MetTel Mobile Legal Notice
MetTel Network Management Practices
MetTel provides business customers with a variety of Internet access options and hosted network solutions. Internet access through MetTel’s network is generally provided as either a dedicated Internet access circuit, or as an additional feature used in connection with other network services hosted by MetTel through its network operations center (NOC). Although the manner of accessing the Internet through MetTel services may vary based on the customer’s network architecture and manner of connecting to MetTel, the following principals apply to all Internet traffic carried through MetTel’s network:
- MetTel does not limit its customers’ Internet access bandwidth at its network operating center (NOC), and ensures bandwidth availability through multiple dedicated and diverse Internet backbone connections with bandwidth capacity exceeding measured peak demand.
- Except as part of a managed service described below, MetTel does not block or rate-control specific protocols or protocol ports, modify protocol fields in ways not prescribed by the protocol standard, or otherwise inhibit or favor certain applications or classes of applications.
- Except as required to comply with court orders, statutes, regulations or governmental requests, MetTel does not inspect customer Internet traffic or store customers’ Internet access history.
- MetTel does not prohibit the use of any network-compatible equipment.
- Pricing for Internet access varies based on the access method and term commitment selected by customer and is billed monthly.
MetTel dedicated Internet access circuits consist of a dedicated network connection with fixed bandwidth between a customer’s location and MetTel’s NOC, where MetTel provides direct access to the Internet. Internet access speeds are governed by the bandwidth of the dedicated connection to the MetTel network and range from T1 (1.544M) to GigE (1,000M) data rates. Internet access is also provided in connection with other hosted network solutions requiring access to the MetTel NOC, including hosted multiprotocol label switching (MPLS) networks and private branch exchange (PBX) voice products. Network configurations and access methods are generally custom-designed for each customer. As with dedicated Internet access, Internet access speeds are generally governed by the method of access to the MetTel network, but may be managed in the following manner, at customers’ option:
- As part of its hosted network solutions, MetTel offers its customers MPLS networks, using standard MPLS protocol, which allows customers to prioritize their data packet transmission among customer sites and the MetTel NOC to give first priority to voice and other “real-time” data.
- MetTel also offers customers the ability to allocate only a portion of the available bandwidth of its connection(s) to MetTel NOC to Internet traffic, so that other portions of available bandwidth may be dedicated to other services, including hosted PBX products. Under this configuration, Internet access speeds would be limited to the bandwidth customer has elected to dedicate to that service.
In each of the foregoing products, the data rate of the network connection to MetTel’s NOC is fixed, although the bandwidth allocated to Internet traffic can vary based on the application. As each customer’s configuration varies, the suitability of any access methods for a specific Internet application will vary. As with any Internet access product, the access speed that an end-user will experience when accessing the Internet through MetTel’s network will depend upon a variety of conditions. Most of these conditions are beyond the control of MetTel, and include:
Other services using available bandwidth. MetTel’s dedicated and hosted solutions are generally shared in an office environment where multiple users may be attempting to access the Internet or other network resources at the same time, which will limit the total bandwidth available to any specific user at that time for both Internet and other network resources. Absent a customer’s election to prioritize certain users’ or types of data, MetTel does not exert control over the bandwidth available to customers, and customers’ end-users are given equal priority to access the Internet. In an MPLS network, certain data such as voice packets will be given a higher transmission priority than Internet traffic, and heavy voice or other high-priority data usage on the network will limit the bandwidth available for Internet access.
Computer performance. The performance of an end-user’s computer, including its age, processing and memory resources, its operating system, the number of applications running simultaneously (particularly where several applications are accessing the Internet or network resources, which may occur without the end-user’s awareness), and the presence of any viruses, advertising or other unwanted or malicious programs may limit Internet performance.
The local network configuration and components, including the connection between an end-user’s computer and the router or modem controlling access to the MetTel network. For example, wireless connections and certain local wiring configurations may be slower than direct connections into a router or modem. Wireless connections also may be subject to greater fluctuations, interference (including from smart-phones and other devices) and congestion.
