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Terms and Conditions

DFT Open Internet Transparency

GENERAL POLICY STATEMENT:

The following policies apply to mass market broadband Internet services offered by DFT Communications.  Customers are encouraged to familiarize themselves with the following policies which are deemed part of their Service Agreement.  By using DFT Communications’ Internet service, customer accepts and agrees to be bound by these policies.  In doing so, customer further agrees that customer is solely responsible for compliance with these terms by third parties, such as friends and family members, who may use customer’s service, with or without permission, to access the broadband network.

 

DFT Communications’ policy is to provide reliable access to the Internet for its customers in a manner that does not unduly discriminate.  As used in this document, “customer” generally refers to residential and small business users (i.e., mass market) and may be differentiated from “enterprise” users who tend to be larger business with specialized broadband and IT needs.  Enterprise customers may require services that are custom tailored to a specific project and individually priced based on the needs and criteria established by the enterprise customer and if so, those services may be governed by other use policies and agreements specific to that enterprise user.

TRANSPARENCY STATEMENT:

DFT Communications does not block, throttle, or discriminate against, any lawful website or Internet application. DFT Communications does not engage in Paid Prioritization nor does it prioritize its own, or its affiliates’, internet traffic over that of any other lawful provider.

 

With respect to broadband Internet access services, DFT Communications supports the ability of users to select and attach the equipment of their choice to the network so long as that equipment: (i) is used for a lawful purpose consistent with DFT Communications’ Acceptable Use Policy; and (ii) does not harm the network or degrade network performance for other users. For a list of frequently asked questions about DFT Communications and Net Neutrality, please refer to our DFT Network Neutrality Q&A statement.

I. NETWORK SERVICES AND SYSTEM PERFORMANCE:

DFT Communications provides services via Digital Subscriber Line, fiberoptic and fixed wireless technologies.  A description of services availability including terms and conditions and prices may be found at http://dftcommunications.com.  While some broadband services may be less suitable than others for specific applications, DFT Communications’ services are generally capable of supporting Voice over IP (VoIP), gaming, web surfing, and most streaming video applications.

 

DFT Communications manages its network to minimize or avoid blockage and congestion, which may slow down actual speeds experienced by customers particularly at “peak periods” in which network utilization is highest.  In the event of network congestion, DFT Communications does not prioritize performance within mass market services based on either tier of service purchased or volume of data exchanged.

 

As of July 1, 2018, DFT Communications network monitoring reports show utilization below 100% at peak periods indicating that its network consistently provides speeds as expected by customers with little or no degradation in service.  These results were effective as of the dates / times indicated and may be updated from time to time at DFT Communications’ discretion.

 

DFT Communications provisions its customers’ modems and engineers its network to ensure that its customers can enjoy the speeds to which they subscribe.  However, DFT Communications does not guarantee that a customer will achieve the advertised speeds at all times.  DFT Communications advertises its speeds as “up to” a specific level based on the tier of service to which a customer subscribes.

 

The actual speed that a customer will experience while using the Internet depends upon a variety of conditions, many of which are beyond the control of DFT Communications. These conditions include but are not limited to i) performance of a customer’s broadband device, including its age, processing capability, its operating system, the number of applications running simultaneously, and the presence of any adware and viruses; ii) type of connection between a customer’s computer and broadband access device.  For example, wireless connections may be slower than direct connections into a router or broadband access device.  iii) the distance packets travel (round trip time of packets) between a customer’s computer and its final destination on the Internet; iv) Congestion or high usage levels at the website or destination; and v) gating of speeds or access by the website or destination deployed by the site owners to manage traffic or performance.

 

DFT Communications provides a tool for testing your broadband connection:

 

http://speedtest.netsync.net or http://www.speedtest.net/

 

Additionally, there are publicly available speed tests that measure Internet performance.  All speed tests have biases and flaws and each of these tests measure limited aspects of an ISP’s speed and therefore must be viewed as a guide rather than definitive measurements of performance.

II. NETWORK MANAGEMENT

DFT Communications utilizes a redundant network architecture that is designed to meet users demand at peak periods.  DFT Communications deploys generally accepted technical measures to provide acceptable service levels to all customers, such as application-neutral bandwidth allocation, as well as measures to address service attacks, illegal content and other harmful activities as necessary to protect network integrity and reliability.  In doing so, we follow standard best efforts for Internet delivery with respect to allocation of capacity without differentiation among applications, providers, or sources.  As described further in our Acceptable Use Policy, in DFT Communications reserves the right to prioritize traffic applications during heavy congestion periods based on generally accepted technical measures that do not unduly discriminate based on site nature or content.

 

DFT Communications utilizes standard industry practices for safeguarding children, intellectual property rights and customers’ privacy and security.  DFT Communications complies with applicable laws and regulations, including the Children’s Online Privacy Protection Act, which requires the consent of a parent or guardian for the collection of personally identifiable information from children under 13 as well as the Online Copyright Infringement Liability Limitations Act, a portion of the Digital Millennium Copyright Act that allows Internet service providers to remove or disconnect customer access to copyright infringing material.

 

Subject to the terms of DFT Communications’ Acceptable Use Policy and service agreements, customers may generally attach the devices of their choice and run the applications of their choice, subject to the limitations of their data plan.  Fixed wireless platforms must be provided by or leased from DFT Communications.  DFT Communications is not responsible for the compatibility, suitability or functionality of any equipment that is provided by the customer or any third party, and the customer remains fully responsible for ensuring that any such equipment does not cause any harm to the network or degrade the service of other users.

III. COMMERCIAL TERMS

Available services, terms and conditions, restrictions, limitations and service prices for DFT Communications broadband network access services may be found at: http://dftcommunications.com

IV. ACCEPTABLE USE POLICY

Important additional terms regarding the use of service can be found in our Acceptable Use Policy located at https://www.dftcommunications.com/terms-and-conditions/  The AUP outlines the following: (i) prohibited uses and activities; (ii) customer conduct and features of the service; (iii) actions deemed to be a violation of the AUP and penalties for such violations; and (iv) intellectual property, copyright and Digital Millennium Copyright Act (“DMCA”) requirements, including designated agent information required for the ISP to qualify for the liability protections afforded ISPs by the DMCA.

V. QUESTIONS? PROBLEMS? CONCERNS?

Any questions, problems, or concerns about DFT Communications service by customers, potential customers, or application or site providers can be addressed to DFT Communications:

 

By email info@dftel.com
By mail Network Operations Supervisor
DFT Communications
PO Box 209
Fredonia, New York 14063-0209
By phone Network Operations Supervisor / 716-673-3000

 

When contacting DFT Communications please provide as much information as possible including dates, times, IP addresses, user names, and specific terms associated with the reported issue. DFT Communications may require an email or phone number to respond should we not have an immediate response to the reported issue not be feasible.

 

Last Edited: 06/24/2024