Legal Documents

Annual Subscriber Notice & Privacy Policy

This notice contains important information concerning your cable television services. We provide this notice as a service to our customers and in accordance with applicable federal law and FCC regulations. It is important to us that you are informed about the services we provide, our policies and procedures, and your rights as a customer. We encourage you to review the following information and contact us at 704-482-8112 with any questions.

CABLE NOTICE:
Customer Privacy

Personally identifiable subscriber information; restrictions on access. To provide video and other services, we collect and maintain personally identifiable information concerning customers. That information may include name, address, phone number, social security number, driver’s license number, billing records, service maintenance and repair records, premium service subscription information, marketing information, and customer complaints. Except as indicated below under Disclosure prohibited; exceptions, all personally identifiable information is used for the normal business purpose of offering and providing cable television service and other services to you. Only persons authorized by us may access this information. Persons authorized to access customer information include our employees and sales agents, billing and collections services, accountants, and other businesses that provide products and services to us. These persons may access customer information on a regular basis. We maintain certain customer information for as long as we provide service to a customer and for a commercially reasonable time thereafter. Other customer information is periodically destroyed.

Disclosure prohibited; exceptions. Federal law prohibits the disclosure of your personally identifiable subscriber information without your consent, except under the following circumstances:

  • Business activities. We may disclose customer information in order to conduct business activities related to providing cable service or other services.
  • Unauthorized reception of cable service. We may disclose customer information in order to detect unauthorized reception of our cable service.
  • Names and addresses to third parties. We may disclose names and addresses to third parties for the purposes of mailing lists, charities, and direct mail marketing, unless you notify us in writing that you do not wish us to disclose it. You may write to us at any time with this request.
  • Court order. We must disclose personally identifiable information without your consent if we are required to do so by a court order. If we are served with a court order requiring disclosure, we will promptly inform you before releasing any information. You will then have an opportunity to contest the order.
  • Law enforcement request. We may also disclose personally identifiable information without your consent when requested by law enforcement under certain circumstances.

Customer rights. As a customer, you may review the personal information we maintain about you by contacting us and making an appointment to meet at our office during normal business hours. We will need a reasonable amount of time to collect your information and remove any references to other customers. You may request correction of any errors in the personal information we collect or maintain pertaining to you. You have the right under federal law to enforce your cable privacy rights through a civil action in federal district court.

Customer Service

Complaint procedures. At RST, providing high-quality customer care and technical service is our top priority. We endeavor to resolve any complaints concerning cable television or other services as soon as possible. Please use the following procedures to help us resolve your complaints:

  1. Contact our Customer Service Department at 704-482-8112. Our call center is open weekdays from 8 am to 5 pm. An answering service may take your message at other times.
  2. During these hours, you may speak with a Customer Service Representative (CSR). Our CSR will attempt to determine the nature of the problem. If the problem cannot be resolved over the phone, the CSR will schedule a Service Technician to visit your home, usually by the next business day.
  3. If you do not call during our normal business hours, leave a complete message with the answering service, including your name, address, work and home telephone numbers, and a brief description of the problem. When possible, a Service Technician will be dispatched by the next business day to fix the problem. In other cases, the answering service will forward the message to our office, and we will contact you during normal business hours.
  4. Emergencies such as fallen trees or utility poles, violent storms, or very cold weather may interfere with cable or other services. We promptly dispatch our crews to correct any emergency. Please keep in mind that some emergency situations may affect a large service area, and it may take several days to resume full service to the entire area.
  5. We maintain complaint records for at least one year. Those records are available for inspection by the applicable local franchise authority and the FCC.If a problem is not resolved to your satisfaction, you may write or call us with concerns or complaints. You may also contact your local franchise authority at the address on the attached list.