The distance packets travel (round trip time of packets) between an end-user’s computer or network and its final destination on the Internet, including the number and quality of the networks of various operators in the transmission path. The Internet is a network comprised of multiple networks all interconnected to one another at various points worldwide. Data packets sent by or destined for an end-user’s connection may traverse the networks of multiple providers before reaching its destination, and the limitations of those networks will most likely affect the overall speed of that end-user’s session. To limit the effect of Internet congestion, MetTel maintains multiple Internet backbone connections and routes customer traffic to the Internet using the shortest route available to the destination.
Congestion or high usage levels at the website or destination. If a large number of visitors are accessing a site or particular destination at the same time, an end-user’s connection will be affected if the site or destination cannot serve all of the requests efficiently.
Limitations of the website or destination visited. In order to control traffic or performance, many websites limit the speeds at which a visitor can download from their site. Those limitations will carry through to an end-user’s connection.
The performance of customer premise equipment. Router performance may degrade over time, and certain routers are not capable of handling the maximum throughput available on a local loop. In addition, any firewall, filter or similar interface employed at a customer’s premise will reduce perceived access speeds as Internet traffic is delayed for analysis.
MetTel also provides Internet access products from third parties through its wholesale and resale relationships. MetTel may use any number of wholesale providers to deliver service, and those providers may have network management practices that differ from MetTel’s. MetTel will refer customers to the applicable providers’ policy upon request; however, MetTel reserves its right to change underlying providers without notice.
Redress Options. MetTel wants to promptly address questions about your service. Call us toll free for matters regarding customer care, billing, sales, or maintenance using the contacts provided at the following page: contact us. Please address any questions or concerns regarding this disclosure to email@example.com, using the subject line “Network Management Policy.”
Fiber to the Internet – Additional Terms
The following additional terms shall apply to Fiber to the Internet Service purchased by Customer (referred to herein as “we,” “us” or “our”):
NO WARRANTIES. WE DO NOT GUARANTEE THAT SERVICE CAN BE PROVISIONED TO YOUR LOCATION, OR THAT PROVISIONING WILL OCCUR ACCORDING TO A SPECIFIED SCHEDULE. THE PROVISIONING, PERFORMANCE AND SPEED OF THE SERVICE ARE SUBJECT TO CIRCUIT OR OTHER NETWORK FACILITY AVAILABILITY AND OTHER FACTORS, INCLUDING WITHOUT LIMITATION, LOOP LENGTH AND CONDITION, THE CONDITION OF WIRING INSIDE YOUR LOCATION, COMPUTER OR DEVICE CONFIGURATIONS AND CAPABILITIES, AS WELL AS NETWORK OR INTERNET CONGESTION, AMONG OTHER FACTORS. IN THE EVENT YOUR SERVICE IS NOT PROVISIONED FOR ANY REASON, NEITHER YOU NOR WE SHALL HAVE ANY DUTIES OR OBLIGATIONS UNDER THIS AGREEMENT (OTHER THAN YOUR OBLIGATION TO RETURN ANY EQUIPMENT PROVIDED TO YOU). WE DO NOT WARRANT THAT THE SERVICE OR EQUIPMENT PROVIDED BY US WILL MEET YOUR NEEDS, PERFORM AT A PARTICULAR SPEED, BANDWIDTH OR DATA THROUGHPUT RATE, OR WILL BE UNINTERRUPTED, ERROR-FREE, OR SECURE, OR FREE OF VIRUSES, WORMS, DISABLING CODE OR CONDITIONS, OR THE LIKE.
ADVICE OR INFORMATION GIVEN BY US OR ANY OF OUR REPRESENTATIVES, SUPPLIERS, SUBCONTRACTORS OR AGENTS, OR THEIR RESPECTIVE EMPLOYEES, AGENTS AND SUPPLIERS, SHALL NOT CREATE A WARRANTY. EXCEPT AS OTHERWISE EXPRESSLY PROVIDED HEREIN, WE AND EACH OF OUR AGENTS, THIRD PARTY LICENSORS, PROVIDERS AND SUPPLIERS DISCLAIM, WITH RESPECT TO ALL SERVICES, ANY AND ALL REPRESENTATIONS AND WARRANTIES, EXPRESS, IMPLIED OR ARISING BY COURSE OF PERFORMANCE, DEALING, CUSTOM OR TRADE USAGE, INCLUDING BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE (EVEN IF WE KNEW OR SHOULD HAVE KNOWN SUCH PURPOSE) AND NONINFRINGEMENT. YOU AGREE THAT THE SERVICE IS PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS.
