from that User. Customers are also prohibited from attempting any action designed to circumvent or alter any method of measuring or billing for Aeneas services. Violations of system or network security may result in civil or criminal liability. Aeneas will investigate occurrences which may involve such violations and may involve, and cooperate with, law enforcement authorities in prosecuting Customers who are involved in such violations.

Suspension and Termination of Service - Any Customer which Aeneas determines to have violated any element of this Acceptable Use Policy may be subject to a warning, a suspension or a termination of account depending on the severity of the violation. Aeneas may take such further action as Aeneas determines to be appropriate under the circumstances to eliminate or preclude repeat violations, and Aeneas shall not be liable for any damages of any nature suffered by any Customer, User, or any third party resulting in whole or in part from Aeneas's exercise of its rights under this Acceptable Use Policy.

Aeneas reserves the right to modify this Policy in its discretion at any time. Such modifications will be effective when posted to Aeneas's Web site or provided to the Customer directly.

 


 

Email Policy

To uphold the quality and reputation of Aeneas Internet and Telephone, your use of Aeneas E-mail is subject to these program policies. If you are found to be in violation of our policies at any time, as determined by Aeneas in its sole discretion, we may warn you or suspend or terminate your account.

Prohibited Actions

In addition to (and/or as some examples of) the violations described in the terms of service, users may not:

  • Generate or facilitate unsolicited commercial email ("spam"). Such activity includes, but is not limited to
    • sending email in violation of the CAN-SPAM Act or any other applicable anti-spam law
    • imitating or impersonating another person or his, her or its email address, or creating false accounts for the purpose of sending spam
    • data mining any web property to find email addresses
    • sending unauthorized mail via open, third-party servers
    • sending emails to users who have requested to be removed from a mailing list
    • selling, exchanging or distributing to a third party the email addresses of any person without such person's knowing and continued consent to such disclosure
    • sending unsolicited emails to significant numbers of email addresses belonging to individuals and/or entities with whom you have no preexisting relationship
  • Send, upload, distribute or disseminate or offer to do the same with respect to any unlawful, defamatory, harassing, abusive, fraudulent, infringing, obscene, or otherwise objectionable content
  • Intentionally distribute viruses, worms, defects, Trojan horses, corrupted files, hoaxes, or any other items of a destructive or deceptive nature
  • Conduct or forward pyramid schemes and the like
  • Transmit content that may be harmful to minors
  • Impersonate another person (via the use of an email address or otherwise) or otherwise misrepresent yourself or the source of any email
  • Illegally transmit another's intellectual property or other proprietary information without such owner's or licensor's permission
  • Use Aeneas E-mail to violate the legal rights (such as rights of privacy and publicity) of others
  • Promote or encourage illegal activity
  • Interfere with other Aeneas E-mail users' enjoyment of the Service
  • Create multiple user accounts in connection with any violation of the Agreement or create user accounts by automated means or under false or fraudulent pretenses
  • Sell, trade, resell or otherwise exploit for any unauthorized commercial purpose or transfer any Aeneas E-mail account
  • Modify, adapt, translate, or reverse engineer any portion of the Aeneas E-mail Service
  • Remove any copyright, trademark or other proprietary rights notices contained in or on the Aeneas E-mail Service
  • Reformat or frame any portion of the web pages that are part of the Aeneas E-mail Service
  • Use the Aeneas E-mail Service in connection with illegal peer-to-peer file sharing

Security
You must promptly notify Aeneas of any breach of security related to the Services, including but not limited to unauthorized use of your password or account. To help ensure the security of your password or account, please sign out from your account at the end of each session.

Account Inactivity
If you don't sign in to one of your free Aeneas Internet & Telephone email accounts for 120 days, the unused account will be labeled dormant. Once an account becomes dormant, all messages, folders, and contacts may be deleted. Once your account has been deleted, your account name may be reserved by another user. To keep your account active, simply log in to your account.

 


 

Network Neutrality

We at Aeneas commit to the following Nondiscrimination and Interconnection Obligations:

  • We adhere to the principles contained in the FCC’s Internet Policy Statement (FCC 05–151, adopted August 5, 2005).
  • We do not favor any lawful Internet applications and content over others.
  • We display all network management policies in a prominent location on our web page and provide notice to customers of changes to these policies.
  • We offer connectivity to the public Internet directly and indirectly, while keeping full intentions of not making a private closed network.
  • We offer interconnection, where technically feasible without exceeding current or reasonably anticipated capacity limitations, on reasonable rates and terms to be negotiated with requesting parties. This includes both the ability to connect to the public Internet and physical interconnection for the exchange of traffic.

Aeneas may employ generally accepted technical measures to provide acceptable service levels to all customers, such as caching and application-neutral bandwidth allocation, as well as measures to address spam, denial of service attacks, illegal content, and other harmful activities. In addition to providing the required connection to the Internet, Aeneas does offer managed services, such as telemedicine, public safety communications, and distance learning, which use private network connections for enhanced quality of service, rather than traversing the public Internet.

 


 

Domain Transfer Guide

Transferring domain names between ISPs is a complex process that is often misunderstood.  We have created this guide to help you understand the process so you have an idea what to expect, and to help prevent any confusion or service disruptions during the domain transfer process from or to Aeneas. 

Because the transfer of domain names requires a high degree of coordination between many parties, the process will take longer than a normal domain name registration. If you have any questions on the process after reading this guide, please do not hesitate to contact us to discuss those questions.

Parties Involved and Roles Played

  • End-User: The party that is requesting the transfer to or from Aeneas Internet & Telephone.
  • Administrative Contact: The person with the authority to permit the domain to be moved.  This person is the domain owner or the owner's assigned agent. 
  • Gaining Registrar: The registrar that is sponsoring the transfer.
  • Losing Registrar: The current registrar of record for the domain name.

 

General Transfer Rules

To insure that a domain name transfer is successful:

  • The domain cannot presently be in either a “locked” or “hold” status.
  • The domain must have resided with the current registrar for more than 60 days since it was registered or transferred there.
  • Domain names that are expired, but not deleted (up to 40 days past the expiration date) can be transferred.
  • The current Administrative Contact’s email must be valid to allow confirmation of the transfer request.

