Accessibility of Services by Disabled Individuals

ACCESSIBILITY OF PIONEER SERVICES BY DISABLED INDIVIDUALS

Effective August 9, 2018

The Communications Act requires certain service providers and equipment manufacturers¹ to ensure their services and equipment are accessible to and usable by individuals with disabilities², if readily achievable³. Beginning January 30, 2013, these service providers and equipment manufacturers are required by Federal Communications Commission (FCC) rules to maintain in the ordinary course of business and for a reasonable period, records of

their efforts to consult with individuals with disabilities;
descriptions of the accessibility features of its products and services; and
information about the compatibility of such products and services with peripheral devices or specialized customer premise equipment commonly used by individuals with disabilities to achieve access.

Access to communications is paramount for full participation in today’s society. Pioneer Telephone Cooperative, Inc., Pioneer Long Distance, Inc., and Cellular Network Partnership d/b/a Pioneer Cellular (“Pioneer”) are committed to provide services accessible to and usable by its customers with disabilities consistent with applicable laws, such as Section 255 of the Telecommunications Act of 1996 and the Americans with Disabilities Act (ADA) and to assist its customers with disabilities to obtain desired services, if readily achievable.

CONSULTATION WITH DISABLED INDIVIDUALS

Pioneer is committed to inform all of its customers of available services through its telephone directory, website, and other marketing efforts.

Information to enhance accessibility for disabled individuals is provided to customers as follows:

Pioneer’s telephone directory provides information on Telecommunications Relay Services for individuals with hearing and speech impairments.

A customer’s right to file a complaint regarding any services with Pioneer and/or state commission is explained in Pioneer’s Tariff, in Pioneer’s Telephone Directory, on our website, and in the Terms and Conditions governing your service. Contact information is provided including the state commission’s email address, TTY number, and Relay Services number.

Contact information of the person within Pioneer authorized to resolve complaints and/or concerns about accessibility issues is provided to the FCC. The FCC is to make this information available to consumers on their website. The contact person for Pioneer is Jim Lemon, Legal Manager, phone (405) 375-0754, email csholthus@ptci.com.

Information on Pioneer’s products and services is available on Pioneer’s website, through bill inserts and other marketing material.

Pioneer has established a process to keep records of accessibility discussions with disabled customers. Employees are to report to Jim Lemon, Legal Manager, all discussions with customers of accessibility issues by providing information outlined in Attachment A to this policy.

ACCESSIBILITY FEATURES OF PIONEER’S PRODUCTS AND SERVICES

Custom calling features and other services offered by Pioneer to all its customers also provide accessibility solutions for various disabilities.

VISION SOLUTIONS

Receiving Important Calls

Priority Call: Distinguishes a specific caller with a distinctive ring. Customer programs the numbers of people he/she chooses. For mobile devices, this feature is handset specific and not a network setting.
Caller ID: Identifies the caller by displaying their number/name on caller ID equipment. (Separate caller ID equipment required for landline service.)
Call Waiting: Special tone indicates a second call is coming in when customer is already on the phone.

Getting to the Phone

Voice Mail: Answers calls and takes a message for customer to retrieve at his/her convenience.
Call Forwarding: Forwards calls to a number of customer’s choosing when he/she can’t answer the phone.
Call Return: Dials the last number that called the customer when the customer can’t get to the phone to answer. For mobile devices, this feature is handset specific and not a network setting.
Call Blocker: Phone is programmed to block up to 10 numbers of customer’s choice so he/she is not bothered by calls not wanted. For mobile devices, this feature is handset specific and not a network setting.

Dialing Assistance

Speed Calling: Allows customer to dial pre-selected frequently called numbers by pressing two buttons per call. For mobile devices, this feature is handset specific and not a network setting.
Auto Redial: Continues to dial a busy number for the customer until the call goes through.

SPEECH SOLUTIONS

Add a Third Caller

Three-way calling: Connects a third caller to the customer’s line to make it easier to communicate with family and friends and conduct business. For cellular service, this feature is available only in the home coverage area.

Get Calls Later

Voice Mail: Answers calls and takes a message for customer to retrieve at his/her convenience.

Someone Else to Answer the Phone

Call Forwarding: Forwards calls to a number of customer’s choosing when he/she can’t answer the phone.

Receiving Important Calls

Priority Call: Distinguishes a specific caller with a distinctive ring. Customer programs the numbers of people he/she chooses. For mobile devices, this feature is handset specific and not a network setting.
Caller ID: Identifies the caller by displaying their number/name on caller ID equipment. (For landline phones, separate caller ID equipment required.)
Call Waiting: Special tones indicates a second call is coming in when customer is already on the phone.

Communicate in Writing

The customer can communicate with Pioneer through email to feedbackreply@ptci.com; or, through Pioneer’s website ptci.com.
TTY equipment can be connected to a local exchange access line and mobile phones to allow communication with other TTY users including Telephone Relay Services. A list that shows hearing aid compatibility of mobile phones is available on our website www.gopioneer.com under the Hearing Aid Compatibility link.

HEARING SOLUTIONS

Local exchange access lines and compatible mobile devices provide access to TTY users with other individuals or Telephone Relay services utilizing a TTY.
Customers who have a TTY may include this information as a part of their directory listing.
Customers can communicate with Pioneer through email to feedbackreply@ptci.com.
On-line billing and payment service allows customers to view and pay phone bills online.

DISCOUNTS AND EXEMPTIONS

Directory Assistance
If a disability makes it difficult for a landline customer to use a telephone directory, a qualified customer, upon presentation of the proper documentation, does not have to pay for calls to Local Directory Assistance and for Local Directory Assistance Call Completion services. This exemption does not apply for National Directory Assistance which provides listings anywhere in the country.

Directory Listings for TTY Users
Landline customers who use a TTY may include this information as part of their directory listing at no additional charge.

Lifeline Service

Lifeline service is a government program that provides discounts to a qualified customer’s monthly telephone bill.

COMPATIBILITY OF SERVICES

FCC rules state that a provider of a telecommunications service shall ensure that the service is accessible to and usable by individuals with disabilities, if readily achievable. Whenever these requirements are not readily achievable, the service provider shall ensure that the service is compatible with peripheral devices or specialized customer provided equipment commonly used by individuals with disabilities to achieve access, if readily achievable.⁴ Local exchange access lines provided by Pioneer are compatible with many peripheral devices or specialized customer provided equipment commonly used by individuals with disabilities to achieve access. For example, a local exchange access line allows users of TTY (Text Telephone) equipment such as deaf, hearing impaired, or speech impaired individuals, to communicate with other TTY users.

ANNUAL CERTIFICATION

Annually by April 1 an officer of Pioneer must submit to the FCC a certification stating that records are being kept in accordance with the statute; that Pioneer has established operating procedures that are adequate to ensure compliance with the recordkeeping rules; and that Pioneer is keeping records accordingly.

The certificate must include contact information of the person within Pioneer who is authorized to resolve complaints. This information is made available on the FCC’s website to help consumers communicate directly with Pioneer about accessibility issues or concerns.

Additional contact information must be provided regarding a designated agent for service. This information will be used by the FCC’s Enforcement Bureau to serve formal or informal complaints alleging violations of the accessibility statutes or FCC rules. 4 47 C.F.R. §6.5(b). 4 PTC - April, 30, 2014 The electronic certification and contact information must be submitted online at: https://apps.fcc.gov/rccci-registry/ 5 PTC - April, 30, 2014

¹ Service providers and equipment manufacturers subject to Section 255, 716, and 718 of the Communications Act such as telecommunications providers, VoIP providers, mobile phone service providers that arrange inclusion of an Internet browser.

² The term disability shall mean a physical or mental impairment that substantially limits one or more of the major life activities of an individual; a record of such an impairment; or being regarded as having such an impairment.

³ Readily achievable means easily accomplishable and able to be carried out without much difficulty or expense. 1 PTC - April, 30, 2014

⁴ 47 C.F.R. §6.5(b).

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Frequently Asked Questions

Frequently Asked Questions – Pioneer

The Pioneer Terms and Conditions of Service (“Agreement”), which incorporates Your service plan and posted policies provided or published by Pioneer, including on its website, governs your use of goods and services provided by Pioneer. These questions and answers will help you understand your Agreement and additional details of your service. As used herein Pioneer, its agents and affiliates will be referred to “Pioneer” “We”, “Us”, or “Our” and the Customer of record as “Customer”, “You”, “I”, “My” or “Your”). In the event of conflict, the Agreement will supersede these answers.

SERVICE

When does My commitment start?

Your Service Commitment begins the day We activate Your Services and continues throughout the Term specified on the Service Request. At the end of that Term, the Agreement will
automatically renew on a month-to-month basis, until either You or Pioneer terminates the Agreement.

Who can Use My device and make changes to My Account?