Services and prices. Please contact us at 704-482-8112 or visit our website at www.rstfiber.com for information on services and prices including:

  • Products and services offered
  • Prices and options for subscribing to services
  • Channel positions
  • Installation and maintenance policies and prices
  • Instructions for using our cable service
Equipment Compatibility
Set-top boxes. Some models of TV receivers and other devices (VCRs, DVD Players, TiVo, etc.) may not be able to receive all of the channels offered on our system. Channel compatibility problems may occur if TVs and certain other equipment are connected directly to the cable system. Use of a set-top box typically resolves these problems. Channel compatibility problems associated with the reception of programming that is not scrambled or encrypted programming can be resolved by using a simple converter device without descrambling or decryption capabilities. Converters are available from RST Communications and may be available from retail outlets in some areas.

If your service is received through a set-top box, you may not be able to use special features and functions on certain TVs and other devices. For example, some set-top boxes may not be compatible with features that allow you to view a program on one channel while simultaneously recording a program on another channel; record two or more consecutive programs that appear on different channels; or use advanced picture generation, and display features such as “Picture-in-Picture.”

Special equipment. Scrambling or encryption technologies may affect your reception of signals. We offer special equipment to customers encountering these problems.

CableCARDS. We offer CableCARDS to allow access to the digital cable services we offer without a set-top box. Pricing and installation information can be found at: www.rstfiber.com

Remote control devices. Remote control devices available from retail outlets may be compatible with our set-top boxes.

Unauthorized Reception of Cable Service
Federal and state laws make it a crime to receive, or assist another in receiving, any cable service without our express authorization. Violators face substantial criminal penalties including fines and imprisonment. In addition, we are entitled under the law to sue cable thieves in federal or state court and obtain injunctions and substantial damages. Reception of any cable service without our express authorization is prohibited.
Franchise Authority Contact Information
State of North Carolina
Department of the Secretary of State
P.O Box 29622, Raleigh
NC 27626-0622

Phone: 919-807-2225

 

Authorized Use Policy

This document, RST’s Acceptable Use Policy (“AUP”), governs the use of Internet related services provided by RST. All contractual terms also apply.

CONTENTS:
I. Introduction

In this AUP, “Service(s)” refers to any Internet related service you receive from RST or its affiliates including, but not limited to, High Speed Internet Access, Dedicated Internet access, Managed Service, web hosting, data center hosting, Enterprise hosting, or Unified Messaging. By using any Service you agree to abide by and be bound by the terms and conditions of this AUP. This AUP may be revised by RST at any time by posting on our website.

II. Violation of this Acceptable Use Policy

Violation of this AUP may result in RST taking actions ranging from a warning to a suspension of privileges or termination of Services. RST may, but is under no obligation, to: (i) provide you with advance notice of an AUP violation, via e-mail or otherwise, and (ii) request that such violation be immediately corrected prior to taking action. RST reserves the right to act immediately and without notice to suspend or terminate Services (x) in response to a court order or other legal requirement that certain conduct be stopped or (y) when RST determines, in its sole discretion that the conduct may:

  • Expose RST to sanctions, prosecution or civil action;
  • Cause harm to or interfere with the integrity or normal operations of RST’s networks or facilities;
  • Interfere with another person’s use of RST’s services or the Internet;
  • Damage or disparage the reputation of RST or its services; or
  • Otherwise present a risk of harm to RST or RST’s customers or their employees, officers, directors, agents, or other representatives.

RST: (i) may refer potential violations of laws to the proper authorities; (ii) may cooperate in the investigation of any suspected criminal or civil wrong; and (iii) will cooperate with authorities when required to do so by law, subpoena, or when the public safety is at stake. RST assumes no obligation to inform you that your information has been provided to law enforcement authorities and, in some cases, may be prohibited by law from providing such notice. RST shall not be liable for any damages of any nature suffered by you or any other customer, user, or third party resulting in whole or in part from RST’s exercise of its rights under this AUP.

III. Prohibited Uses and Activities

General Use Policy
You are responsible for complying with the AUP. You are also responsible for the actions of others who may be using the Services under your account. You must respond in a timely manner to complaints concerning the Services. If RST is alerted to or otherwise becomes aware of violations or potential violations of this AUP, RST will take whatever measures it deems necessary and appropriate to stop or prevent those violations.

