Terms & Conditions

Privacy Policy

Last Updated: November 16, 2021

YOUR PRIVACY AS A BLUEPEAK CUSTOMER. As a customer of Clarity Telecom, LLC d/b/a Bluepeak (“Bluepeak,” “we,” or “us”), you are entitled to know what we do with personal information about you that we receive. We consider our treatment of such information to be a part of the trust you place in us by using our website and billing platform, Cable Television, and/or High Speed Internet (“Services”). We keep only Personal Information that is needed to provide our Services, treat it as private, use it only for what we offer you, do not sell it to others, work to keep it secure, and destroy it when it is no longer needed.

1.     Information We Collect.

a.           Personal Information – In providing Services to you, such as when you register for an account, access certain content or features, or complete a form, we obtain certain personal information (“Personal Information”). Personal Information may include:

  • Contact Information, such as name, address, telephone number, email addresses;
  • Demographic Information, such as social security number, driver’s license number;
  • Login Information, such as user IDs, passwords;
  • Payment and Financial details, such as billing records, credit card or other payment method information; and
  • Other Information, such as premium service subscription information, correspondence, communications records, and automatically collect information about your video equipment, computer hardware and software, modems, routers, settings, and other preferences to aid in providing the Services and customer support.

b.           Cable Television Services – We collect and maintain Personal Information in providing you with our cable television Services. Unless you are notified and agree, we will not collect Personal Information concerning most video program viewing, except as necessary to bill you. In providing some specific cable television Services, such as pay-per-view, and entertainment-on-demand interactive cable Services, we do maintain limited usage information for billing, programming and related purposes. Personal Information that relates to a group of individuals, from which individual identities have been removed, that could not be reasonably linkable to you (“Aggregate Information”) may be collected and used for programming, advertising, and similar purposes. When we provide digital video recorder Services, we may also receive detailed information concerning your use and operation of the recorder for the uses described below in “Use and Sharing”.

c.           Internet Services – Like most Internet service providers, we automatically collect certain general information concerning your use, such as the Internet Protocol (IP) addresses assigned (an identifier assigned to your computer while online), bandwidth used, system and connection performance, browsers used, dates and times of access, and Internet resource requests, including requests to access web pages. This type information is generally retained for about six months. We do not store online messages sent or received unless left in your Bluepeak High-Speed Internet account file. Since we do not control Web sites or Internet Services operated by third parties, we recommend that you review the terms of service and privacy policies of those Web sites and Services as the information practices of these third parties are governed by their own privacy policies and are not covered by this Privacy Policy. If you have any questions about an advertisement or other targeted content, you should contact the responsible provider directly.

2.          Use, Disclosure, and Retention of Personal Information. We consider Personal Information confidential, and use it only in providing our cable television and Internet Services for such things as sales, installation, operations, administration, advertising, marketing, support, network management, maintenance, customer care, communications with you, billing and collection, and for accounting and tax purposes. We may also use Personal Information in dealing with fraud and unauthorized use of our Services. We use Aggregate Information about our customers and their usage for a variety of purposes. We may share such Aggregate Information with third parties in the course of providing the Services but will not share Personal Information with third parties without your permission.

a.           We may share your Personal Information to:

  •  conduct a legitimate business activity related to providing cable service or other Services or in connection with our other agreements;
  • detect unauthorized reception of our cable service;
  • disclose names and addresses to third parties for purposes as mailing lists, charities, and direct mail marketing, unless you notify us in writing that you do not wish us to disclose it. You may opt-out of such communications by writing to us at any time to the return address on your billing statement, or online at www.mybluepeak.com. No such disclosure may reveal directly or indirectly the cable Services you view or other transactions you make;
  • comply with any court order, law, or legal process, including to respond to any government or regulatory request; and
  • protect the rights, property, or safety of our company, users of the Services, or others.

b.           Online Marketing – We use Google AdWords Remarketing to advertise Bluepeak across the Internet, in particular on the Google Display Network. AdWords remarketing will show you ads based on your past interactions with the Services by placing a cookie in your browser. This cookie does not in any way provide us with information such as name, account numbers, social security numbers, or addresses nor does it give us access to your computer or mobile device. This cookie is used to indicate to other websites that you visited a particular page and would be responsive to ads relating to that page. If you do not wish to see ads from Bluepeak you can opt out by visiting Google’s Ads Settings at https://tools.google.com/dlpage/gaoptout or by opting out of a third-party vendor’s use of cookies by visiting the Network Advertising Initiative opt-out page at http://www.networkadvertising.org/choices.

c.           Merger, Sales, or Transfers – We also reserve the right to transfer your Personal Information to a buyer or other transferee in the event of a merger, divestiture, restructuring, reorganization, dissolution, sale, or other transfer of some or all of our assets, equity or similar transaction.  Should such a sale, merger, or transfer occur, we will use reasonable efforts to direct the transferee to use your personal information in a manner that is consistent with our Privacy Policy.

d.           Outside Parties – Bluepeak sometimes uses affiliates, vendors, or partners in providing our Services and may provide your Personal Information for such purposes. We require that outside parties maintain at least the same level of confidentiality that we maintain. In addition, any use by the vendor may not exceed that which is necessary to provide its service. We do not share your Personal Information with other third parties without your consent. If you become a customer of a third party directly, you should review its privacy policy, as it may differ from ours.

e.           Retention Policy – Bluepeak may retain Personal Information in its regular business records as long as you are a customer or until such Personal Information is no longer needed for business, tax, or legal purposes. Our security measures for Personal Information are discussed below.