The services Agreement is between You and Pioneer. Only You and those You specifically authorize to Pioneer can Use the Services provided by Pioneer, and/or access or make changes to Your account. You are personally responsible for any charges made on Your account. You specifically authorize Pioneer to release any personal or account information to those You authorize to make changes or access Your account.

Credit Checks

You authorize Us to obtain information about Your credit history from credit-reporting agencies at any time, and to report Your payment record to credit-reporting agencies. You understand that a
credit inquiry could adversely affect Your credit rating.

CELL-U-CARE

What is Cell-U-Care?

Cell-U-Care is a plan available for most cellular phones and provides coverage for lost, stolen, or physically damaged phones. Cell-U-Care is not available on Apple products. A thirty-day (30) vesting period is required. A deductible applies to each loss, with a maximum of two major losses in any twelve-month period. No cash reimbursement will be made. Damage claims must be accompanied by damaged merchandise, which becomes the property of Pioneer. The plan can be cancelled by You or Pioneer, upon providing thirty days written notice. Cell-U-Care excludes general wear and tear associated with normal use and/or any intentional damage caused to the device, as solely determined by Pioneer in its reasonable discretion. Pioneer reserves the right to request proof of purchase before a Cell-U-Care claim is processed. The replaced or repaired phone may be used or
refurbished.

AppleCare+ for iPhone products can be purchased through Pioneer from Apple Inc. on the date the iPhone is purchased from Pioneer. AppleCare+ is a product of Apple, Inc.

LOST/STOLEN PHONES

If your phone is lost or stolen, You are responsible for reporting it to the Pioneer Customer Care Center (call 611 from a Pioneer cellular phone or 1-800-641-2732 from any phone). Any calls, texts, or data transmissions made or received before Pioneer disconnects the phone will be Your responsibility.

TERMINATION

What happens if I am not satisfied with My service or device?

If You are unhappy with the cellular coverage, or a service provided by Pioneer, or Your wireless device, modem, or phone does not operate properly, then You may contact Us within thirty (30) days of signing the service commitment, and the service commitment will be waived, contingent on You returning the device, complete with box and all accessories that came with the device, in satisfactory order. You will still be responsible for all charges incurred, including activation, pro-rated monthly access, airtime, restocking fee, taxes, and other fees.

What happens if My Agreement is terminated early?

If You signed up for service under Promo Advantage and Your Agreement is terminated more than thirty (30) days after the signing of the Agreement and before completion of Your Service Commitment, other than a month-to-month term, then You agree to pay an Early Termination Charge calculated as fifty dollars ($50.00) plus a dollar amount equal to the full retail cost of the phone or other equipment divided by the number of months in the Service Commitment multiplied by the remaining months in the Service Commitment.

If you signed up for Service under a Device Installment Plan and Your Agreement is terminated early, then Early Termination Charges are an amount equal to the full retail cost of the phone or other equipment divided by twenty-four (24) months, multiplied by the remaining months in the Device Payment Agreement.

Early Termination Charges are part of our rates and are not a penalty. Early Termination Charges apply only to the extent permitted by law.

Can Pioneer limit, suspend, or terminate My service?

We can limit, suspend, or terminate Your service or Agreement without notice for Your wrongdoing, including without limitation, if You, any User of Your Device, or any User of Your account: (i) breaches the Agreement, (ii) incurs charges greater than the credit limit Pioneer places on Your account, (iii) provides false or inaccurate information to Pioneer, (iv) incurs greater than 50% Usage outside Pioneer’s network for more than a month, (v) allows another to Use Our Service without Our consent, (vi) becomes insolvent or goes bankrupt, (vii) Uses Your device in a manner that harms the network or other users, (viii) fails to pay Pioneer according to Your Service Plan, or (ix) fails to comply with the Agreement including its Acceptable Use Policy.

CHANGES TO SERVICE

Can Pioneer change the terms of the Agreement or the Rate Plan?

Yes. We will give you notice of by email, text message, or a bill notice or insert, normally thirty days in advance. By continuing to Use the service, You are agreeing to the changes.

Can My service be transferred?

You cannot assign or transfer Your obligations to Pioneer to any other individual without Our prior consent. At Pioneer’s discretion, You can port Your device’s phone number to another carrier upon completion of Your Service Commitment. You have no property right to the telephone number Pioneer assigns to You, and Pioneer reserves the right to assign, designate, or change, such number in its sole discretion. We may assign or transfer the Agreement at any time without notice or consent.

Can I change My Plan?

You can change Your Rate Plan to another generally available rate plan of Pioneer at any time during the term of the Agreement. If You are downgrading Your plan You will lose Your promotion, Carry Over minutes (if any), and a service order fee and any applicable early termination fees will be charged.

USE AND LIMITATIONS OF SERVICE

What is the extent of Pioneer’s Service Availability?

Pioneer’s Services, are indicated on Our coverage maps. For cellular service, it is an approximation of Our wireless coverage area outdoors. The actual Service area, coverage, and quality, may vary and change without notice, depending on a variety of factors, including network capacity, terrain, and weather. Outages and interruptions in Service may occur. You agree that We are not liable for problems relating to Service availability or quality. Other limitations are discussed in our Internet Policies and Disclosures on our website.

Important Notice for Usage of 9-1-1.

Since wireless service is subject to a variety of factors and conditions, it is possible that 9-1-1 service may not be available, or reliable, and Your ability to receive emergency services may be impeded. You agree that Pioneer is not responsible for failures to connect or complete 9-1-1 calls, or if inaccurate location information is provided.

USAGE

Bills.
You will receive a monthly bill which is due, and is to be paid in full, on or before the date shown on the bill. If Your bill is paid after the due date of the bill, then You will be charged a late fee. Late fees are part of the rates and charges you agree to pay Us.

What other fees are there?

In addition to Your monthly charges, Usage fees, and roaming fees, You will be responsible for all federal, state, and/or local taxes. Also, should Your payment in the form of a check or negotiable instrument be returned unpaid by a financial institution for any reason, You will be assessed a return check fee. If We use a collection agency to collect from You, We may charge You for any fees or percentage the collection agency charges Us. If We take You to court to collect from You, We may charge you any court costs or attorney fees associated with the case.

How is My voice Usage measured?

For cellular, Airtime Usage is measured from the time the network begins to process the call through the termination of the call. For landline, usage is measured from the time a call is answered until termination. Any fraction of use, less than a minute, is rounded up to the next full minute.

How is My data Usage measured?

Data Usage is measured in full kilobytes and a data session is rounded up to the next full kilobyte at the end of that session. You will be charged for any data received on Your wireless device (i.e. email, text, photo), whether solicited or not.

What is Roaming?

Roaming is when Your device connects to another wireless service provider’s network. There may be extra charges (including long distance, tolls, and higher rates) while Roaming.

DISPUTES

What if I dispute a charge?

If You dispute a charge to Your account, You agree to notify Us in writing within ninety (90) days after You first receive the disputed bill or charge. If You do not notify Us of Your dispute in writing, or by filling out the feedback form at www.gopioneer.com within this time period, You are deemed to have accepted the charge. If You accept a credit, refund, or other compensation or benefit to resolve the disputed bill or charge, You are agreeing that the dispute is fully and finally resolved.

Pioneer Internet Policies and Disclosures

PIONEER INTERNET POLICIES AND DISCLOSURES

These policies and disclosures apply to broadband Internet access services (“Internet Service”) provided by Pioneer Telephone Cooperative, Inc., Pioneer Long Distance, Inc., and Cellular Network Partnership d/b/a Pioneer Cellular (hereinafter referred to as “we”, “our”, “us”, or “Pioneer”). Pioneer provides Internet Services” to residential and business customers (hereinafter also referred to as “Customer”, “You”, or “Your”) who are in our service area, upon reasonable request.

By using Pioneer’s Internet Service, Customer accepts and agrees to be bound by these and other Pioneer policies as in effect or changed from time-to-time. Customer also agrees to be responsible for compliance with these policies by third parties, such as friends, family, or guests, who make use of the customer’s service accounts or equipment to access the network for any purpose, with or without the permission of the Customer. Customer is also bound by the terms and conditions of the applicable service agreement and the details of the service plan to which the Customer has subscribed. All Pioneer’s policies and terms and conditions can be found on our website, here: https://gopioneer.com/terms-conditions/.

I. DESCRIPTION OF INTERNET SERVICES, PRICING, AND EXPECTED PERFORMANCE

A. Services and Prices Generally. Pioneer Internet provides Internet Service using a variety of technologies, including mobile (cellular) and fixed wireless, fiber, cable, and DSL, at varying speeds based on the technology available where you are using the service. The specific technologies, prices, and speeds that we offer to you for fiber or wired services depend on your service address and the service plan you select. Pioneer Cellular customers can check their service speed at any time by visiting http://speedtest.pldi.net. The amount of data allowed during a billing period will vary according the plan you choose. After you reach the allowance for a particular plan, there may be additional charges for any additional usage. To learn the details of available services and plans for fixed services, click here https://gopioneer.com/residential/internet/internet-plans/ and enter your address, call us at 1-888-782-2667, or come by any business office.