Please Note: Transfers add one year to the domain registration.  Regardless of whether there is still time on the current registration another year's registration will be added to the domain, along with the additional registration fee.

General Transfer Time Periods

For domains names moving to Aeneas Internet & Telephone, once the administrative contact authorizes the transfer, the process takes approximately 24-48 hours (see below).

For domains moving from Aeneas Internet & Telephone, we will approve all legitimate transfer requests with 12 business hours of receipt. Once this request is processed you will need to contact the new registrar for further information.

Domain Name Transfer Process

Transfers to Aeneas Internet & Telephone

For a smooth transfer, you should:

  • Make sure your Administrative Contact has been notified about the move.
  • Make sure Aeneas has the following information:
    • Instructions for the MX record reference (for the purposes of domain based e-mails)
    • Information on where your website is located if not hosted with Aeneas (includes IP addresses etc.)
    • If you wish to make changes to the Administrative Contact or any of the contact information, this is the best time to make those changes.  Any desired changes should be submitted in writing.

Once Aeneas receives a request to move a domain name to our services, we will initiate the process to move the domain name from your current registrar to Aeneas by making a transfer request by e-mail to the current Administrative Contact on your account.

The Administrative Contact has 5 days to either approve or decline the request. If the contact fails to respond to the request, the request is automatically approved after the 5th day. However, if the contact declines the request, we must wait 9 days before canceling the request. This time period is to allow for any limitations between communication systems between registrars.

Upon approval, the transfer will be processed.  This will include the following changes:

  • The domain is moved to Aeneas
  • The WHOIS information is updated
  • DNS information is updated if necessary

Transfers from Aeneas Internet & Telephone

Aeneas must receive a request to move the domain from us in writing.  Making requests by e-mail is fine.  Once we have received the request, we will respond within 12 business hours. Once approved you will need to contact the new registrar for further information regarding your domain.

CAUTION: When transferring your domain from Aeneas, please make sure that where applicable the new domain server host:

  • is prepared take responsibility for the MX record so your e-mail is not interrupted
  • has the necessary information to point your domain to your website
  • has your correct contact information registered to the domain to ensure long term management and future changes go smoothly.

Aeneas is not responsible for any of the above information, or for any service interruptions that may occur if these steps have not been taken.

 


 

IP Interconnection Policy

SECTION 1 - DEFINITIONS

Company: Aeneas Communications Company, issuer of this document

Customer: The person, firm, corporation or other entity which orders Service and is responsible for the payment of charges and for compliance with the Company’s document regulations. The Customer could be an interexchange carrier, a wireless provider, or any other carrier authorized to operate in the state.

End User: Any individual, association, corporation, governmental agency or any other entity other than an Interexchange Carrier which subscribes to intrastate service provided by an Exchange Carrier.

Entrance Facility: A trunk facility connecting the Customer’s point of presence with the local switching center.

Firm Order Confirmation (FOC): Acknowledgement by the Company of receipt of an Interconnection Request from the Customer and commitment by the Company of a Service Date.

Individual Case Basis: A service arrangement in which the regulations, rates and charges are developed based on the specific circumstances of the Customer’s situation.

Meet Point: A point of interconnection that is mutually agreed upon by both carriers.

Point of Presence: Location where the Customer maintains a facility for purposes of interconnecting to the Company’s Network.

Premises: The space occupied by a Customer or Authorized User in a building or buildings or on contiguous property (except railroad right-of-way, etc.)

Recurring Charges: The monthly charges to the Customer for services, facilities and equipment, which continue for the agreed upon duration of the service.

Service Order: The written request for Network Services executed by the Customer and the Company in a format devised by the Company; or, in the alternative, the submission of an Service Request by the Customer in the manner specified in this document.

Service(s):  The Company’s telecommunications IP Services offered on the Company’s Network.


SECTION 2 - RULES AND REGULATIONS

2.1    Undertaking of Aeneas Communications Company

  • 2.1.1    Scope
    Aeneas’s services offered pursuant to this offering are furnished for IP Interconnection Service. Aeneas may offer these services over its own or resold facilities.

    Aeneas installs, operates, and maintains the communications services provided herein in accordance with the terms and conditions set forth under this document. Aeneas may act as the Customer’s agent for ordering connection facilities provided by other carries or entities as required in the TRA’s rules and order, when authorized by the Customer, to allow connection of a Customer’s location to Aeneas network. The Customer shall be responsible for all charges due for such service agreement.

    The Company’s services and facilities are provided on a monthly basis unless otherwise indicated, and are available twenty-four hours per day, seven days per week
    .
  • 2.1.2    Shortage of Equipment or Facilities

    A.    The Company reserves the right to limit or to allocate the use of existing facilities, or of additional facilities offered by the Company when necessary because of lack of facilities or due to some other cause beyond the Company’s control.

    B.    The furnishing of service under this document is subject to the availability on a continuing basis of all the necessary facilities and is limited to the capacity of the Company’s facilities as well as facilities the company may obtain from other Carrier from time to time, to furnish service as required at the sole discretion of the Company.

  • 2.1.3    Terms and Conditions

    A.    The Company’s services may be used for any lawful purpose consistent with the transmission parameters of the facilities utilized in the provision of services.  The Customer remains liable for all obligations under this document and the Company shall have no liability to any person or entity other than the Customer.

    B.    Except as otherwise provided herein, service is provided and billed on the basis of a minimum period of at least one month, and shall continue to be provided until canceled by the Customer, in writing, on not less than 30 days notice. Unless otherwise specified herein, for the purpose of computing charges in this document, a month is considered to have 30 days.

    C.    Customers seeking to cancel service have an affirmative obligation to block traffic originating from or terminating to the Company’s network. By originating traffic from or originating traffic to the Company’s network, the Customer will have constructively ordered the IP interconnection service.

    D.    The Customer agrees to operate Company-provided equipment in accordance with instructions of the Company or the Company’s agent. Failure to do so will void Company liability for interruption of service and may make the Customer responsible for damage to equipment pursuant to section 2.1.3.D below.