Abuse of e-mail; Spamming
Mass e-mailing and “mail-bombing” (sending mass e-mail or deliberately sending excessively large attachments to one recipient) are prohibited. Business-class accounts may have different volume limitations and usage will be judged by type of account and the use. Forging e-mail headers (transmission information) is prohibited. Using another computer, without authorization, to send e-mail messages or to retransmit e-mail messages for the purpose of misleading recipients as to the origin is prohibited. Use of e-mail to harass or intimidate other users is prohibited.

Violation of the CAN-SPAM Act of 2003, or of any state or federal law regulating e-mail, is a violation of this AUP and RST reserves the right to seek damages and other available relief against you and/or any third parties as applicable. For purposes of this AUP, such violations are determined by RST in its sole discretion.

No Resale/Sharing of Services
You are prohibited from reselling the Service or otherwise making the Service available to third parties (for example, through Wi-Fi or other methods of networking), in whole or in part, directly or indirectly, unless expressly permitted by your Business Services Agreement.

For residential accounts, you agree that you will not make the Services available to anyone other than your family and household guests within the residence receiving service. For business accounts, except as provided in an applicable Business Services Agreement, you agree that you will not make the Service available to anyone other than your business or your business’s authorized employees.

IV. Customer Conduct

Facilitating a Violation of this AUP
You are prohibited from advertising, transmitting, or otherwise making available any software, program, product, or service that is designed to violate or facilitate a violation of this AUP and/or any law. This includes, but is not limited to, the facilitation of the means to spam, infringe on copyrights, and pirate software.

Illegal Activity; Tortious Conduct
Any use of the Services to violate any local, state or federal law or regulation also violates this AUP. Prohibited activities include, but are not limited to:

  • Transmitting any defamatory, libelous, fraudulent, deceptive, indecent, offensive or obscene materials;
  • Using the Services to deliver spyware, or secretly or deceptively obtain the personal information of third parties (e.g., phishing);
  • Intentionally spreading computer viruses;
  • Exporting software or technical information in violation of U.S. export control laws;
  • Gaining unauthorized access to private networks;
  • Engaging in the transmission of pirated software;
  • Unauthorized copying, distribution or display of copyrighted material;
  • Conducting or participating in illegal gambling;
  • Soliciting for illegal pyramid schemes through e-mail or USENET postings;
  • Conducting or participating in unsolicited advertising, promotional materials or other forms of solicitation to any person except in those areas and on those websites that are designated for such a purpose;
  • Violating rules, regulations, and policies applicable to any network, server, computer database, web site, or ISP that you access through the Services;
  • Threatening, harassing, abusing, or intimidating others;
  • Engaging in activity, illegal or not, that RST determines in its sole discretion to be harmful to its subscribers, operations, or networks;
  • Making fraudulent offers of products, items or services; or
  • Creating or attempting to utilize a domain name that is defamatory, fraudulent, indecent, offensive, deceptive, threatening, abusive, harassing, or which damages the name or reputation of RST.

Third Party Rules
You may have access through the Services to search engines, subscription Web services, chat areas, bulletin boards, Web pages, USENET, social networking sites or other services that promulgate rules, guidelines or agreements to govern their use. Failure to adhere to any such rules, guidelines, or agreements shall be a violation of this AUP. RST reserves the right not to accept postings from newsgroups where we have actual knowledge that the content of the newsgroup violates the AUP.

No Equipment Tampering
You will not service, alter, modify or tamper with any RST Equipment or Service or permit any other person to do the same without RST’s prior authorization. You will not disrupt or interfere with the normal operation of RST’s systems, networks or activities in any way that adversely affects the ability of other people or systems to use RST’s services or the Internet, including, but not limited to: (i) denial of service attacks; (ii) flooding of networks; (iii) attempts to overload a service; and (iv) attempts to cause system crashes. You will not use any unauthorized program to connect the user to any RST Internet Relay Chat (“IRC”) server, including, but not limited to IRC bots or clonebots.

V. Network Management

As permitted by law, RST may establish appropriate limitations on bandwidth, data storage, or other aspects of the Service by amending this AUP. Subscribers must comply with all such limitations prescribed by RST.