B. Changing or Cancelling Service. Some Internet Service plans require a term commitment and have early termination fees. If you cancel your service, in addition to any applicable Early Termination Fee, you must pay for your use of the service up until the date on which you cancelled or were terminated for cause, and applicable taxes and other fees. If, during the minimum service term, Pioneer changes the terms of your Internet Service and the changes are materially disadvantageous to you, you may terminate the service without paying an Early Termination Fee by providing written notice to Pioneer within thirty (30) days of the effective date of the change. See the terms and conditions applicable to your service for details.

C. Network Service Speeds and Limitations. While Pioneer provisions its network and equipment to ensure that its customers can enjoy the speeds to which they subscribe, Internet speeds generally result from a "best effort" service and are dependent on a number of variables, many of which are outside the control of an Internet Service Provider. Such variables include: the presence of viruses or malware; whether the terminal equipment is connected to the network by wire or by wireless; and the presence of congestion on any networks. Wireless Internet Service is subject to additional limitations inherent in the service technology. We will provide wireless service at the speed capabilities of your plan, subject to limitations and other factors beyond our control, which may include: your distance from our cell tower or switching center, network congestion, atmospheric conditions such as rain, vegetation, and the equipment you use. Pioneer does not guarantee that a Customer will achieve the expected speeds at all times. Rather, the expected data speeds represent the best information available to Pioneer of the typical speeds a Customer can expect to experience under normal operating conditions.

D. Wireless Technologies and Speeds. Pioneer Cellular offers CDMA2000 1X and CDMA2000 EV-DO Rev. A technologies. These data services use a combination of 850Mhz Cellular spectrum and 1900Mhz PCS spectrum. The CDMA2000 1X (IS-2000) standard supports packet data speeds of up to .3072Mbps. CDMA2000 EV-DO Rev A standard supports packet data speeds of up to 3.1Mbps download and 1.8Mbps upload. CDMA2000 EV-DO Rev A has a latency of roughly 150 to 250 milliseconds. The CDMA2000 EV-DO Rev A network is operated in an end-to-end IP Network and it can support any compatible application.

E. Real Time Applications. Subject to the foregoing limitations and the speeds offered in the service plan you choose, our services are suitable for most or all real-time applications, including web surfing, movies, gaming, voice over IP, and music. Please go to our website for a general description of the suitability of a particular service for real-time applications. The higher speed services, such as fiber, will offer the best experience for real-time applications.

II. NETWORK MANAGEMENT

Pioneer is committed to providing broadband Internet access service based on network management policies that protect and empower our broadband access customers and maximize the benefits of the Internet experience for all customers.

A. General Policies. For the safety and privacy of our Internet Service Customers and with the goal of optimal service for all customers at all times, Pioneer uses generally accepted technical measures such as application-neutral bandwidth allocation. Pioneer uses reasonable network management practices consistent with industry standards and any regulations. These practices do not discriminate among content, applications, or websites; except that during heavy congestion periods we reserve the right to prioritize traffic based on real time and non-real time applications based on generally-accepted technical measures. When our network experiences high demand, data speeds for users may be slower for all applications until traffic levels return to normal, particularly on our wireless networks.

B. Non-Discrimination. Pioneer does not discriminate against any lawful Internet content, application, service or service provider with respect to network management practices, network performance characteristics, or commercial terms and conditions, except as noted above. Nor do we give preference to affiliated content, applications, or services except that occasionally, in the case of network congestion, we may slow high band width applications as noted above. Pioneer permits all reasonable uses that are not unlawful and not harmful to the network, our customers, or others.

III. DEVICE ATTACHMENT RULES

Pioneer permits the attachment of all phones and devices that are technically compatible with and not harmful to our network. More information about the specific devices provided for use on or compatible with Pioneer’s network can be found on our website or by calling us or visiting one of our business offices. Pioneer is not responsible for the compatibility, suitability or functionality of any equipment that is provided by the Customer or any third party. If any such equipment harms our network or degrades the service of other users, the you may be required to disconnect the device and, in some cases, we may suspend or terminate service to Customers that in our sole judgment are causing or contributing to harm.

IV. ACCEPTABLE USE

Your use of our Internet access services is subject to an acceptable use policy (“AUP”). The AUP can be found within our Terms and Conditions on our website here: https://gopioneer.com/terms-conditions/ In general, the AUP prohibits activities that are unlawful or harmful to Pioneer or its customers, whether those activities are initiated by you or are directed against you by third parties, such as spam or denial of service attacks.

V. SECURITY AND PRIVACY

A. Privacy Policy. Customers may access our privacy policies via our website at: https://gopioneer.com/terms-conditions/. With some exceptions as noted in the applicable policy, such as reasonable network management and provision or improvement of your service, we do not store traffic or usage information, provide information to third parties, or use such information. See the policies for details.

B. Security. In order to maintain and improve our overall service levels for customers, we may measure and monitor network performance and the performance of your Internet connection. Pioneer uses measures to address service attacks, illegal content and other harmful activities to protect network integrity and reliability to provide acceptable service levels to all customers. We may suspend or terminate service to customers that in our sole judgment harm the network or other users.

C. Third Party Content and Services. We are not responsible for the information, content, applications or services provided by others. Before you access, use, link to or download any service or application on your computer or wireless device, you should review our associated terms of service and privacy policy. We also recommend that all customers install, use, and keep up to date applications to protect their devices from viruses and malware.

VI. COMPLIANCE WITH APPLICABLE LAWS

Pioneer complies with 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 the Internet. Pioneer Cellular complies with all other applicable laws and regulations, including the Children's Online Privacy Protection Act.

VII. QUESTIONS, COMMENTS, CONCERNS

If you have any questions about Pioneer’s Internet Service Policies or any informal complaints, you may contact us by calling our business office at 1-888-782-2667, or writing to us at Pioneer, P.O. Box 539, Kingfisher, OK 73750-0539; or come by any business offices. We find that most Customer concerns or disputes can be resolved through our Customer service representatives; however, any Customer disputes that cannot be resolved without third-party intervention will be resolved by binding arbitration in accordance with the terms and conditions applicable to your Internet Service.

Last Updated: September 26, 2018

Pioneer Terms and Conditions of Service

Click here for a printable version of Terms & Conditions

The following terms and conditions (“Terms” or “Agreement”) constitute Your agreement for and govern any, service or equipment provided to You by one or more of the following companies: Pioneer Telephone Cooperative, Inc., Pioneer Long Distance, Inc., and Cellular Network Partnership d/b/a Pioneer Cellular. As used in this Agreement the companies are referred to as “we”, “our”, “us”, or “Pioneer” and You are referred to as “Customer”, “You”, or “Your”. The services we may provide to You could include local telephone, long-distance telephone, DTV, mobile (cellular) telephone; and high-speed Internet access service (“Internet Service”) using cellular, fixed wireless, fiber, cable, and DSL technologies (collectively referred to as “Services”). The Pioneer company providing the Services, the technology available, and the Internet Service speeds will vary based on where You are using the service or, in the case of non-mobile Services, where Your service will be installed or connected.

Use is Agreement. When You order, request, or use any of the Services, You are deemed to have read and agreed to these Terms, whether You sign a document or not. You further agree to be bound by rules and regulations encompassed in Your membership in Pioneer, which are incorporated as part of this Agreement. If You subscribe to a service that is covered in whole or in part by a filed tariff, the terms of service are also subject to the terms of the tariff. In the event of any conflict between the tariff and this Services Agreement, the terms of the tariff shall take precedence.

Modifications. Pioneer may modify these terms and other policies from time to time at its discretion. Notice of such changes will be provided by email, text message, or bill notice or insert, normally thirty days in advance of the effective date. Your continued payment for and use of the service after the effective date constitutes Your agreement to the change(s). Service is provided by Pioneer for the use and enjoyment of You and Your authorized users (hereinafter individually and collectively referred to as “User”) only. Said Services may be used for lawful purposes only. The User certifies that he or she is at least 18 years of age.