Third Party Beneficiaries. YOU AGREE THAT ALL OF OUR RIGHTS, LIMITATIONS AND DISCLAIMERS STATED IN THIS AGREEMENT ALSO APPLY TO AND MAY BE EXERCISED OR ENFORCED BY OUR THIRD PARTY LICENSORS, PROVIDERS, SUBCONTRACTORS AND SUPPLIERS AS THIRD PARTY BENEFICIARIES OF THIS AGREEMENT.
Use of Service. You acknowledge and agree that you are solely responsible for all use of the Service (including without limitation the use of any assigned IP addresses and any secondary or sub-accounts associated with a primary account) and the manner in which the Service is used by you or anyone who uses the Service, with or without your permission. If you use a wireless router or similar device, you are responsible for securing your wireless network and for any use of the Service via your wireless network. You may not resell, re-provision or rent the Service to third parties (either for a fee or without charge) or allow third parties to use the Service via wired, wireless or other means. For example, you may not provide Internet access to third parties through a wired or wireless connection or use the Service to facilitate public Internet access (such as through a Wi-Fi hotspot). You may connect multiple computers/devices within a single office location to your Service router to access the Service, but only through a single account and the IP address(es) obtained from Us, and only for use by you and your Company. You agree not to use, or permit others to use, the Service in ways that (i) violate any law or applicable regulation, this Agreement (ii) infringe the rights of others, or (iii) interfere with the users, services, or equipment and software of our network or other networks. By way of example and not limitation, you agree not to distribute unsolicited advertising, chain letters or other unsolicited bulk electronic mail (i.e., spam); propagate computer worms, destructive programs or denial of service attacks or viruses; use a false identity; attempt to gain unauthorized entry to other computers, data or any site or network; distribute or store child pornography; distribute obscene or defamatory material over the Internet; or infringe copyrights, trademarks or other intellectual property rights. You further agree to comply with U.S. export laws concerning the transmission of technical data and other regulated materials via the Service. We reserve the right in our sole discretion to restrict, suspend or terminate your Service (or any portion thereof), with or without notice, if use of the Service by you or anyone using it, in our sole judgment, violates this Agreement, is unlawful or adversely affects or threatens our network or service, suppliers, contractors, other users or employees, including but not limited to, use that is prohibited or that generates excessive Internet traffic or emails.
You agree to comply with the terms of service that apply to any websites or other services you access on the Internet and agree that the third party provider of such services (and not us) is solely responsible for the delivery of its services(s) to you and your use of them. Third party services include, but are not limited to, portal, music, video, auction, security, financial, gaming, storage and photography services. You further agree to indemnify, defend and hold us harmless from and against any claims or liabilities that may result from your use of such third party services.
You acknowledge and agree that the reliability, availability and performance of data or services accessed through the Internet or other services connected or linked to the Service are beyond our control and are not in any way warranted or supported by us, our subcontractors or suppliers. You also agree to provide us with the access and support required to allow us to implement, maintain and provide the Services. We may take any action we deem appropriate, in our sole discretion, to maintain the high quality of our Service and to protect others and ourselves. In addition, you agree that your use of the Service and the Internet is solely at your own risk.
Entry to Your Service Location. You agree to allow us, including our suppliers and subcontractors, to enter your business during normal business hours by appointment to perform necessary activities related to the installation, inspection, repair, replacement or disconnection of our Service and equipment. You will allow us to make attachments and connections that are necessary to provide Service to you. If you are not the owner of the premises to be entered, you must supply proof that you are authorized to allow work to be done on such premises.