    E.    The Customer agrees to return to the Company all Company-provided equipment delivered to Customer within five (5) consecutive days of termination of the service in connection with which the equipment was

  • 2.1.4    Liability of the Company

    A.    THE LIABILITY OF THE COMPANY FOR DAMAGES ARISING OUT OF THE FURNISHING OF ITS SERVICES, INCLUDING BUT NOT LIMITED TO MISTAKES, OMISSIONS, INTERRUPTIONS, DELAYS, ERRORS, OTHER DEFECTS, OR REPRESENTATIONS BY THE COMPANY, OR USE OF THESE SERVICES OR DAMAGES ARISING OUT OF THE FAILURE TO FURNISH THE SERVICE WHETHER CAUSED BY ACT OR OMISSION, SHALL BE LIMITED TO THE EXTENSION OF ALLOWANCES FOR INTERRUPTION AS SET FORTH IN 2.6 BELOW. THE EXTENSION OF SUCH ALLOWANCES FOR INTERRUPTION SHALL BE THE SOLE REMEDY OF THE CUSTOMER AND THE SOLE LIABILITY OF THE COMPANY. THE COMPANY WILL NOT BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL , CONSEQUENTIAL, EXEMPLARY OR PUNITIVE DAMAGES, OR FOR ANY LOST PROFITS OF ANY KIND, TO CUSTOMER AS A RESULT OF ANY COMPANY WERVICE, EQUIPMENT OR FACILITIES , OR THE ACTS OF OMISSIONS OR NEGLIGENCE OF THE COMPANY’S EMPLOYEES OR AGENTS.

    B.    With respect to any other claim or suit, by a Customer or by any others, for damages associated with the ordering (including the reservation of any specific number for use with a service), installation (including delays thereof), provision, termination, maintenance, repair interruption or restoration of any service or facilities offered under this document and subject to the provisions of the Company’s liability, if any, shall be limited as provided herein.

    C.    The company shall not be liable for any delay or failure of performance or equipment due to causes beyond its control, including but not limited to : acts of God , fire, flood, explosion 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 the Company, 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 military authority; preemption of existing service in compliance with national emergencies; insurrections; riots; wars; unavailability of rights-of-way or materials; or strikes, lockouts work stoppages, or other labor difficulties.

    D.    The Company shall not be liable for (a) any act or omission of any entity furnishing the Company or the Company’s Customers facilities or equipment used for the interconnection with IP Services; or (b) for the acts or omissions of other Common Carriers.

    E.    The Company shall not be liable for any damages or losses due to the fault or negligence of the Customer or due to the failure or malfunction of Customer provided equipment or facilities.

    F.    The Customer shall indemnify and hold the Company harmless from any and all loss, claims, demands, suits , or other actions , or any liability whatsoever, whether suffered, made, instituted, or asserted by any other party or person(s), and for any loss, damage, or destruction of any property, whether owned by the Customer or others, caused or claimed to to have been caused directly or indirectly by the installation, operation, failure to operate, maintenance, removal, condition, location, or use of any installation or equipment provided by the Company. The Company reserves the right to require each Customer to sign an agreement acknowledging acceptance of the provisions of this Section 2.1.4F as a condition precedent to such installations.

    G.    The Company shall not be liable for any defacement of or damage to Customers Premises resulting from the furnishing of services or equipment on such Premises or the installation or removal thereof, unless such defacement or damage is caused by the gross negligence or willful misconduct of the Company’s agents or employees. No agents or employees of other participating Carriers shall be deemed to be agents or employee’s of the Company.

    H.    Notwithstanding the Customer’s obligations as set forth in Section 2.3 below, the Company shall be indemnified, defended and held harmless by the Customer , or by others authorized by it to use the service, against any claim, loss or damage arising from Customer’s use of services furnished under this document, including: claims for libel, slander, invasion of privacy or infringement of copyright arising from the material, data, information, or other content transmitted via the Company’s service; and patent infringement claims arising from combining or connecting the service offered by the Company with apparatus and systems of the Customer or others; all other claims arising out of any act or omission of the Customer or others, in connection with any service provided by the Company pursuant to this document. 

    I.    The Company shall be indemnified and held harmless by the End User against any claim, loss or damage arising from the End user’s use of services offered under this document including: claims for libel, slander, invasion of privacy or infringement of copyright arising from the End User’s own communications; patent infringement claims arising from the End user’s combining or connecting the service offered by the Company with facilities or equipment furnished by the End User of another Carrier; or all other claims arising out of any act or omission of the End User in connection with any service provided pursuant to this document.

    J.    The entire liability of the Company for any claim, loss, damage or expense from any cause whatsoever shall in no event exceed sums actually paid to the Company by the Customer for the specific services giving rise to the claim, and no action or proceeding against the Company shall be commenced more than one year after the service is rendered.

    K.    The Company makes no warranties or representation, express or implied, including warranties or merchant’s ability or fitness for a particular use, except those expressly set forth herein.

    L.    The Company shall not be liable for any act or omission of any other company or companies furnishing a portion of the service, or for damages associated with service, Channels, or equipment which result from the operation of Customer provided systems, equipment, facilities or service which are interconnected with Company services.

    M.    The Company does not guarantee nor make any warranty with respect to service installations at locations at which there is present an atmosphere that is explosive, prone to fire, dangerous or otherwise unsuitable for such installations. The Customer and End User shall indemnify and hold the Company harmless from any and all loss, claims, demands, suits or other actions, or any liability whatsoever, whether suffered, made, instituted or asserted by the Customer or by any other party, for any personal injury to, or death of, any person or persons, or for any loss, damage or destruction of any property, whether owned by the Customer or others, caused or claimed to have been caused directly or indirectly, by the installation, operation, failure to operate, maintenance, removal, presence, condition, locations, or use of service furnished by the Company at such locations.