GENERAL

Pioneer’s Obligations:
a. For a fee, when offered as part of the Services or offered on a stand-alone basis, Pioneer will install in a workmanlike manner and in locations mutually acceptable to Pioneer and You, certain equipment and materials to provide Services to You. You may be required to procure certain additional equipment of Your own in order to receive some types of Services. Pioneer representatives carry company identification.
b. Pioneer will maintain equipment owned by Pioneer in accordance with reasonable industry standards so as to minimize Services interruptions or degradation of Services. As covered in more detail below, You will be required to maintain and repair Your own equipment.
c. Pioneer may offer maintenance service covering items such as internal cabling and wiring on Your premises. To obtain such service, You need to request, subscribe, and render payment for said service. Otherwise, Pioneer shall have no responsibility for the maintenance of any cabling or wiring located on Your premises.
d. Pioneer acknowledges Your privacy with respect to Your communications using the Services. You acknowledge, however, that Pioneer retains the right to monitor Services electronically from time to time for reasonable network management, to assure compliance with these Terms, and to disclose any information necessary to comply with any subpoena, law, or regulation. More details will be found in the Privacy Policy on our website, which is subject to change from time to time without notice.
e. Pioneer assumes no responsibility for access to Your account by unauthorized persons. Pioneer is not responsible for the damage or malicious actions of others.
Your Obligations:
a. You agree to pay all installation, Services, or other charges on receipt of Pioneer’s bill. Charges are according to Pioneer’s rate schedules and Services plans and may be found in our tariffs, on our website, or by contacting our business office. Monthly rates for Service may be subject to additional local franchise fees, taxes, or other charges. If You or Pioneer terminate any Services, Pioneer may transfer outstanding balances for Services provided under this Agreement to other accounts that You have with Pioneer. Any partial payments will be credited first to the local telephone Services portion of Your bill.
b. If You fail to make timely payment, Pioneer may terminate Service, remove Pioneer equipment, and impose late fees and early termination fees. You agree that Pioneer may charge interest on any uncollected account, based on the then-current rate of Oklahoma Statutory interest, and You agree to pay all returned check fees, collection costs, including attorney’s fees. Venue for all accounts due Pioneer shall rest in Kingfisher County, Oklahoma, and all transactions and business between the undersigned and Pioneer shall take place and originate at the home office in Kingfisher, Oklahoma.
c. You agree to provide Pioneer’s employees and representatives with a safe working environment.
d. You agree to allow Pioneer reasonable access into Your premises to install, bury, demonstrate, inspect, maintain, upgrade (if any), repair, and remove Pioneer equipment in Your premises, and/or if Pioneer determines it is necessary, Pioneer shall have the right, but not the obligation, to inspect or upgrade any of Your equipment that is used to receive Services. If You are not home at the time of a Service call, You hereby authorize any other resident or guest at Your residence to grant Pioneer access to Your premises.
e. You may not assign or transfer this Agreement, or any rights or obligations hereunder, without Pioneer’s permission and the execution of the appropriate paperwork.
f. If You do not own Your premises: (i) You represent that You have obtained necessary permission and authority from the owner to install Pioneer’s equipment at the premises (including, without limitation, equipment attached to the outside of the premises); and (ii) You will indemnify Pioneer from any and all claims of the owner of the premises in connection with the installation and provision of the Services by Pioneer.
g. You agree to comply with these Terms and Conditions including, without limitation, the acceptable use and device attachment provisions below and with all posted Pioneer rules and policies as in effect and modified from time-to-time.
h. If You have requested or subscribed to interstate and/or international long-distance service this Agreement incorporates by reference the terms, conditions, rates, and charges included in the "Interstate Long Distance Services Contract," the "Private Line Services Contract," and/or the "International Long Distance Service Contract, each of which is available at the Company's offices located at 108 E Robberts Ave, Kingfisher, Oklahoma 73750 and on the Company's website located at www.gopioneer.com. If there is any inconsistency between this Agreement and an incorporated Contract, this Agreement shall be deemed to supersede and be controlling over the incorporated Contract.
i. If You signed up for Service under a service commitment and Your Agreement is terminated early, then You will be charged for any activation fee credit You have received prior to termination.
j. Your login IDs, passwords, and e-mail address(es) are assigned exclusively to You and You may not provide them to unauthorized persons. You are responsible for the security of Your password(s), connection(s), communication(s), and file(s). You are responsible for Your wireless connection(s) (if any), and You are responsible for the security of the connection(s) and use of the connection(s), regardless of whether the use is authorized by You.
k. You understand that the Internet contains unedited materials, some of which may be harmful or considered offensive to You. You Agree to access such materials at Your own risk. Pioneer neither asserts control of, nor assumes any responsibility for the content on the Internet, or for use of Pioneer’s Services to access such materials.

ADDITIONAL PROVISIONS REGARDING QUALIFIED COMMUNICATIONS SERVICE

Pioneer provides a qualifying retail communication (“Qualified Communication Service) service to members of its Co-op, Pioneer Telephone Cooperative, Inc. (“Members”). Subscribers to a Qualified Communications Service must apply for and become Members, subject to the following:

Members take from the Co-op one or more Qualified Communications Service to be used on their premises, pay therefore monthly at rates to be determined from time to time by the Co-op. All amounts paid by Member in excess of operating costs and expenses of the Co-op are furnished as capital and each Member shall be credited with the capital so furnished as provided in the bylaws.
In addition to these Terms, Members agree to comply with and be bound by the provisions of the Articles of Incorporation and bylaws of the Co-op, and such rules, regulations, tariffs, and resolutions as may from time to time be adopted by the Cooperative.
A Member assumes no personal liability or responsibility for any debts or liabilities of the Co-op by reason of Membership, and it is expressly understood that Applicant's private property is exempt from execution for any such debts or liabilities.
Venue for all accounts due to the Cooperative shall rest in Kingfisher County, Oklahoma, and all transactions and business between the undersigned and the Co-op shall take place and originate at the home office in Kingfisher, Oklahoma.
Member grants to the Co-op a right-of-way easement to construct, operate and maintain a line or system to provide the Qualified Communications Services on and through the property where a Service is to be provided and in or upon all streets roads or highways abutting said land; and, if applicable, will execute and authenticate any documentation reasonably necessary to lawfully grant and perfect such easement, as well as the required COMMUNICATIONS FACILITIES AGREEMENT providing for payment of the costs on an amortized basis and will obtain the signatures required by Pioneer thereon; or agrees that Member, in the alternative, shall pay all of the construction fees and costs charged by Co-op for the particular service, upon completion of construction.
Your agreement to become a Member in the Co-op is understood to be an agreement with the other Members. The acceptance of Your application by the Co-op to become a Member constitutes an agreement to these Terms which shall continue in force until canceled by notice by either party to the other.

ACCEPTABLE USES

You understand and agree that Pioneer Services are intended only for lawful and non-harmful purposes and are primarily for Your own personal, household, or family purposes. The following terms describe permitted and prohibited uses and may be referred to as our acceptable use policy (“AUP”) in this Agreement and on our website:

Personal Use Only. Unless You have subscribed to a commercial or wholesale (“Enterprise”) plan that expressly provides otherwise, Your Services are intended and offered for Your own personal, household, or family purposes. Accordingly, You may not use Your Services for any inconsistent purposes, such as the following: resale; as a substitute for private lines or dedicated data connections; for operating a business or disseminating advertising; or in conjunction with applications or devices which aggregate usage from multiple sources prior to transmission to Pioneer’s network, such as Wi-Fi hotspots, tethers, routers, switches, or any other optic, wired, or wireless technology connecting computers or other equipment, unless all such sources are located within Your household or belong to You or other persons covered by Your service plan. If You have subscribed to an Enterprise plan or service, the foregoing uses are permitted only to the extent explicitly allowed by the terms of such a plan.
Your Security Obligations. As a Customer, it is Your responsibility to secure Your computer equipment so that it is not subject to external threats such as viruses, spam, and other methods of intrusion. You acknowledge that Internet sites and use of the Internet might consist of, include, and/or provide access to images, sound, messages, text, services, or other content and material that may be unsuitable for minors and that may be objectionable to many adults. You acknowledge that Pioneer is not responsible for any such content or material and agree that access to the same through the use of the Internet Service is at Your sole risk. The reliability, availability, legality, performance, and other aspects of resources accessed through the Internet are beyond Pioneer’s reasonable control and are not in any way warranted or supported by Pioneer or its third-party contractors. You confirm that You assume all risk and liability of any use of the Internet through Your account, and You are obligated to ensure that all users comply with this Policy.
Lawful Use Only. You may not use Your Services in any manner or for any purpose that is, or reasonably might be, held to be unlawful, including but not limited to: child pornography; violation of any patent, copyright trademark, or other intellectual property rights (addressed in more detail below); engaging in an illegal soliciting scheme; harassment; or using the service to commit or attempt to commit a crime, including crimes of fraud and misrepresentation.
Harmful Uses; Unwanted Traffic. You may not use Your Services in any manner or for any purpose that is, or Pioneer determines reasonably may be, harmful to Pioneer, Pioneer’s networks, or other users, including, but not limited to: any activity that adversely affects the ability of other people or systems to access or use either Pioneer’s Internet access services or other parties’ Internet-based resources; attempted hacking of Pioneer’s network or any other user’s device; intentionally uploading or sending viruses, worms, malware, corrupt files, Trojan horses, denial of service (“DOS”) attacks; or any other similar data, applications or software which may harm another user, a user’s access device, or Pioneer’s network. You also may not intentionally transmit unwanted, malicious, or harmful traffic, such as spam, phishing, spoofing, stalking, harassing, threatening, embarrassing, distressing, vulgar, hateful, racially or ethnically offensive regardless of whether this material or its dissemination is unlawful; or any other use that generates complaints by other network or Internet, DTV, HDTV, or telephone users or in Pioneer’s reasonable judgment might expose Pioneer to liability to third parties.
Access Devices. You may not attach to or use with Pioneer’s network any devices that are unlawful, harmful, or otherwise in violation of the Device Attachment terms below.
AUP Monitoring. Pioneer does not routinely monitor the activity of Services accounts for violation of this AUP but reserves the right to do so. Pioneer will respond appropriately if it becomes aware of inappropriate use of the Services and/or to protect Pioneer’s network, the Services, other users, or other third parties. Your failure to comply with this AUP or any other Terms could result in the suspension, restriction, or termination of Your Services, with or without prior notice and, if terminated, Pioneer may bill You for any applicable early termination fee.
Blocking Harmful or Excessive Usage. Pioneer may block unlawful or harmful content or traffic or traffic that exceeds the buckets or data usage allowances of the Services plan to which You have subscribed.
The provisions of this AUP are not meant to be exhaustive. Pioneer reserves the right at all times to prohibit activities that damage Pioneer’s commercial reputation and goodwill or may affect the quality of its services or Pioneer’s ability to provide services.

