Gervais Telephone Cooperative, d.b.a. DataVision Cooperative (hereafter referred to as “DataVision COOP”) is committed to facilitating delivery of an open Internet through the promulgation of this Open Internet Policy for the company provided Internet Service. DataVision COOP seeks to foster transparency in how it provides internet service through its own facilities and those of third party providers on issues of internet traffic congestion such as when and if blocking occurs, whether rate controls are applied and whether certain applications or class of applications are favored.
No Impairment, Blocking or Delay
DataVision COOP does not:
- Discriminate among specific uses, or class of uses, of its network
- Impair, degrade or delay VoIP applications or services that compete with its voice services or those of its affiliates
- Impair, degrade, delay or otherwise inhibit access by customers to lawful content, applications, services or non-harmful devices
- Demand pay-for-priority or similar arrangements that directly or indirectly favor some traffic over other traffic
- Prioritize its own application, services or devices or those of its affiliates
- Does not block lawful content, applications services, or non-harmful devices, subject to reasonable network management (see below)
No Unreasonable Discrimination
DataVision COOP does not unreasonably discriminate in transmitting lawful network traffic over a customer’s broadband Internet access service, subject to reasonable network management. In no case will DataVision COOP discriminate among customers on the basis of the type of lawful content, applications, services or devices which the customer uses. Reasonable network management practices are set out below.
Network Management Practices
DataVision COOP manages its network to provide quality service to its customers and does not utilize measures to control usage or to control congestion and does not block legal Internet traffic (but does block that traffic that constitutes child pornography, material that constitutes copyright infringement or the transmission of spam email and other improper uses). DataVision COOP and its third party providers do block specific ports at times to protect the security and integrity of the network and at the same time blocks unwanted traffic such as spam viruses and denial of service attacks by filtering all Net BIOS ports coming in from the Internet and going out to the Internet, as well as preventing computers infected with viruses from sending out unsolicited Internet traffic by filtering that specific port. In addition, DataVision COOP will block unlawful content if notified by an appropriate authority.
Where feasible, DataVision COOP will address congestion issues through improvements to its network or the capacity purchased from other providers needed to connect to the outside world.
Such processes take time to implement and may not be feasible in all situations. Therefore, DataVision COOP reserves the right to monitor, identify and manage which customer accounts are using the greatest amount of bandwidth during periods of heavy congestion. This means that the affected customers will still be able to access the Internet and engage in activities that they desire, but during certain periods of time they may experience conditions such as longer times to download or upload files, slower access and slower movements during online gaming. It is expected that any periods of traffic management due to congestion will be brief and infrequent.
Customers may use any lawful and commercially available application which they desire. DataVision COOP does not normally monitor the contents of the traffic or applications of the customers and undertakes no obligation to monitor or investigate the lawfulness of any specific application used by a customer. DataVision COOP will take steps regarding an application specific behavior by a customer if there is a reasonable belief that the application will cause harm to DataVision COOP’s network or is unlawful, including but not limited to, violations of intellectual property rights.
Customers may use any lawful, compatible type-accepted and commercially available device which they desire on the network provided by DataVision COOP, as long as such device does not harm the network and is not unlawful.
While DataVision COOP uses various security measures it deems appropriate, DataVision COOP undertakes no obligation to monitor or protect customer traffic from spam, viruses, denial of service attacks or other malicious, unlawful or unwarranted activities nor do we guarantee the security measures we provide will be effective. DataVision COOP does not guarantee that it can protect customers from any or all security breaches. The customer is using this service at his or her own risk. Customers are cautioned to purchase their own spam filtering, ransomware and antivirus software from commercial vendors to meet their needs. However, a customer that is subject to spam, virus, denial of service attack or similar malicious, unlawful or unwarranted activities is urged to contact DataVision COOP as soon as possible. DataVision COOP will work with the customer on how the customer can take appropriate and economically reasonable efforts to address the matter.
Pricing and levels of service provided by DataVision COOP can be found at www.datavision.coop/internet-services. The service type is either DSL over copper or fiber optic transmission. Download speeds range from 15 Mbps to 100 Mbps. Upload speeds range from 5 Mbps to 50 Mbps.
Latency is not a significant issue with the packages offered by DataVision COOP. However, actual speeds and delay times or latency are impacted by the length, capacity and congestion of transport facilities purchased by DataVision COOP from third-party providers. DataVision COOP cannot guarantee that it will be able to obtain capacity from these third party providers at commercially reasonable prices if and when additional third party capacity is needed to reach Internet nodes.
Subject to network management considerations, DataVision COOP, does not impose data caps. DataVision COOP’s ability to deliver the speeds set forth above may be affected by significant use of specialized services such as Internet-based video services. This is a growing area and its effect on DataVision COOP’s ability to provide service at the speeds listed above are unknown at this time
DATAVISION COOPS DOES NOT COLLECT, STORE OR USE TRAFFIC INFORMATION TO PROFILE ITS CUSTOMERS IN ORDER TO SELL ADDITIONAL SERVICES TO THEM OR FOR NON-NETWORK MANAGEMENT PURPOSES.
Terms of Service and Authorized Use
The commercial terms of DataVision COOP’s Internet access services is set forth in its Terms and Conditions. Information on DataVision COOP’s Authorized Use can be found in its Authorized Use Policy on the company website at www.datavision.coop, under the About Us tab.
Amendments/Reservations of Rights
In the event of any conflict between material found on other links on DataVision COOP’s web site and this Open Internet Policy, the more specific terms at the other link shall control. DataVision COOP may modify this Policy and other policies it has linked for the customer from time to time at its own discretion. Notice of such changes will be posted on the company web site. However, individual notice to customers, content providers, application providers, service providers or device providers by any means whatsoever shall not be provided unless specifically required to by federal, state or local law. Notice of changes will be provided in advance normally upon a thirty day basis. However, DataVision COOP reserves the right to use a shorter notice period when circumstances so warrant.
If a customer has complaints about their service, they are urged to contact DataVision’s business office at 503.792.3611 or email customer care at email@example.com. Customers always have the right to file a complaint with the Federal Communications Commission (FCC) at www.fcc.gov. If you feel you are a victim of identity theft, you should contact the Oregon Department of Justice at www.doj.state.or.us/consumer-protection/contactus/ and/or the Federal Trade Commission at IdentityTheft.gov.
Any questions related to DataVision COOP’s Open Internet Policy should be referred to Member Services at 503.792.3611.