Indemnification. You agree to indemnify us and hold us harmless for any damages, costs, liabilities and attorneys' fees we incur from any claim arising from your use of the Services, or the use of your Service by others, including without limitation, violation of the copyrights, trademarks or other intellectual property rights of others, your combination of the Services with other products or services not provided by us, any modification of the Services, or any breach of this Agreement by you. In such event, you agree to conduct the defense and have control of the litigation and settlement, if any. However, you agree not to acquiesce to any judgment or enter into any settlement that adversely affects our rights or interests without our prior written consent. As the indemnifying party, you may not settle any claim under this section which includes an admission of criminal liability or the payment of a settlement amount without the prior written permission of the indemnified party.
F. Providing Information about You in Response to Legal Process. We reserve the right to provide information about your account and your use of the Service to our suppliers as well as to any other third parties as required or permitted by law (such as in response to a subpoena or court order), and to cooperate with law enforcement authorities in the investigation of any criminal or civil matter. Such cooperation may include, but is not limited to, providing information about your account, usage of Service and monitoring of the network consistent with applicable law. We may also report any facts or circumstances reported to us or that we discover from which it appears there may be a violation of the child pornography laws. We reserve the right to report any appropriate information including the identity of users, account information, images and other facts to law enforcement and the National Center for Missing and Exploited Children.
G. Equipment; Service Changes, Performance; Backup and Maintenance. H. IP Addresses.
(i) Equipment. You are solely responsible for obtaining, installing, configuring, and maintaining suitable equipment and software, including without limitation any necessary system or software updates, patches or other fixes, which are or may become necessary to access the Service, and to operate your computer. The preceding obligations apply regardless of whether we or a third party provided the software or hardware to you. Only the manufacturer's warranties included with any hardware or software provided by us shall apply. Hardware (routers or other equipment) provided is new or fully inspected and tested return unit under full warranty.
(ii) Service Performance.You understand that fiber bandwidth is provided on a per line basis, and that the speed and bandwidth available to each computer or device connected to the network will vary depending upon the number and types of computers or devices using the Service and the type of use (e.g., streaming media or downloading larger files), as well as based on network congestion and the speed of servers you access on the Internet, among other factors. The speed of the Service will vary based on network or Internet congestion, your computer configuration the condition of the wiring inside your location, among other factors. We and our suppliers reserve the right, at any time, with or without prior notice to you, to restrict or suspend the Service to perform maintenance activities and to maintain session control.
(iii) Monitoring System Performance. We may measure and monitor the performance of your Internet connection and usage levels in order to maintain and improve the level of Service. You agree to permit us to access your computer's settings in the event you request and we agree to provide customized technical support. You agree to permit us to access your computer and equipment and to monitor, adjust and record such data, profiles and settings for the purpose of providing the Service. You also consent to our monitoring of your Internet connection and network performance, and to our accessing and adjusting your computer and settings, as they relate to the Service or other services, which we may offer from time to time.
(iv) Changes to Service. We reserve the right to change the Service (or any part thereof) at any time with or without notice to you, including but not limited to available speeds and speed combinations, features, configurations, usage structure or levels, pricing methodology and other terms. If such a change materially and adversely affects your current access, usage or cost of Service, and we cannot reasonably mitigate its impact, then as your sole and exclusive remedy, you may terminate the Service without further obligation.
If we deem it necessary, you may be required to renumber the IP addresses assigned to you by us. Upon expiration, cancellation or termination of Service at your Service location for any reason, you agree to return to us any IP addresses or address blocks that we assigned to you.
I. Limitation of Liability.
IN NO EVENT SHALL WE, OUR THIRD PARTY LICENSORS, PROVIDERS OR SUPPLIERS BE LIABLE TO YOU FOR (A) ANY PUNITIVE, SPECIAL, CONSEQUENTIAL, INCIDENTAL OR INDIRECT DAMAGES INCLUDING WITHOUT LIMITATION, LOST PROFITS OR LOSS OR DAMAGE TO DATA ARISING OUT OF THE USE OR INABILITY TO USE SERVICES, EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, OR (B) ANY CLAIMS AGAINST YOU BY ANY THIRD PARTY.