NETWORK LIMITATIONS AND REASONABLE NETWORK MANAGEMENT

Pioneer is committed to providing all of our Services to maximize the benefits of the networks and service experience for all customers. You understand and agree that Network limitations and constraints may sometimes limit Your access to the Services or the quality of the Services. Pioneer’s Services are provided to You over a network that has a finite capacity (especially Internet Services and Services provided using wireless technology) and that is shared by other users. Accordingly, Pioneer may at times engage in reasonable network management to ensure that all users have reasonable and equitable access to the network.

For the safety and privacy of our Internet Service Customers, Pioneer uses generally accepted technical measures such as application-neutral bandwidth allocation and reasonable network management practices consistent with industry standards and any regulations.
Non-Discrimination. Pioneer does not discriminate against any lawful Internet content, application, service, or service provider with respect to network management practices, network performance characteristics, or commercial terms and conditions, except in the case of network congestion. Nor do we give preference to any content, applications, or services except that occasionally, in the case of network congestion, we may slow high bandwidth applications. Pioneer permits all reasonable uses that are not unlawful and not harmful to the network, our customers, or others.
Reasonable Network Management. During heavy congestion periods we reserve the right to prioritize Internet traffic based on real-time and non-real time applications based on generally-accepted technical measures. You understand and agree that when our network experiences high demand, data speeds for users may be slower for all applications until traffic levels return to normal, particularly on our wireless networks.
Full-time Connections. Some Services are not intended to provide full-time connections and the connection for such service may be discontinued after a significant period of inactivity.
Best Efforts Internet Service. While Pioneer provisions its network and equipment to ensure that its customers can enjoy the speeds to which they subscribe, Internet speeds generally result from a "best-effort" service and are dependent on a number of variables, many of which are outside the control of an Internet access service provider. Such variables include the presence of viruses or malware; whether the terminal equipment is connected to the network by wire or by wireless; and the presence of congestion on any networks whether ours or a third-party’s. Wireless Internet Service is subject to additional limitations inherent in service technology. We will provide wireless service at the speed capabilities of Your plan, subject to limitations, and other factors beyond our control, which may include: Your distance from our cell tower or switching center, network congestion, atmospheric conditions such as rain, vegetation, and the equipment You use.
No Guarantees. Pioneer does not guarantee that a Customer will achieve the expected Internet Service speeds at all times. Rather, the expected data speeds represent the best information available to Pioneer of the typical speeds a Customer can expect to experience under normal operating conditions.

COPYRIGHT AND TRADEMARK COMPLIANCE

Pioneer respects the intellectual property rights of others. We discourage the use of our network and Services to download materials in violation of copyright, trademark, or other intellectual property laws. Pioneer will investigate claims of alleged infringement and will take appropriate action under the Digital Millennium Copyright and this Agreement.

Copyright infringement most commonly involves the possession, downloading, or sharing of electronic copies of music, movies, games, or videos without the permission or approval of the copyright holder. To protect their interests, copyright holders frequently monitor websites and other popular download locations to record the title, date, time, and Internet Protocol (IP) address associated with the infringing activity.
Pioneer undertakes reasonable efforts to comply with the Digital Millennium Copyright Act of 1998 (including any amendments) ("DMCA") to report and block alleged copyright infringements.
a. Copyright owners may send Pioneer a notification of claimed infringement to report alleged infringements of their works to Legal Department Manager, U.S.A. Fax: (405) 375-6329, e-mail: abuse@ptci.com or cellularabuse@ptci.com or abuse@pldi.net.
b. If a notification of claimed infringement has been filed against You, You can file a counter-notification with Pioneer's designated agent using the contact information shown above. All notifications and counter-notifications must satisfy the requirements of the DMCA Act (DMCA).
c. Based on the IP address involved, the copyright holder determines the Internet Service Provider (ISP) that manages the IP address and sends them a notification describing the event. When we receive such notifications, we determine what customer was assigned the IP address at the date(s) and time(s) listed in the notification(s).
d. We only track the IP address assignment and not how or where the IP address is used. We do not monitor or track customer activity on the Internet except for reasonable network management.
e. If we are able to identify a customer with the IP address, we will contact the customer so they are aware of the allegation(s) of copyright infringement and to provide them with an opportunity to prevent the activity or remove the material. We do not release a customer’s identity to the copyright holder unless we are required to do so by a court order or subpoena.
f. If we receive repeated copyright infringement notifications for the customer, we will escalate our response to ensure the customer is aware of the situation and to provide suggestions that may help resolve the problem. If we continue to receive copyright infringement notifications against the customer, we will take appropriate action, which could include, but is not limited to, reducing the customer's bandwidth, or suspending or terminating their Internet service.
Under the law, those claiming infringement should include ALL of the following information in their notifications to us:
a. A physical or electronic signature of the person authorized to act on behalf of the owner of an exclusive copyright that it is allegedly infringed;
b. A description of the copyrighted work claimed to have been infringed;
c. A description of where the material that is claimed to be infringing is located on the Website;
d. Mailing address, telephone number, email address and all other information reasonable, sufficient to permit Pioneer to contact the complaining party;
e. A statement that the complaining party has a good faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law; and
f. A statement that the above information in the notification is accurate and, under penalty of perjury, that the complaining party is authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.
Notifications Should Be Directed To:

Pioneer

Attn: Jim Lemon, Legal Manager
P.O. Box 539
Kingfisher, OK 73750?0539
Phone: 405.375.0754
Email: abuse@pldi.net or cellularabuse@ptci.com

If the customer feels a mistake has been made or that the copyright for the material mentioned is not being infringed upon, they may file a counter?notification with the copyright holder or work with them directly. Please contact Jim Lemon at 405-375-0754 or Debbie Parks at 405-375-0758 for more information.
Customers may wish to seek legal advice from an attorney if they receive a copyright infringement notice.