    N.     The Company shall not be liable for the Customer’s failure to fulfill its obligations to take all necessary steps including, without limitation, obtaining, installing and maintaining all necessary equipment, materials and supplies, for interconnecting the terminal equipment or communications system of the Customer, or any third party acting as its agent, to the Company’s Network. The Customer shall secure all licenses, permits, rights-of-way, and other arrangements necessary for such interconnection. In addition, the Customer shall ensure that its equipment and/or system or that of its agent is properly interfaced with the Company’s service, that the signals emitted into the Company’s Network are of the proper mode, band-width, power, data speed, and signal level for the intended use of the Customer and in compliance with the criteria set forth in Section 2.1.6 following , and that the signals do not damage Company equipment, injure its personnel or degrade service to other Customers. If the Customer or its agent fails to maintain and operate its equipment and/or system or that of its agent properly, with resulting imminent harm to Company equipment, personnel, or the quality of service to other Customers, the Company, may, upon written notice, require the use of protective equipment at the Customer’s expense. If this fails to produce satisfactory quality and safety, the Company may, upon written notice, terminate the Customer’s service without liability.

  • 2.1.5    Notification of Service-Affecting Activities

    The Company will provide the Customer reasonable notification of service-affecting activities within its control that may occur in normal operation of its business. Such activities may include, but are not limited to , equipment or facilities additions, removals or rearrangements and routine preventative maintenance. Generally, such activities are not specific to an individual Customer but affect many Customers’ services. No specific advance notification period is applicable to all service activities. The Company will work cooperatively with the Customer to determine the reasonable, notification requirements.  With some emergency or unplanned service-affecting conditions, such as an outage-resulting from cable damage, notification to the Customer may not be possible.

  • 2.1.6    Provisions of Equipment and Facilities

    A.    The Company shall use reasonable efforts to make available services to a Customer on or before a particular date, subject to the provisions of and compliance by the Customer with, the regulations contained in this document. The Company does not guarantee availability by any such date and shall not be liable for any delays in commencing service to any Customer.

    B.    The Company shall use reasonable efforts to maintain facilities and equipment that it furnishes to the Customer. The Customer may not, nor may the Customer permit others to , rearrange, disconnect, remove, attempt to repair or otherwise interfere with any of the facilities or equipment installed by the Company, except upon the written consent of the Company.

    C.    The Company may substitute, change or rearrange any equipment or facility at any time and from time to time, but shall not thereby alter the technical parameters of the service provided the Customer.

    D.    Equipment the Company provides or installs at the Customer Premises for use in connection with the services the Company offers shall not be used for any purpose other than that for which the Company provided it.

    E.    The Customer shall be responsible for the payment of service charges imposed on the Company by another entity, for visits to the Customer Premises when the service difficulty or trouble report results from the use of equipment or facilities provided by any party other than the Company, including but not limited to the Customer.

    F.    The Company shall not be responsible for the installation, operation , or maintenance of any Customer provided communications equipment. Where such equipment is connected to the facilities furnished pursuant to this document, the responsibility of the Company shall be limited to the furnishing of facilities offered under this document and to the maintenance and operation of such facilities. Notwithstanding the above, the Company shall not be responsible for:

         1. the transmission of signals by Customer-provided equipment or for the quality of , or defects in , such transmission;

         2. the reception of signals by Customer-provided equipment; or

         3. network control signaling where such signaling is performed by Customer-provided network control signaling equipment.

    G.    The Company intends to work cooperatively with the Customer to develop network contingency plans in order to maintain maximum network capability following natural or man-made disasters which affect telecommunications services.

    H.    The Company reserves the reasonable right to assign, designate or change telephone numbers, any other call number designations associated with IP Services, or the Company serving central office prefixes associated with such numbers, when necessary in the conduct of its business.

  • 2.1.7    Non-routine Installation

    At the Customer’s request, installation and/or maintenance may be performed outside the Company’s regular business hours or in unusual locations. In such cases, charges based on cost of the actual labor, material, or other costs incurred by or charged to the Company will apply. If installation is started during regular business hours but, at the Customer’s request extends beyond regular business hours into time periods including, but not limited to, weekends, holidays, and/or night hours, additional charges may apply.

  • 2.1.8    Special Construction, (cont’d.)

    F.    on a temporary basis until permanent facilities are available;

    G.    installation involving abnormal costs; or

    H.    in advance of its normal construction schedules.

    Special construction charges for Switched IP Service will be determined on an individual use basis.

  • 2.1.9    Ownership of Facilities
           
    Title to all facilities provided in accordance with this document remains in the Company, its agents, contractors or suppliers.

2.2    Prohibited Uses

  • 2.2.1    The services the Company offers shall not be used for any unlawful purposes or for any use as to which the Customer has not obtained all required governmental approvals, authorizations, licenses, consents and permits.

  • 2.2.2    The Company may require applicants for service who intend to use the Company’s offerings for resale and/or for shared use to file a letter with the Company confirming their use of the Company’s offerings complies with relevant laws and applicable state regulations, policies, orders, and decisions; and if the Reseller intends to provide intrastate services, is certified with the appropriate state entity.

  • 2.2.3    The Company may require a Customer to immediately shut down its transmission of signals if said transmission is causing interference to others.

2.3    Obligations of the Customer

  • 2.3.1    The Customer shall be responsible for:
    A.    the payment of all applicable charges pursuant to this document;

    B.    reimbursing the Company for damage to , or loss of , the Company’s facilities or equipment caused by the acts or omissions of the Customer; or the noncompliance by the Customer with these regulations; or by fire or theft or other casualty on the Customer Premises, unless caused by the negligence or willful misconduct of the employees or agents of the Company. The Company will , upon reimbursement for damages to its facilities or equipment, cooperate with the Customer in prosecuting a claim against the person causing such damage and the Customer shall be subjugated in the Company’s right of recovery of damages to the extent of such payment;

    C.    providing at no charge, as specified from time to time by the Company, any needed personnel, equipment, space, and power to operate Company’s facilities and equipment installed on the Customer Premises, and the level of heating and air conditioning necessary to maintain the proper operating environment on such Premises.

    D.    Obtaining , maintaining, and otherwise having full responsibility for all rights-of-way and conduit necessary for installation of fiber optic cable and associated equipment used to provide IP Services to the Customer from the cable building entrance or property line to the location of the equipment space described in 2.3.1.C above. Any costs associated with obtaining and maintaining the rights-of-way described herein, including the costs of altering the structure to permit installation of the Company-provided facilities, shall be owned entirely by , or may be charged by the Company to , the Customer. The Company may require the Customer to demonstrate its compliance with this subsection prior to accepting an order for service.