J. Limitation of Damages.
OUR AGGREGATE LIABILITY TO YOU FOR ANY CAUSE OF ACTION OR CLAIM WHATSOEVER, INCLUDING, BUT NOT LIMITED TO, ANY NON-INSTALLATION, SECURITY BREACH, DELAY, FAILURE OR DISRUPTION OF SERVICES PROVIDED, REGARDLESS OF THE FORM OF ACTION, WHETHER IN CONTRACT OR TORT, OR OTHERWISE, SHALL NOT EXCEED A PRO RATA CREDIT FOR THE MONTHLY FEES (EXCLUDING ALL TAXES) YOU HAVE PAID TO US FOR THE SERVICE DURING THE SIX (6) MONTH PERIOD PRIOR TO WHEN SUCH CLAIM AROSE. SOME JURISDICTIONS DO NOT PERMIT THE EXCLUSION OF CERTAIN WARRANTIES OR THE LIMITATION OR EXCLUSION OF CONSEQUENTIAL OR INCIDENTAL DAMAGES. IN THESE JURISDICTIONS OUR LIABILITY SHALL BE LIMITED TO THE MAXIMUM EXTENT PERMITTED BY LAW.
K. Acceptable Use Policy
(i) General Policy:
We reserve the sole discretion to deny or restrict your Service, or immediately to suspend or terminate your Service, if the use of your Service by you or anyone using it, in our sole discretion, violates our policies or those of our subcontractors or vendors, is objectionable or unlawful, interferes with the functioning or any other person’s use of the Internet, our network, or the networks of our subcontractors or vendors, or violates the terms of this Agreement or applicable law.
(ii) Specific Examples of AUP Violations.
The following are examples of conduct which may lead to termination of your Service. Without limiting the general policy in Section K(i), it is a violation of the Agreement to: (a) access without permission or right the accounts or computer systems of others, to spoof the URL, DNS or IP addresses of us, or subcontractors or suppliers, or any other entity, or to penetrate the security measures of us or our subcontractors or suppliers or any other person’s computer system, or to attempt any of the foregoing; (b) transmit uninvited communications, data or information, or engage in other similar activities, including without limitation, “spamming”, “flaming” or denial of service attacks; (c) intercept, interfere with or redirect email or other transmissions sent by or to others; (d) introduce viruses, worms, harmful code or Trojan horses on the Internet; (e) engage in conduct that is defamatory, fraudulent, obscene or deceptive; (f) generate excessive amounts of email or other Internet traffic; (g) use the Service in any fashion for the transmission or dissemination of images containing child pornography or in a manner that is obscene, sexually explicit, cruel or racist in nature or which espouses, promotes or incites bigotry, hatred or racism; or (h) download or use the Service in countries prohibited by applicable law.
(iii) Copyright Infringement/Repeat Infringer Policy.
Neither you or anyone using the Service may store any material or use our systems or servers (or systems or servers of our subcontractors or suppliers) in any manner that constitutes an infringement of any intellectual property rights of us, our subcontractors or suppliers, or any other third party, including under U.S. copyright law. You understand and agree that any and all use of the Service is subject to such measures (including without limitation suspension and/or termination of Service) as we may implement in our discretion from time to time to ensure compliance with intellectual property rights, U.S. copyright law, and other applicable laws. These policies are in addition to and do not affect or modify any other rights we or our subcontractors or suppliers may have under law or contract. If you believe that copyrighted material has been used in violation of this policy or otherwise been made available on the Service in a manner that is not authorized by the copyright owner, its agent or the law, please contact us.
(iv) We and our subcontractors and suppliers may, but are not required to, monitor your compliance, and the compliance of other subscribers and users, with the terms, conditions or policies of this Agreement. You acknowledge that we and our subcontractors and suppliers shall have the right, but not the obligation, to pre-screen, refuse, move or remove any content available on the Service, including but not limited to content that violates the law or this Agreement.
We in our sole discretion from time to time may update and/or modify the Terms of this Agreement by providing notice to you and/or by posting changes on our website at www.mettelmobile.com or any successor location on our website.
Important Notification from the California Public Utilities Commission
PBX 9-1-1 Advisory Will your PBX direct emergency help to the right location? In an emergency seconds count!
The California Public Utilities Commission has directed all telecommunications providers offering Multiline Business Telephone Services in the state to distribute a copy of their PBX 9-1-1 Advisory to all business customers.
Download a copy of the brochure for your information, attention and appropriate action here