EQUIPMENT AND DEVICE ATTACHMENT TERMS

You may attach to or use with Pioneer’s telephone, cable, fiber, or wireless networks any lawful and non-harmful devices such as telephones, handsets, tablets, converters, remote controls, PVRs, HDTVs, set-top boxes, modems, routers, as well as other equipment furnished by Pioneer. Lawful and non-harmful means, at a minimum, that the devices have any and all UL® or FCC required registrations or approval.
Regardless of ownership or equipment ownership, You may not attach, modify, or use devices that harm, or have an unreasonable potential to harm or degrade, the network, Pioneer’s services, or other users. You may not attach or use devices or software that were acquired unlawfully, the use of which is unlawful, or the primary purpose of which is unlawful, harmful, or fraudulent, such as password guessing programs, decoders, password gatherers, analyzers, cracking tools, packet sniffers, or encryption circumvention devices. You agree to use any and all devices or equipment only for the purpose of receiving Services ordered from Pioneer and for no other purpose. You agree not to tamper with any equipment or install or use any device or software in any way that might interfere, directly or indirectly, with Pioneer’s ability to: disconnect, connect, downgrade, or upgrade Services; bill You or retrieve information necessary to bill You for Services; or, determine what Services You are receiving or have received.
Pioneer shall have the unrestricted right, but not the obligation, and You hereby grant permission to Pioneer to install, update, or upgrade the software and/or firmware in any devices or equipment that You are using to receive or use the Services, whether owned by You or Pioneer.
With respect to any equipment or device on Your premises that Pioneer owns, leases to You, or sold to You on an installment plan that is not fully paid, You agree
a. To prevent any connections to the equipment which are not expressly authorized in writing by Pioneer.
b. To prevent tampering, altering, or repair of the equipment by any person other than Pioneer’s authorized personnel.
c. To assume complete responsibility for improper use, damage, or loss of such equipment, regardless of cause.
d. To promptly return the equipment to Pioneer in good condition, excepting ordinary wear and tear resulting from proper use, immediately upon discontinuance of Services by Pioneer or You, or at Pioneer’s request. The equipment is and shall remain the property of Pioneer at all times. You may not sell, resell, or transfer the equipment to any third party at any time. This Equipment Section shall survive the termination or expiration of this Agreement.
e. To assume complete responsibility for improper use, damage, or loss.
Unless sold to You and fully paid for, All Equipment furnished by Pioneer remains the property of Pioneer and must be returned to Pioneer within thirty (30) days from the date of disconnection of the Services. If all of Pioneer’s equipment is not returned within thirty (30) days, You will be charged an equipment fee.
Pursuant to the rules of the Federal Communications Commission, Pioneer is responsible for any excessive signal leakage while providing Service over the system. Should such excessive leakage originate from Your internal wiring, Pioneer’s sole obligation shall be to terminate Service to You until the leakage has been corrected.
YOU HAVE PERSONALLY INSPECTED THE EQUIPMENT TO BE INSTALLED IN YOUR HOME BY THE PIONEER REPRESENTATIVE, AND AGREE THERE IS NO VISIBLE DAMAGE TO THE EQUIPMENT AND IT IS IN GOOD WORKING CONDITION.
Pioneer will either unlock, or provide information to unlock, any locked cellular device to be used on other compatible networks for a Customer or former customer who is in good standing and who has fulfilled the applicable service contract, device installment plan, or paid the early termination fee. To determine if a device is locked and have it unlocked, please call 1-800-641-2732 or visit a Pioneer retail center. If you are not a customer or former customer you must contact Jim Lemon, Legal Manager at 405-375-0754 to confirm whether or not your cellular device may be unlocked.

MISCELLANEOUS

For DTV services, You acknowledge that Pioneer reserves the right, at any time, and in its sole discretion, to change its channel lineup and/or to pre-empt specific programs or parts of programs previously advertised as available to You. Pioneer also reserves the right to alter its fee structure upon notice to You. You may immediately terminate Service upon written notice to Pioneer, subject to early termination charges, if applicable.
If You have agreed to a service plan that requires a minimum service commitment period, You may upgrade Your plan but You cannot downgrade Your service to a plan with a lower monthly charge. If You do so You will be subject to applicable early termination charges.
Limitation of Warranties and Liability. Pioneer, including its parent, affiliates, subsidiaries, agents, employees, representatives, successors, and assigns, makes no warranties, express or implied, including without limitation any warranty of merchantability or fitness for a particular purpose, as to the equipment and Services furnished by Pioneer. Pioneer makes no representations, express or implied, that its Services will be error-free, uninterrupted, free from degradation, or free of viruses or other harmful content. Pioneer shall not be liable for damages for failure to furnish, or the degradation or interruption of any Services, or for any effect that Pioneer’s equipment, software, or Services have on Customer’s equipment, regardless of cause. Pioneer shall not be liable for damage to property, or for injury to any person, directly or indirectly arising from the installation, maintenance, or removal of equipment, software, wiring, or the provision of Services. Both Pioneer and Customer agree that it is impracticable and extremely difficult to forecast or fix actual damages or losses, if any, which may proximately result from the failure on the part of Pioneer to provide Services. Accordingly, You agree that Pioneer’s maximum total liability to You arising under this Agreement shall be limited to the amount actually paid by You for three consecutive months under this Agreement.
Indemnification. You hereby indemnify and hold harmless Pioneer from any claims, actions, proceedings, damages, and liabilities (including attorney’s fees) arising out of: (1) such damage or injury; (2) any content or software displayed, distributed, or otherwise disseminated by You or by Users of the Services; (3) any claim that Your use of the Service, including the registration and maintenance of any domain name selected by You, infringes on the patent, copyright, trademark, or other intellectual property right of any third party; or, (4) any breach or alleged breach by You of this Agreement. Under no circumstances will Pioneer be held liable for any incidental, indirect, punitive, special, or consequential damages.
Remedies for Breach of Agreement. If You use Pioneer Services to violate any law, including copyright violations, or breach this Agreement, any other policy, agreement, or rule of Pioneer, or any local, state, or federal regulation, Pioneer shall have the right to suspend or restrict Your service without notice or to terminate this Agreement and enter Your premises to remove Pioneer’s equipment. Pioneer’s failure to require Your strict performance of any term or condition of this Agreement shall not be construed as a waiver of Pioneer’s right to require strict performance of the same or of any other term or condition in this Agreement.
Dispute Resolution; Arbitration and Waiver of Class Actions. Most customer concerns or disputes can be resolved through our customer service representatives; however, if either of us has an issue which cannot be resolved without third party intervention, You and we both agree to submit to binding arbitration before the American Arbitration Association. This means that all disputes arising from or relating in any way to Your Services, whether under these Terms & Conditions or not, will be resolved through arbitration, not in court or through judge or jury. Moreover, to the fullest extent allowed by law both of us agree to waive any rights to pursue a claim arising from or relating to these Terms & Conditions or the Services as a class action; that is, You or we will not join a claim with the claim of any other person or entity or pursue a claim on behalf of any other person or entity. The arbitration shall take place in Kingfisher County, Oklahoma. Only actions relating to failure to timely pay billed charges, such as service charges and related fees and taxes (collection claims), may be brought in a court; provided that all such actions will be brought in small claims or another court with jurisdiction in Kingfisher County, Oklahoma; and further provided that if any counterclaims or claims unrelated to collection are asserted in the action by any party then the case shall be transferred to arbitration.
Entire Agreement. This Agreement, together with the Service Request Form, details of Your service plan, and posted policies provided or published by Pioneer, including on its website, constitutes the entire agreement between Pioneer and You for the Services and equipment described in this Agreement. The invalidity or unenforceability of any term or condition of this Agreement shall not affect the validity or enforceability of any other provision. No statement, representation or warranty made by any agent or representative of Pioneer regarding the Service, or equipment to be provided, or the rates therefore, shall be binding upon Pioneer, unless expressly included herein.
If any part of this Agreement is found invalid, the rest of the Agreement will remain valid and enforceable.
The remedies, limitations, and waivers in this Miscellaneous Section continue in force and effect after the termination of this Agreement.
No Third Party Rights. This Agreement does not provide any third party with a remedy, claim, or right of reimbursement for or in connection with Your use of Service.
The Company may assign all or part of its rights or duties under this Agreement without notifying You. You may not assign this Agreement or Service without the prior written consent of the Company.
Notices to You will be sent to Your billing address or, in appropriate cases, to Your email address or as a text message to Your cellphone. Notices from You to the Company must be provided as follows:
Pioneer
Attn: Legal Manager
P.O. Box 539
Kingfisher, OK 73750?0539
Governing Law. The law of the State of Oklahoma and any applicable federal law shall govern this Agreement.

Last Updated: September 12, 2018

Privacy Policy

Security Systems Terms of Conditions

1. At CUSTOMER’s request, PTC agrees to, for a fee, provide the hardware and services at the install address listed on the PURCHASE AGREEMENT, subject to the terms and conditions hereof. This Purchase Agreement constitutes the entire agreement between CUSTOMER and PTC, and may only be modified by a writing signed by both parties.

2. WARRANTIES: Warranties are limited to the terms and conditions listed on the Purchase Agreement. PTC's services, systems, and hardware, do not cause and cannot eliminate occurrences of the events they are intended to detect or avert. PTC makes no guaranty, or warranty, including any implied warranty of merchantability or fitness for a particular purpose, that the services, system, or hardware, will detect or avert such events, or the consequences there from. Accordingly, PTC does not undertake any risk that CUSTOMER’s person or property, or the person or property of others, may be subject to injury or loss, if such an event occurs. The allocation of such risk remains with CUSTOMER, not PTC. In no event will PTC be liable for any damages, whether arising from TORT or CONTRACT, including, but not limited to, lost profits, incidental, consequential, or damages, that are directly or indirectly the result of: (a) accidents, Acts of God, lightning, strikes, fire, storms, riots, floods, terrorism, acts of War, alteration, misuse, tampering or abuse, adjustments, repairs or maintenance not done by PTC; (b) CUSTOMER’s improper operation per instructions; (c) trouble due to interruption of commercial power; (d) Battery failure; (e) devices designed to fail in protection of the System/Hardware such as, but not limited to, fuse and circuit breakers; and, (f) system changes requested by CUSTOMER. It is understood and agreed that the proper operation and testing of CUSTOMER's system, and equipment, is the obligation and the duty of CUSTOMER. It is agreed by and between the parties that PTC is not an insurer, that the payments are based solely on the value of service in the monitoring of the system described, and that it is impracticable and extremely difficult to fix the actual damages, if any, which may directly result from failure on the part of PTC to perform such service and a loss resulting there from. If PTC is found liable for loss, damage, or injury, under any legal theory, PTC’s liability shall be limited to a sum equal to 10% of the annual service charge, or $1,000.00, whichever is greater, as agreed upon damages and not as a penalty.