    E.    providing a safe place to work and complying with all laws and regulations regarding the working conditions on the Premises at which Company employees and agents shall be installing or maintaining the Company’s facilities and equipment. The Customer may be required to install and maintain Company facilities and equipment within a hazardous are if, in the Company’s opinion, injury or damage to the Company’s employees or property might result from installation or maintenance by the Company. The Customer shall be responsible for identifying, monitoring, removing, and disposing of any hazardous material (e.g. friable asbestos ) prior to any construction or installation work;

    F.    complying with all laws and regulations applicable to, and obtaining all consents, approvals, licenses, and permits as may be required with respect to, the location of Company facilities and equipment in any Customer Premises or the rights-of-way for which Customer is responsible obtaining under Section 2.3.1.D above; and granting or obtaining permission for Company agents or employees to enter the Customer Premises at any time for the purpose of installing, inspecting, maintaining, repairing, or upon termination of services as stated herein, removing the facilities or equipment of the Company; and

    G.    not creating or allowing to be placed or maintained any liens or other encumbrances on the Company’s equipment or facilities.

  • 2.3.2    Claims
    With respect to any service or facility provided by the Company, Customer shall indemnify, defend and hold harmless the Company from all claims, actions, damages, liabilities, costs and expenses, including reasonable attorneys’ fees for:

    A.    any loss, destruction or damage to property of the Company or any third party, or the death of or injury to persons, including, but not limited to employees or invitees of either the Company or the Customer, to the extent caused by or resulting from the negligent or intentional act or omission of the Customer, its employees, agents, representatives or invitees;

    B.    any claim, loss, damage, expense or liability for infringement of any copyright, patent, trade secret, or any proprietary or intellectual property right of any third party, arising from any act or omission by the Customer, including, without limitation, use of the Company’s services and facilities in a manner not contemplated by the agreement between the Customer and the Company.

2.4    Customer Equipment and Channels

  • 2.4.1    General
    A Customer may transmit or receive information or signals via the facilities of the Company.

  • 2.4.2    Station Equipment

    A.    The Customer is responsible for providing and maintaining any terminal equipment on the Customer Premises. The electric power consumed by such equipment shall be provided by, and maintained at the expense of, the Customer. All such terminal equipment must be registered with the FCC under 47 C.F.R., Part 68 and all wiring must be installed and maintained in compliance with those regulations. The Company will, where practicable, notify the Customer that temporary discontinuance of the use of a service may be required; however, where prior notice is not practicable, nothing contained herein shall be deemed to impair the Company’s right to discontinue forthwith the use of a service temporarily if such action is reasonable under the circumstances.  In case of such temporary discontinuance, the Customer will be promptly notified and afforded the opportunity to correct the condition which gave rise to the temporary discontinuance. During such period of temporary discontinuance, credit allowance for service interruptions as set forth in Section 2.6 following is not applicable.

    B.    The Customer is responsible for ensuring that Customer-provided equipment connected to Company equipment and facilities is compatible with such equipment and facilities. The magnitude and character of the voltages and currents impressed on Company-provided equipment and wiring by the connection, operation, or maintenance of such equipment and wiring shall be such as not to cause damage to the Company-provided equipment and wiring or injury to the Company’s employees or other persons. Any additional protective equipment required to prevent such damage or injury shall be provided by the Company at the Customer’s expense.

  • 2.4.3    Interconnection of Facilities

    A.    Any special interface equipment necessary to achieve compatibility between the facilities and equipment of the Company used for furnishing IP Services and the Channels, facilities, or equipment of others shall be provided at the Customer’s expense.

    B.    IP Services may be connected to the services or facilities of other communications carriers only when authorized by, and in accordance with, the terms and conditions of the documents of the other communications carriers which are applicable to such connections.

  • 2.4.4    Inspections

    A.    Upon reasonable notification of the Customer, and at reasonable times, the Company may make such tests and inspections as may be necessary to determine that the Customer is complying with the requirements set forth in Section 2.4.2.B for the installation, operation and wiring in the connection of Customer-provided facilities and equipment to Company-owned facilities and equipment. No credit will be allowed for any interruptions occurring during such inspections.

    B.    If the protective requirements for Customer-provided equipment are not being complied with, the Company may take such action as it deems necessary to protect its facilities, equipment, and personnel. The Company will notify the Customer promptly if there is any need for further corrective action. Within ten days of receiving this notice, the Customer must take this corrective action and notify the Company of the action taken. If the Customer fails to do this, the Company may take whatever additional action is deemed necessary, including the suspension of service, to protect its facilities, equipment, and personnel from harm. The Company will, upon request 24 hours in advance, provide the Customer with a statement of technical parameters that the Customer’s equipment must meet.

SECTION 3 – IP Interconnection Service

All Service Provided under this offering shall be priced on an ICB basis, based on type of Interconnection, speed, geographic location of the meet point in relation to Aeneas Central Office.

 


 

Unlimited Nationwide Long Distance Policy

The Aeneas Nationwide Unlimited Long Distance plan is only available for customers calling from the 901 or 731 area codes. Aeneas Nationwide Long Distance is for typical domestic voice usage only. Callers must dial 1+ area code + 7-digit telephone number for the call to be included without an additional charge. Subscribers to this plan may use it only for typical voice usage and may not use it for extended internet or data calling. This plan is not available to customers with a multi-line account unless the plan is subscribed to all lines. It is not available to an account that bills to another number or is the recipient of charges billed from another number unless the customer establishes separate billing accounts for each line. Unlimited plan usage does not include multi-party conference calls, calls to 900 numbers, directory assistance, calling card, operator services, calls to Alaska and Hawaii, international calling and toll free calling services. If Aeneas determines that usage under this plan is not consistent with residential customer usage as described herein, the Customer will be subject to an additional fee of $50.00 and additional minutes will be billed at $0.07/minute. Customers may be offered an alternative plan at Aeneas’ sole discretion. For the purposes of this plan, usage of more than 5,000 minutes per month shall not be considered typical residential usage. Additional state mandated charges may apply on certain specified routes. In order to be eligible for this plan, Aeneas must be able to verify that the Customer meets each of the eligibility requirements. Customers who no longer meet these eligibility requirements will not be eligible for this plan and will be contacted by Aeneas and offered an alternative plan. Taxes, fees and other charges, including the Universal Service Fund, apply.