Network Security
It is your responsibility to ensure the security of your network and the equipment that connects to the Services. You are required to take all necessary steps to secure and manage the use of the Services in such a way to assure that network abuse and/or fraudulent activity is prevented. Violations of system or network security may result in criminal and/or civil liability.

Failing to secure your system against abuse or fraudulent activity is a violation of this AUP. You are responsible for configuring and securing your network and the Services to prevent unauthorized access to your systems and/or the RST network. You are also responsible for any fraudulent activity that may occur due to your failure to secure your network and the Services. You will be responsible if unknown third parties utilize the Services at any time for the purpose of illegally distributing licensed software, engaging in abusive behavior or engaging in any type of fraudulent conduct. You may not, through action or inaction (e.g. failure to secure your network), allow others to use your network for illegal, fraudulent or inappropriate uses, and/or any other disruptive, provoking, or abusive behavior that is in violation of these guidelines.

Responsibility for Content
You are responsible for any content you offer or receive through the Service.

Password Security
If applicable, your password provides access to your individual account. It is your responsibility to keep your password secure. You are responsible for any and all access to or use of the Services through your account. Attempting to obtain another user’s account password is prohibited.

Web Hosting and Data Center Hosting Surveillance
RST performs routine surveillance of its networks in connection with its web hosting, data center hosting, and related services. Although RST will not, as an ordinary practice, proactively monitor your activities for violations of this AUP, there may be instances in which RST, through its routine surveillance finds violations of this AUP, and reserves the right to take whatever action it deems appropriate in its sole discretion.

VI. Contact Information

Contact for Reporting Abuse
Any party seeking to report a violation of this AUP may contact us via e-mail at: AUP@rstfiber.com

Contact for Copyright Infringement
RST complies with the Online Copyright Infringement Liability Limitation Act of 1998. 17 U.S.C. § 512 (“Act”). As required by the Act, we have a policy that reserves our right to terminate services to subscribers who repeatedly infringe copyrights. If we receive a determination that any subscriber or account holder has infringed another’s copyright through the use of our system or network, we reserve the right to terminate service to that subscriber after receiving notice of any further copyright infringement by that subscriber. RST accommodates and does not interfere with standard technical measures to identify and protect copyrighted works, subject to the limitations of the Act.

Notices and counter-notices related to claimed copyright infringements should be directed to the following designated agent:

Richard M. White,
1161 E. Marion St., Box 225
Shelby, NC 28150
Telephone: (704) 482-8112
Email: copyright@rstfiber.com

 

RST Franchise Authority

RST Global and its subsidiaries operate under a franchise granted by the State of North Carolina.

Consumer complaints should be directed to the:
NC Department of Justice
Email: www.ncdoj.com
Telephone: (919) 716-6400

 

Net Neutrality Disclosures

Consistent with FCC regulations*, RST provides this information about our broadband Internet access services. Our broadband Internet access services include our “High Speed Internet” service offered through Fiber-to-the-Home (“FTTH”) technology.

We provide this High Speed Internet service through the network that we own and manage. We welcome questions or comments about the information contained in these disclosures. You may contact us at 704-482-8112.

NETWORK PRACTICES:
General Description

We provide a variety of High Speed Internet service offerings to our residential and business customers. We provide the service over our broadband network connecting directly to the Internet backbone. We monitor our network and traffic patterns and make changes we deem necessary to manage and improve overall network performance. We use reasonable nondiscriminatory network management practices to improve overall network performance to ensure a high-quality online experience for all users. Our network management practices do not target any specific content, application, service, or device. As network management issues arise and as technology develops, we may employ additional or new network management practices. We will update these disclosures as necessary.

Related Documents and Disclosures

Our High Speed Internet service is also described and governed by:

Congestion Management

We describe in this section network management practices used to address congestion on our network.

Congestion management practices used.

Network monitoring: We monitor our network for utilization trends. We receive regular reports showing changes in network traffic and congestion. We use this information to plan increases in bandwidth available, port additions, or additional connectivity to the Internet.

Types of traffic affected: Our congestion management practices do not target any specific content, application, service, or device.