3. INSTALLATION: CUSTOMER warrants they have the authority, or have obtained the proper permissions, to have the requested services and/or hardware installed at the install address. CUSTOMER hereby authorizes and empowers PTC, it’s agents or assigns, at the request of CUSTOMER, to make any necessary present or future changes to CUSTOMER's premises for the purposes of installing or maintaining the requested hardware and/or services. CUSTOMER acknowledges that requested installations or alterations shall be billed to CUSTOMER, at the rates then in force by PTC. It is understood and agreed that PTC’s obligations for installation, and/or maintenance, are limited to the specific hardware provided under this Agreement, and PTC is in no way obligated to maintain, repair, service, replace, operate, or assure operation of any hardware or devices of CUSTOMER, or of others not furnished by PTC.

4. MONITORING: Where MONITORING SERVICE is purchased, PTC shall furnish 24 HOUR MONITORING SERVICE (only for systems which have the ability to call a central alarm monitoring station), at a central alarm monitoring station, and upon receipt of an alarm signal from the install address, PTC's sole responsibility shall be to make a reasonable effort to transmit the alarm information, and give notice to the headquarters of the police or fire department having jurisdiction, and make a reasonable effort to notify CUSTOMER, or his designated representative, by telephone. Where CUSTOMER requests no notice of alarms be given, PTC shall have no responsibility to transmit alarm information, or liability for any damages, which result from failure to transmit said alarm information.

5. ASSIGNMENT: This agreement is not assignable by CUSTOMER, unless the written consent of PTC has first been obtained. PTC shall have the right to assign this Agreement, or to subcontract any of its obligations under this Agreement, without CUSTOMER’s consent.

6. TERMINATION: In the event of cancellation or termination of service by CUSTOMER, prior to the end of the service commitment, the payment for all remaining monthly charges on Purchase Agreement shall become immediately due and payable to PTC. In the event of failure to receive payment from CUSTOMER by late notice due date, PTC reserves the right to immediately terminate monitoring service and bill any other charges, or remaining contracts, in full.

7. CHOICE OF LAW/VENUE: This agreement is deemed to be entered into in the State of Oklahoma, and the parties agree that any dispute arising under this Agreement shall have its venue in Kingfisher County, Oklahoma, and any such dispute shall be governed by, and constructed in accordance, with the laws of the State of Oklahoma.

8. SEVERABILITY: If any provision of this Agreement is found to be illegal, invalid, or unenforceable, all other provisions will remain in full force and effect, and will be construed as to carry out the intent of the parties hereto, as nearly as possible.

9. PRIVACY POLICY: PTC’s Privacy Policy, as it may change from time to time, is incorporated as a part of this agreement. PTC’s Privacy Policy is

Terms & Conditions of Service - Internet/DTV

Terms & Conditions of Service

Pioneer Telephone Cooperative, Inc., Pioneer Long Distance, Inc., and Cellular Network Partnership d/b/a Pioneer Cellular (hereinafter referred to as “we”, “our”, “us”, or “Pioneer”) will provide Internet and DTV services (hereinafter referred to as “Services”) requested by Customer (hereinafter also referred to as “You”, or “Your”) on the following terms and conditions. You agree to be bound by rules and regulations encompassed in Your membership in Pioneer, which are incorporated as part of this Agreement.

Pioneer may modify this Policy and other polices from time to time at its discretion. Notice of such changes will be provided by email, text message, or bill notice or insert, normally thirty days in advance of the effective date. Your continued payment for and use of the service after the effective date constitutes your agreement to the change(s). Service is provided by Pioneer for the use and enjoyment of You and Your authorized users (hereinafter individually and collectively referred to as “User”) only. Said Services may be used for lawful purposes only. The User certifies that he or she is at least 18 years of age.

You understand and agree that Pioneer Services are intended only for lawful and non-harmful purposes and primarily for Your own personal, household, or family purposes, except to the extent you may be subscribed to a commercial or business plan. Accordingly, you agree not to use or to allow others to use Services, directly or indirectly, for resale, wi-fi hotspots, sending spam or other bulk commercial emails, or other primarily commercial purposes. Pioneer’s Services are intended for You and members or guests of your household only, and are non-transferable. The login ID, password, and e-mail address are assigned exclusively to You. Providing Your login ID and/or password to unauthorized persons is a violation of these Terms and Conditions. Pioneer assumes no responsibility for access to Your account by unauthorized persons.

PRIVACY AND ACCEPTABLE USE POLICIES - Pioneer’s Privacy Policy and Acceptable Use Policy (“AUP”), as they may change from time to time, are incorporated as a part of this Agreement.