 


 

911 Service

The FCC has recently ruled that VoIP providers must supply a mandatory 911 Services to their customers. Read more here.

Aeneas is fully compliant with the FCC's requirements. We have years of experience as a telephone provider, and it has always been our intention to provide our VoIP customers with service just as reliable as any landline telephone. This includes 911 service. For your safety, we have always provided our VoIP customers with 911 service that allows you to call 911 and receive a response just as you would over a landline telephone. 911 service is included in ALL our telephone packages. You do not have to ask for this service to receive it from Aeneas.

E911 Service will be provided to the SERVICE ADDRESS associated with your Aeneas services. Should your address change, it is necessary for you to notify Aeneas of your new SERVICE ADDRESS. VoIP customers who are using a SIP phone may carry that phone with them to a location besides their Service Address. However, emergency responders will be sent to the Service Address on file.

E911 service for VoIP customers can only be provided in the 731, 901, 615, and 931 area codes. If you take your SIP phone outside of these areas, 911 service cannot be provided.

 

 


 

 

 

 

Open Internet Compliance

The Federal Communications Commission issued rules to preserve the Internet as an open platform. These rules went into effect on November 20, 2011 and can be found at this link. All Internet service providers are required to post information regarding various issues so that consumers, both residential and business, can make informed choices about choosing an Internet service provider. This document contains information regarding our services and in compliance with the FCC's rules. The policies contained herein serve as a supplement to the existing terms of service.

 

The FCC's rules focus on four primary issues:

  • Transparency. Fixed and mobile broadband providers must disclose the network management practices, performance characteristics, and terms and conditions of their broadband services;
  • No blocking. Fixed broadband providers may not block lawful content, applications, services, or non-harmful devices; mobile broadband providers may not block lawful Web sites, or block applications that compete with their voice or video telephony services; and
  • No unreasonable discrimination. Fixed broadband providers may not unreasonably discriminate in transmitting lawful network traffic.
  • Reasonable network management. ISPs may engage in reasonable network management to maintain a high quality of service for broadband Internet access.

 

 

Network Practices

ISPs must disclose their network practices, specifically in the four general areas listed below. ISPs may not block lawful content, applications, services, or non-harmful devices, subject to reasonable network management. An ISP may not block consumers from accessing lawful Web sites, subject to reasonable network management; nor shall the ISP block applications that compete with the provider's voice or video telephony services, subject to reasonable network management. ISPs may not unreasonably discriminate in transmitting lawful network traffic over a consumer's broadband Internet access service, although, reasonable network management shall not constitute unreasonable discrimination. The FCC's rules state that a network management practice is reasonable if it is appropriate and tailored to achieving a legitimate network management purpose, taking into account the particular network architecture and technology of the broadband Internet access service.

 

Congestion Management:

Aeneas Communications maintains high availability and reach-ability targets by peering with multiple upstream providers and load balancing incoming and outgoing traffic via BGP metrics, communities, and preferences. Traffic on each egress path is monitored by the Operations staff and reviewed by Engineering for bandwidth management and forecasting.

All transit traffic is managed without regard to application, unless a specific customer requests or negotiates application specific limitations for that customer's access link(s). Standard datalink and network prioritization settings are honored within our transit network. Connecting to multiple providers (including at least one but preferably two Tier I providers) allows for higher performance and lower transit times for customer traffic, getting traffic from the sending network to the receiving network by traversing the fewest number of transit networks.

Each egress link is managed with a goal of less than 60% peak utilization while still allowing for the most direct path between internal and external IP networks. If utilization exceeds these targets, routes are adjusted to move traffic to a path with lesser utilization. If utilization reaches or exceeds 60% of total committed bandwidth for a hub location over a 3-month period, then subscription increases are recommended by Engineering and reviewed by Management.

  

Application-Specific Behavior:

All transit traffic is managed without regard to application, unless a specific customer requests or negotiates application specific limitations for that customer's access link(s). Standard datalink and network prioritization settings are honored within our transit network.

 

Device Attachment Rules:

Customer devices are not restricted by type, though Aeneas may require Aeneas-owned equipment as termination for access circuits at the customer location.

 

Security: 

Internet connectivity is sold as an open connection between the customer and the Internet, though customers may choose to purchase security services separately from the connectivity services. Aeneas maintains industry standard engineering practices to secure its network.

 

Performance Characteristics

ISPs must disclose the following network performance characteristics:

 

Service Description:

Aeneas provides broadband access via ADSL, DS1, Fiber and other Ethernet services. Transit times to cross the network are guaranteed to be less than 80 ms and average less than 20 ms. With proper end-user device configuration, connections are suitable for real-time services.

 

Impact of Specialized Services:

Aeneas offers managed voice services, managed private network (MPN/VPN), and desktop/server virtualization services. All specialized services delivered by Aeneas include prioritized traffic implementation in accordance with parameters specified by or recommended to the customer to ensure the proper availability and quality of all services.

 

Commercial Terms

Privacy Policies:

Redress Options:

Aeneas maintains and manages a technical support staff to handle trouble reports, acceptable use violations, and other service inquiries.

 

FCC Notice

If a customer believes that these open Internet rules are not being met, the customer may file an informal complaint at the Federal Communications Commission. The FCC urges customers to submit any complaints via its website at the following address: http://esupport.fcc.gov/complaints.htm. Customers may also file a formal complaint at the FCC using Part 76 of the Commission’s rules.

 

Additional Disclaimers

The Open Internet Rules, as adopted, and these Open Internet Principles are not intended to affect, alter or otherwise supersede the legal status of cooperative efforts by broadband Internet Access Service Providers and other service providers that are designed to curtail infringement in response to information provided by rights holders in a manner that is timely, effective, and accommodates the legitimate interests of the company, rights holders, and end users. Furthermore, the FCC's Open Internet Rules, as adopted, and this company's Open Internet Principles do not prohibit the company from making reasonable efforts to address the transfer of unlawful content or unlawful transfers of content. For additional information, please review the Acceptable Use Policy.