Purposes of congestion management practices: Our broadband Internet network is a shared network. This means that our customers share upstream and downstream bandwidth. The goal of our congestion management practices is to enable better network availability and speeds for all users. Our congestion management practices serve to:

  • Help us adapt and upgrade our network to maintain or improve network performance as demand for our broadband Internet access service increases.
  • Help us adapt and upgrade our network to maintain or improve network performance as demand for higher bandwidth applications increases. Some examples of higher bandwidth applications are gaming, streaming movies, and streaming high definition video.

Congestion management criteria.

  • Network monitoring. Our network monitoring provides data to help us plan upgrades to our network, equipment, technology, and connectivity to the Internet. As demand for our broadband Internet access service increases, and as demand for higher bandwidth applications increases, we monitor effects on network performance and plan upgrades as we deem necessary. We have not established specific criteria to govern our upgrade decisions.
  • Effects on end user experience. Because our High Speed Internet network is a shared network, periods of high network demand may result in Internet traffic congestion. End users may experience reduced bandwidth or speed during these times.
  • Typical frequency of congestion. Congestion tends to occur during periods of peak demand for higher bandwidth applications. Generally, the frequency of congestion tends to increase during 7 pm – 11 pm, especially on Friday and Saturday nights.
Application-Specific Practices

This section discloses any application-specific practices we use, if any.

Management of specific protocols or protocol ports. To protect the security of our network and our customers, we block known hostile ports.

Modification of protocol fields. None.

Applications or classes of applications inhibited or favored. None.

Device Attachment Rules

This section addresses any limitations on attaching lawful devices to our network.

General restrictions on types of devices to connect to network. We place no general restrictions on lawful devices that a customer may connect our network, so long as the device is: (i) compatible with our network; and (ii) does not harm our network or other users. Our High Speed Internet service works with most types of PCs and laptops including Macs, and other Internet compatible devices like game systems and Internet-enabled TVs. If a wireless router is connected to our High Speed Internet service, wireless Internet compatible devices including computers, tablets, smartphones, and other devices can connect to our network. If a customer or potential customer believes they have an unusual configuration, our customer service department will help determine if there is a compatibility problem.

Certain equipment is required to connect to our network for High Speed Internet service.

  • FTTH Equipment. To use our High Speed Internet service delivered via FTTH, we must install an Optical Network Terminal (OTN) at the customer’s premises. The OTN then connects via a Ethernet cable either directly to a computer or to a device called a Residential Gateway (RG). The customer connects a computer or other Internet enabled device to the RG through a Network Interface Card (NIC) for a wired connection or through a wireless antenna for a wireless device. A customer may obtain an RG from RST or may use a compatible commercially available RG. If a customer has a question about RG compatibility, our customer service department will help.
Network and End User Security

This section provides a general description of the practices we use to maintain security of our network.

Practices used to ensure end user security, including triggering conditions.

  • Hostile port blocking: We block known hostile ports to prevent unwanted files, browser hacking and virus attacks.
  • Virus and Spam filtering: We provide a firewall on our internal network, however our customers provide for their own firewalls, email and website security.
PERFORMANCE CHARACTERISTICS:
General Service Description

Our High Speed Internet service enables a customer to connect an Internet-enabled device through either a wired or wireless connection. Through our High Speed Internet service, we serve as a local Internet service provider. Our High Speed Internet service enables residential and commercial subscribers to access all lawful content, applications, and services of their choice available on the Internet.

Service technology. We deliver our High Speed Internet service through FTTH service technology. We describe the equipment required to connect a computer or other device to the Internet in the device attachment section above. Our network is a shared network, which means that our customers share upstream and downstream bandwidth.

Expected and Actual Speeds and Latency

We offer customers a variety High Speed Internet service levels. We provide a description of the expected maximum transfer speeds associated with each service level on our website, available at www.rstfiber.com.

Speed. The speeds we identify for each High Speed Internet service level are the maximum upload and download speeds that customers are likely to experience. We provision our customers’ modems and engineer our network to deliver the speeds to which our customers subscribe. However, we do not guarantee that a customer will actually achieve those speeds at all times. A variety of factors can affect upload and download speeds, including customer equipment, network equipment, congestion in our network, congestion beyond our network, performance issues with an Internet application, content, or service, and more.