GENERAL

Pioneer’s Obligations:
For a fee, Pioneer will install in a workmanlike manner, and in locations mutually acceptable to Pioneer and You, certain equipment and materials to provide Services to You. You may be required to procure certain additional equipment in order to receive Services. Pioneer representatives carry company identification.
Pioneer will maintain Pioneer equipment in accordance with reasonable industry standards so as to minimize Service interruptions or degradation of Service. You will be required to maintain and repair Your own equipment.
Pioneer offers maintenance Service (covering items such as internal cabling), provided that You request, subscribe, and render payment for said Service. Otherwise, Pioneer shall have no responsibility for the maintenance of the DSL/DTV wiring located on Your premises.
Your Obligations:
You agree to pay all installation, Service or other charges on receipt of Pioneer’s bill. Charges are according to Pioneer’s rate schedule. Monthly Service rates may be subject to additional local franchise fees, taxes or other charges. If You or Pioneer terminate Service, Pioneer may transfer outstanding balances for Service provided under this Agreement to other accounts that You have with Pioneer. Any partial payments will be credited first to the local Services portion of Your bill.
If You fail to make timely payment, Pioneer may terminate Service, remove Pioneer equipment, impose late fees, and early termination fees. You agree that Pioneer may charge interest on any uncollected account, and You agree to pay all returned check fees, collection costs, including attorney’s fees. Venue for all accounts due Pioneer shall rest in Kingfisher County, Oklahoma, and all transactions and business between the undersigned and Pioneer shall take place and originate at the home office in Kingfisher, Oklahoma.
You agree to provide Pioneer’s employees and representatives with a safe working environment.
You agree to allow Pioneer reasonable access into Your premises to install, bury, demonstrate, inspect, maintain, upgrade (if any), repair, and remove Pioneer equipment in Your premises, and/or if Pioneer determines it is necessary, Pioneer shall have the right, but not the obligation, to inspect or upgrade any of Your equipment that is used to receive Services. If You are not home at the time of a Service call, You hereby authorize any other resident or guest at Your residence to grant Pioneer access to Your premises.
You may not assign or transfer this Agreement, or any rights or obligations hereunder, without Pioneer’s permission and the execution of the appropriate paperwork.
If You do not own Your premises: (i) You represent that You have obtained necessary permission and authority from the owner to install Pioneer’s equipment at the premises (including, without limitation, equipment attached to the outside of the premises); and (ii) You will indemnify Pioneer from any and all claims of the owner of the premises in connection with the installation and provision of the Services by Pioneer.
You agree to comply with all present and future rules of Service of Pioneer.
You understand that transfer, reproduction, distribution or re-distribution of information, software, or other material protected by copyright or other proprietary right, without obtaining permission of the copyright owner or right holder, is prohibited, and that you will be held responsible for the actions of those using Your Service.
If you signed up for Service under a Service Commitment and Your Agreement is terminated early, then You will be charged for any Activation Fee Credit You have received prior to termination.
Equipment: Pioneer shall have the unrestricted right, but not the obligation, and You hereby grant permission to Pioneer to install, update, or upgrade the software and/or firmware in any non-Pioneer provided equipment that You are using to receive or use the Services. With respect to Pioneer equipment on Your premises, You agree:
To use the equipment only for the purpose of receiving Service ordered from Pioneer and for no other purpose.
To prevent any connections to the equipment which are not expressly authorized in writing by Pioneer.
To prevent tampering, altering, or repair of the equipment by any person other than Pioneer’s authorized personnel.
To assume complete responsibility for improper use, damage, or loss of such equipment, regardless of cause.
To promptly return the equipment to Pioneer in good condition, excepting ordinary wear and tear resulting from proper use, immediately upon discontinuance of Service by Pioneer or You, or at Pioneer’s request. The equipment is and shall remain the property of Pioneer at all times. You may not sell, resell, or transfer the equipment to any third-party at any time. This subsection 5 shall survive the termination or expiration of this Agreement.
YOU HAVE PERSONALLY INSPECTED THE EQUIPMENT TO BE INSTALLED IN YOUR HOME BY THE PIONEER REPRESENTATIVE, AND AGREE THERE IS NO VISIBLE DAMAGE TO THE EQUIPMENT AND IT IS IN GOOD WORKING CONDITION.
Limitation of Warranties and Liability: Pioneer, including its parent, affiliates, subsidiaries, agents, employees, representatives, successors, and assigns (makes no warranties, express or implied, including without limitation any warranty of merchantability or fitness for a particular purpose, as to the equipment and Services furnished by Pioneer. Pioneer makes no representations, express or implied, that its Services will be error-free, uninterrupted, free from degradation, or free of viruses or other harmful content. Pioneer shall not be liable for damages for failure to furnish, or the degradation or interruption of, any Services, or any effect Pioneer’s equipment, software, or Services have on Customer’s equipment, regardless of cause. Pioneer shall not be liable for damage to property, or for injury to any person, directly or indirectly arising from the installation, maintenance, or removal of equipment, software, wiring, or the provision of Services. You hereby indemnify and hold harmless Pioneer from any claims, actions, proceedings, damages, and liabilities (including attorney’s fees) arising out of: (1) such damage or injury; (2) any content or software displayed, distributed, or otherwise disseminated by you, or Users of the Services; (3) any claim that your use of the Service, including the registration and maintenance of any domain name selected by you, infringes on the patent, copyright, trademark, or other intellectual property right of any third party; or, (4) any breach or alleged breach by you of this Agreement. Under no circumstances will Pioneer be held liable for any incidental, indirect, punitive, special, or consequential damages. Both Pioneer and Customer agree that it is impracticable and extremely difficult to forecast or fix the actual damages or losses, if any, which may proximately result from failure on the part of Pioneer to provide Services. In any event, You agree that Pioneer’s maximum total liability to You arising under this Agreement shall be limited to the amount actually paid by Your for three consecutive months under this Agreement.
Breach of Agreement: If You use Pioneer Services to violate any law, including copyright violations, or to breach this Agreement, any other policy, agreement, or rule of Pioneer, or any local, state, or federal regulation, Pioneer shall have the right to suspend or restrict your service without notice or to terminate this Agreement and enter Your premises to remove Pioneer’s equipment. Pioneer’s failure to require Your strict performance of any term or condition of this Agreement shall not be construed as a waiver of Pioneer’s right to require strict performance of the same, or any other term or condition in this Agreement.
Entire Agreement: This Agreement, together with the Service Request Form and Pioneer’s Acceptable Use Policy constitutes the entire agreement between Pioneer and You for the Services and equipment described in this Agreement. The invalidity or unenforceability of any term or condition of this Agreement shall not affect the validity or enforceability of any other provision. No statement, representation or warranty made by any agent or representative of Pioneer regarding the Service, or equipment to be provided, or the rates therefore, shall be binding upon Pioneer, unless expressly included herein.
Theft of Service: THEFT OF SERVICE IS A VIOLATION OF FEDERAL AND STATE LAW. Displaying it commercially is an unauthorized use that is prohibited by this Agreement and by law. You may not rebroadcast, transmit, record for rebroadcast, perform, or charge admission to view or listen to any of the programming made available by the Services.
Assignment: Pioneer may assign this Agreement without notice, and Service may be provided by one or more of Pioneer’s affiliates.
Arbitration/ Waiver of Class Actions. Most customer concerns or disputes can be resolved through our customer service representatives. However, if either of us has an issue which cannot be resolved without third party intervention, you and we both agree to submit to binding arbitration before the American Arbitration Association. This means that all disputes arising from or relating in any way to your Services, whether under these Terms & Conditions or not, will be resolved through arbitration, not in court or through judge or jury. Moreover, to the fullest extent allowed by law both of us agree to waive any rights to pursue a claim arising from or relating to these Terms & Conditions or the Services as a class action; that is, you or we will not join a claim with the claim of any other person or entity or pursue a claim on behalf of any other person or entity. The arbitration shall take place in Kingfisher County, Oklahoma. The waivers in this section continue in force and effect after the termination of this agreement. Only actions relating to failure to timely pay billed charges, such as service charges and related fees and taxes (collection claims), may be brought in a court; provided that all such actions will be brought in small claims or another court with jurisdiction in Kingfisher County, Oklahoma; and further provided that if any counterclaims or claims unrelated to collection are asserted in the action by any party then the case shall be transferred to arbitration.

VIDEO

You assume complete responsibility for improper use, damage, or loss of any converters, remote controls, PVRs, HDTV set-top boxes, modems, or other equipment furnished by Pioneer.
All Equipment furnished by Pioneer remains the property of Pioneer, and must be returned to Pioneer within thirty (30) days from the date of disconnection of the Service. If all of Pioneer’s equipment is not returned within thirty (30) days, you will be charged an equipment fee.
Unless You have Pioneer’s express written consent, You agree not to tamper with Your equipment or Pioneer’s equipment, or install or use any filter, field test generators, descramblers, or any other device or software, if such act(s) might interfere, directly or indirectly, with Pioneer’s ability to: disconnect, connect, downgrade, or upgrade Services; bill You or retrieve information necessary to bill You for Services; or, determine what Services You are receiving or have received.
Pursuant to the rules of the Federal Communications Commission, Pioneer is responsible for any excessive signal leakage while providing Service over the system. Should such excessive leakage originate from Your internal wiring, Pioneer’s sole obligation shall be to terminate Service to You until the leakage has been corrected.
You acknowledge that Pioneer reserves the right, at any time, and in its sole discretion, to change its channel lineup and/or to pre-empt specific programs or parts of programs previously advertised as available to You. Pioneer also reserves the right to alter its fee structure upon notice to You. You may immediately terminate Service upon written notice to Pioneer, subject to early termination charges, if applicable.

INTERNET

Security: You understand that You are responsible for security of Your password(s), connection(s), communication(s), and file(s). You are responsible for Your wireless connection(s) (if any), and You are responsible for security of the connection(s) and use of the connection(s), regardless of whether the use is authorized by You or not. Pioneer is not responsible for the damage or malicious actions of others.
Downgrades: If You are in a DSL Service commitment, You cannot downgrade Your Service to the 128mb DSL plan, until Your Service commitment is complete.
You understand that the Internet contains unedited materials, some of which may be harmful or considered offensive to You. You access such materials at Your own risk. Pioneer neither asserts control of, nor assumes any responsibility for content on the Internet, or use of Pioneer’s Services to access any such materials.
Pioneer acknowledges Your privacy with respect to electronic-mail (e-mail) transmissions. You acknowledge, however, that Pioneer retains the right to monitor its Services electronically, from time to time, to assure compliance with these Terms and Conditions, and to disclose any information necessary to comply with any subpoena, law, or regulation. In the event You violate these Terms and Conditions, Pioneer reserves the right to suspend or discontinue access to all or part of its Service, without notice.
Pioneer User accounts are for individual Users, and the User therefore agrees not to share the User’s account password. The User acknowledges that Pioneer may terminate the account, after appropriate notification, if the User does not comply with this Section.
Any use of Pioneer’s resources that disrupts the normal use of the system for other Pioneer customers is deemed unacceptable. You agree not to engage in unacceptable uses of your Internet access service, as defined and detailed in the AUP, which can be found and reviewed here: www.gopioneer.com.

Bark Premium - Bark online activity monitoring is a third-party managed service. Subscribers to the Bark Technologies, Inc.’s (“Bark”) online activity monitoring service are also subject to Bark’s Terms of Use https://www.bark.us/terms-of-use/ and Bark’s Privacy Policy https://www.bark.us/privacy/ .

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ACCESSIBILITY OF PIONEER SERVICES BY DISABLED INDIVIDUALS

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E 911 Battery Backup Notice - Fiber Facilities

Frequently Asked Questions

Frequently Asked Questions – Pioneer

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PIONEER TELEPHONE COOPERATIVE, INC.

PIONEER LONG DISTANCE, INC.

PRIVACY POLICY

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Security Systems Terms of Conditions

Terms & Conditions of Service - Internet/DTV

Terms & Conditions of Service

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Pioneer Long Distance, Inc. Contract/Tariffs

Cellular Services

Accessibility of Services by Disabled Individuals

Frequently Asked Questions

Frequently Asked Questions – Pioneer

Performance Characteristics

Performance Characteristics

Pioneer Internet Policies and Disclosures

Pioneer Terms and Conditions of Service

Privacy Policy

PIONEER TELEPHONE COOPERATIVE, INC.PIONEER LONG DISTANCE, INC.CELLULAR NETWORK PARTNERSHIP d/b/a PIONEER CELLULARPRIVACY POLICY

PIONEER TELEPHONE COOPERATIVE, INC.
PIONEER LONG DISTANCE, INC.
CELLULAR NETWORK PARTNERSHIP d/b/a PIONEER CELLULAR
PRIVACY POLICY