 

 


 

Policy for Call Data Requests

Aeneas personnel are regularly contacted by customers as well as law enforcement agencies asking for access to call detail information. Aeneas takes the privacy of its customers very seriously, but we are required by law to assist law enforcement agencies with valid requests for call data. Aeneas can be exposed to great liability if this privileged information is given out unlawfully. The procedures that follow are provided to allow a uniform response to all requests, whether via a customer or a law enforcement agency.

CUSTOMER REQUESTS

If a customer calls in with a request for call history on an account in their name, they need to be told of the options available to them.

If a customer calls in with a request for information on an account not in their name, the person should be advised that it is illegal for Aeneas to give out that information to them. If the person claims to have a problem with annoying or threatening calls or an emergency situation, they should be referred to their local police department or sheriff’s office.

Caller ID

Caller ID can identify the source of annoying or harassing calls and allow you to screen unwanted calls. You can also order Caller ID with Name and Number Delivery, which displays both the name and number of the caller.

Call Return

Call Return allows you to call back the person that just called you. Just by dialing *69, you will be given the last incoming callers phone number.

Selective Call Rejection

With Selective Call Rejection, you can create a list of up to six telephone numbers you wish to block. Blocked callers will reach a prerecorded message telling them that the Selective Call Rejection feature has been activated, without your phone ever ringing.

Anonymous Call Rejection

Anonymous Call Rejection provides Caller ID subscribers with the ability to intercept blocked numbers. If the caller blocks their name and number delivery, the call is terminated and your phone does not ring.

Call Tracing

Call Tracing gives you the best solution available for tracking down and ending annoying calls. Aeneas Internet & Telephone will release the trace information to law enforcement authorities.

LAW ENFORCEMENT REQUESTS

Routine

If a law enforcement agency contacts Aeneas for call data information; it is usually in the course of an investigation. Investigators know the law requires a subpoena or warrant whenever it is possible to get one and they shouldn’t be surprised that Aeneas requires a subpoena or warrant to access such information. Besides, the information is no good to them if ruled inadmissible for violating the Fourth Amendment.

Emergency

On rare occasions law enforcement may ask for call information and claim that there is not time to get a warrant or subpoena due to some emergency. The law does recognize an exception to the warrant/subpoena requirement under such “exigent circumstances”. After consultation with our local District Attorney General, Aeneas has developed a policy balancing the legitimate need to comply with valid requests of law enforcement and the legitimate need to protect Aeneas in the event such an exigency is incorrectly claimed by law enforcement. If an employee receives such a request, they should immediately transfer the call to a manager.

PROCEDURE IF EMERGENCY IS CLAIMED BY LAW ENFORCEMENT OFFICIAL

The officer will be asked to identify him/her and the phone number for the agency they work for.

The officer will be requested to fill out the attached “Statement of Exigent Circumstances” which will be available online or by fax.

The completed sheet will be returned to Aeneas before the information is given.

We will, under “exigent circumstances”, begin to gather the requested data while awaiting the return of the request form.

If the officer does not complete the form and return it, the Aeneas employee handling the request shall complete the attached “Notice of Failure to Claim Exigent Circumstances” and send it by certified mail, return receipt requested, to the requesting law enforcement agency.

Forms

Statement of Exigent Circumstances
Notice of Failure to Claim Exigent Circumstances

 


 

Billing Policies

DEPOSITS AND ADVANCE PAYMENTS: All new service orders are subject to a credit check. Based on the results of the credit check, a $100 minimum deposit plus any install/set-up fees will be required in advance of service commencing. The deposit does not cover the first month of service. Installation costs and/or switching fees must also be paid in advance at the time of deposit payment, but are non-refundable.

At any time after six consecutive months of good payment, customers can request that their deposit be available for application toward service charges. (Six consecutive months of good payment must end on current date. Good payment history that has occurred more than six months from current date is not valid.) Customer must initiate request for deposit to be applied to service charges. Deposit remains in reserve on customer's account until customer's services with Aeneas end. If customer fails to initiate deposit application toward service charges on their account, customer has six months after end of service in which to request refund of held deposit. Deposits not requested within six months will be assessed an administrative charge equal to said deposit.

BILLING: Unless otherwise agreed in a customer contract with Aeneas, we will send an itemized statement to the email address you specify each month. For a small charge of $3.00/month (residential) or $5.00/month (business), we will prepare and snail-mail a paper copy of your statement to the address you specify via the US Postal Service. Payment is due by the due date posted on the bill.

HOW TO PAY YOUR BILL: Bills may be paid by cash, check, money order, online billpay, or bank draft/credit card. Dial up Internet customers are all billed against a bank draft/credit card.

By Mail: Be sure to put your account number on your check to assure proper credit and mail it to-
Aeneas Internet and Telephone
PO Box 277
Jackson, TN 38302-0277

Automatic Payment: Set up automatic bank draft or credit/debit card payment by calling our Billing Department Monday-Friday, 8am-6pm. You can also set up automatic debit/credit card payments on mybill.aeneas.com.

Electronic Payment: Pay online with a debit or credit card by logging in at mybill.aeneas.com

Please Note: There is a maximum limit of $1,500 per charge when paying with a credit/debit card. Please contact our billing department if your bill is higher than $1,500 to discuss alternate payment options.

LATE PAYMENTS: Payment is considered “past due” if received 30 days after the bill date on your statement and will be assessed a late payment charge of 6%, calculated monthly, on your total past due balance. Accounts 15 days “past due” may be suspended and rendered inoperable. Reestablishment of suspended accounts requires payment in full of the past due balance plus all assessed reconnect fees ($35.00 per telephone line and $20.00 per Internet connection). Accounts 30 days “past due” may be terminated.

RETURNED CHECKS/BANKDRAFTS: Aeneas imposes a $30.00 charge for returned checks/bank drafts and reserves the right to interrupt services should payment be returned. Returned checks will not be re-deposited. Payment for returned checks must be in certified funds (cash, credit/debit card, or money order).