Latency. Latency is another measurement of Internet performance. Latency is the time delay in transmitting or receiving packets on a network. Latency is primarily a function of the distance between two points of transmission, but also can be affected by the quality of the network or networks used in transmission. Latency is typically measured in milliseconds, and generally has no significant impact on typical everyday Internet usage. As latency varies based on any number of factors, most importantly the distance between a customer’s computer and the ultimate Internet destination (as well as the number and variety of networks your packets cross), it is not possible to provide customers with a single figure that will define latency as part of a user experience.

Actual speed and latency performance. Actual speed and latency may vary depending upon network conditions and other factors. Actual performance of our High Speed Internet access service in most cases will conform to national wireline broadband Internet speed and latency levels reported by the FCC**.

  • FTTH. The FCC has reported that customers of fiber-to-the-home based broadband Internet services receive mean download speeds that are within 114% of advertised speeds during non-peak hours, and 113.5% of advertised speeds during peak hours. In addition, the FCC has reported that these same customers experience average latency delays of 17 milliseconds, increasing by an average of 18 milliseconds during peak hours.

Customer Speed Test. www.speedtest.net

Suitability of the Service for Real-time Applications. Our High Speed Internet service is suitable for typical real-time applications including messaging, voice applications, video chat applications, gaming, and Internet video. If users or developers have questions about particular real-time applications, please contact us through the contact information provided on page 1.

**See FCC’s Office of Engineering and Technology and Consumer Affairs Bureau, Measuring Broadband, A Report on Consumer Wireline Broadband Performance in the U.S., OET CGB DOC-308828A1, pp. 4-6 (Aug. 2, 2011) (available at: http://transition.fcc.gov/cgb/measuringbroadbandreport/Measuring_U.S._-_Main_Report_Full.pdf).

Specialized Services Offered to End Users

We offer several specialized services over our network, sharing network capacity with our High Speed Internet service. Specialized services include Internet Protocol Television, and dedicated bandwidth to high volume business users, and video monitoring services.

Effects of specialized services on availability and performance of broadband Internet access service. Our specialized services have no effect on the availability and performance of our High Speed Internet service.

COMMERCIAL TERMS:
Prices

Monthly prices for our High Speed Internet service and additional network services are available at www.rstfiber.com.

Privacy Policies

We do not disclose High Speed Internet service customer or use information to third parties except: (i) as necessary to provide our High Speed Internet service and to manage our network; or (ii) in response to law enforcement requests, court order, or as otherwise required or authorized by law.

Inspection of network traffic. We routinely monitor network and traffic patterns.

  • Virus and Spam filtering: We filter email and website traffic for virus activity and Spam using industry standard virus scanning and prevention techniques. Should an email message be found to contain a virus or other harmful content, the message will be deleted without notification given to either the sender or the intended recipient(s).

Storage of network traffic information. Dynamic Host Configuration Protocol (DHCP) information is a code included in all network traffic that associates that traffic with a particular modem sending or receiving the traffic. We store DHCP information for at least 2 weeks.

Provision of network traffic information to third parties. We do not disclose High Speed Internet service customer or use information to third parties except: (i) as necessary to provide our High Speed Internet service and to manage our network; or (ii) in response to law enforcement requests, court order, or as otherwise required by law.

Use of network traffic information for non-network management purposes. We do not disclose High Speed Internet service customer or use information to third parties except: (i) as necessary to provide our High Speed Internet service and to manage our network; or (ii) in response to law enforcement requests, court order, or as otherwise required by law.

Redress Options

End users or edge providers with complaints or questions relating to these disclosures should contact us through the contact information provided on page 1.

Practices for resolving end-user and edge provider complaints and questions. We will endeavor to answer questions promptly via email or voice. For complaints, we will provide an initial response in writing within 15 business days of receipt. We will attempt to resolve complaints informally, escalating the matter to senior management if needed.

*47 CFR 8.3 and In re: Preserving the Open Internet, Broadband Industry Practices, Report and Order, 22 FCC Rcd 17905 (2010).