COLLECTIONS: In the event it is necessary to utilize the services of a collection agency or an attorney to recover payment for services rendered or breach of contract, customer shall be liable for the reasonable cost of collection including, but not limited to,attorney fees and court costs. Aeneas reserves the right to refer a customer to a collections agency or an attorney at any time (No time limits apply).

RE-ESTABLISHING TERMINATED SERVICES: ALL customers must pay ANY BALANCE (including any assessed Termination Fees) and ADVANCE CHARGES/FEES with CERTIFIED funds (cash IS best, but CC/DC/MO is also accepted – NO checks or bank drafts. Customers will be set up as PREPAY customers and monthly charges must be paid with CERTIFIED funds – NO checks or bank drafts.

FINAL BILLS: Except for voice service covered by a tariff, service periods for billing are never less than one full month. You must notify Aeneas by email or US Postal Service of your desire to terminate an account. Remember, terminating a contract before it’s agreed end date may subject you to “termination charges” for tariffed services as well as non-tariffed services.

DISPUTED INVOICES: In the event Customer disputes any portion of a Aeneas invoice, Customer shall pay the undisputed portion of the invoice by the date due, and shall submit to Aeneas a written claim for the disputed amount, which shall set forth with specificity Customer?s grounds for such dispute. All disputes must be raised and claims submitted within ninety (90) days of receipt of the invoice for those Services or such claims shall be deemed waived and invoices shall be deemed correct. In the event that the dispute is resolved against Customer, Customer shall pay such amount plus interest. If the Parties are unable to resolve any dispute in a timely brought by Customer hereunder, either Party may pursue any legal or equitable remedy available to it.

ADDITIONAL INTERNET BILLING POLICIES: Accounts may be upgraded to the next level of usage at no charge. If on an Aeneas Prepay account, all changes must be requested before the last day of the current billing cycle and will take effect on the first of the next billing cycle.

Any Internet-based services will not be prorated if such services are cancelled before the end of a billing cycle.

Aeneas is not responsible for any toll charges when a customer uses 1 + number to access our Internet service. Please check to make sure the number you’re dialing is local for your area.

VOICE PRE-PAYMENT TERMS: An installation fee & 1st month service fees must be paid prior to activation.

Pre-pay is offered only on "Aeneas Standard", "Aeneas Premium", "Aeneas Total Communications Pak," "Aeneas Total Communications with Unlimited Nationwide LD," and only in 30 day increments.

Subsequent month service charges must be paid in full prior to the beginning of each month of service. If payment is not made in full, service will be immediately disconnected. No collection calls or letters will be issued. Service re-activation will require a new $46 installation fee. Upon 6 months of on-time payment, customer can request to be considered for traditional billing.

We do not issue refunds on prepay accounts.

Payment methods are cash or debit/credit card. Credit/debit card payments can be made either online or by automatic payment or by phone by calling our Billing Department Monday-Friday from 8am to 6pm.

Customers must sign a "pre-pay" LOA clearly outlining terms and conditions.

INTERNET PRE-PAYMENT TERMS: Internet pre-pay is offered only under Standard and Premium service levels, and on Aeneas dial-up.

Service re-activation will require a new $20 installation fee. Upon 6 months of on-time payment, customer can request to be considered for traditional billing. All other terms and conditions are as stated in Voice Pre-Payment terms above.

OPTION TO BUY EQUIPMENT: Within 30 days of making the final Lease Payment under this agreement, customer may notify Aeneas of their desire to purchase the equipment that is the subject of this Lease Agreement for the sum of $99.95.

Within 30 days of making the final Lease Payment under this agreement, customer may also enter a subsequent Lease Agreement with Aeneas.

If Aeneas receives no such notification within 30 days of termination of this Lease Agreement, this Lease renews for another term.

QUESTIONS ABOUT YOUR BILL
If you have questions about your bill, please contact us today!

If you are not satisfied after receiving an explanation, ask to speak with a manager. Aeneas will investigate and notify you with the results.

 

 

LIFELINE Assistance

 If you have low income, you may be eligible for Lifeline Assistance, a telephone savings program that reduces the cost of phone service.

Lifeline helps pay the monthly bill for basic telephone service with a credit of up to $9.25/month. The discount is available for only one telephone connection per household. Lifeline does not apply to taxes, surcharges, and mileage charges.

ARE YOU ELIGIBLE FOR A LIFELINE CREDIT?

To get these telephone savings programs, you must receive one of these government benefits:

  • Federal Public Housing Assistance / Section 8
  • Food Stamps
  • Low Income Home Energy Assistance Program (LIHEAP)
  • Supplemental Security Income (SSI)
  • National School Lunch (free program only)
  • Temporary Assistance for Needy Families (TANF)
  • Medicaid
  • Additional eligibility criteria may apply to residents of federally recognized tribal lands


Or meet the income based standard:
Total household income at or below an amount determined by TRA 1-800-342-8359.

HOW DO YOU SIGN UP FOR THE CREDIT?
Proper documentation of your eligibility must be provided.

To apply based on public assistance programs: You must submit a copy of any dated document which verifies your participation in one of the qualifying programs listed above.

To apply based on income: Fill out the form located here - Lifeline Application. Proof of total household income may be required for income based qualification.

Your Lifeline benefits will take effect when proof of eligibility is received. Please contact us for more information about Lifeline or mention Lifeline at sign-up.

RESTRICTIONS

Being a Lifeline customer does not protect you from being disconnected if you fail to pay your telephone bill.
Lifeline discounts cannot be applied to an outstanding balance owed to your phone company.
This program will not assist on long distance charges or special features such as Caller ID or Call Waiting.

Lifeline Restrictions
Lifeline can only be used for the primary telephone line in a household. One wireless OR wireline telephone per household. You may purchase additional services available to a non-Lifeline customer. You must establish phone service prior to applying for the Lifeline discount. The name on the phone bill must match the name of the household member participating on the eligible program with the exception of the National School Lunch free Program

 


731-554-9200
800-470-7288
300 North Cumberland Street
Jackson, TN 38301
Aeneas Internet & Telephone | Copyright 2014
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