3.          Internet Security. Maintaining the security of your personal computer is an important part of protecting your own privacy and of helping us protect our network and customers’ service.

a.           What You Can Do – You should follow our Acceptable Use Policy found at mybluepeak.com/AUP and use and regularly update your antivirus software, firewall, wireless network security, and operating system to prevent unauthorized access by others and harm from various forms of viruses. You should regularly back up your computer to preserve your files, including email or other messages you want to keep. Persons with questionable intent may use the Internet or email to pose as someone you trust or do business with. You should always be sure who you are dealing with before clicking on an internet link or giving personal information. To avoid all these and other forms of attacks, we encourage you to visit our website at www.mybluepeak.com or the Federal Trade Commission (“FTC”) at http://www.ftc.gov for regular updates and tips on protecting yourself. Bluepeak and our customer service department may take protective action related to the Services or contact you directly with information from time to time to help maintain the security of the Services. Moreover, since we cannot control web sites or Services operated by third parties, you should review their terms of service and privacy. While we take reasonable steps to protect your Services, we highly recommend that you regularly change your login password, using hard-to-guess combinations of numbers and letters. Once communications enter the Internet, it is possible for them to be accessed by third parties over whom we have no control.

b.           Spam – Bluepeak tries to prevent and to block spam, and we encourage your help by preventing unauthorized access to your computer. We suggest that you remain up-to-date on ways to avoid and combat spam by watching for advice and tips on our website at www.mybluepeak.com. We may use email to send transactional or relationship messages related to your service. If you prefer, you may opt-out of other marketing messages we may send by notifying us in response to any you may receive.

4.          Cookies. The Services may use cookies to collect anonymous information about your visit to our website and to manage information concerning your preferences. A cookie is a text file that websites send to a visitor’s computer or other Internet-connected device to uniquely identify the visitor’s browser or to store information or settings in the browser.  It can be read by the website that placed it to note information about your visit, such as your type of web browser, operating system and Internet Protocol (“IP”) address. It can also be used to recognize you when you log in as a registered user or as a repeat visitor returning to our website. This allows us to tailor our site by remembering you and any options you select. You can control what cookies are accepted by your computer through the settings on your web browser or by deleting them from your files. Please note, however, that without cookies you may not be able to take full advantage of all of the features of the Services.

a.           Third-Party Cookies and Web Beacons – These forms of computer code are sometimes placed by advertisers or others with connection to a webpage and may be read by the ad’s provider. They may use a form of code called a “web beacon” or “clear GIF”. These are usually contained in a transparent image on a page or in an image on an email message and serve as a way to gather information about your visit, such as your IP Address and information or statistics about your visit. As with cookies, you can use your browser settings to control web beacons. We may share non-personal information obtained from cookies and web beacons with vendors, advertisers, and others.

5.          Security of Information. We have implemented measures intended to protect your personal information from accidental loss and from unauthorized access, use, alteration and disclosure. For our most sensitive databases, we use encrypted formats within controlled and secure environments that have restricted access. Please note that the electronic transmission of information is not completely secure. We cannot guarantee that the security measures we have in place to safeguard personal information will never be defeated or fail, or that such measures will always be sufficient or effective. Data breach notifications shall be sent out in accordance with applicable laws. Any transmission of personal information is at your own risk.

6.          Children’s Privacy. The websites provided by Bluepeak are not directed at, nor intended for use by, children under the age of 13. If you believe your child may have provided us with personal information, you can contact us at the return address on this notice or found on your monthly bill and we will delete the information. You can find more information about protecting children’s privacy by contacting the FTC or viewing its website at http://www.ftc.gov. As a provider of an electronic communications service, we are required by law to report any evidence we may become aware of relating to violations of laws concerning child pornography.

7.          Customer Rights. As a customer, you may review your Personal Information maintained by us by contacting a Customer Care representative. We will need a reasonable amount of time to collect the information and remove any references to other customers. You may request correction of any errors in Personal Information that we collect or maintain pertaining to you. You have the right under federal law to enforce your legal privacy rights concerning our collection, use, and sharing of your Personal Information.

8.          Other Agreements. Other terms and conditions affect our Service offerings, including certain Cable Television service contracts, our Acceptable Use Policy (located at http://www.mybluepeak.com/AUP), tariffs, and the Residential User Agreement (located at http://www.mybluepeak.com/residential-user-agreement) for our websites. Changes in our service offerings, the law, and policy may cause us to make changes to this and other policies from time to time in our sole discretion.

9.          Miscellaneous

a.           Data Transfers – We are based in the United States. When we obtain information about you, we may transfer, process, and store such information outside of the country in which you reside, including in the United States. By using the Services, you consent to the transfer to and processing and storage of your information in countries outside of your country of residence, which may have different data protection laws than those in the country where you reside.

b.           Changes To Our Privacy Policy – We reserve the right to update or change this Privacy Policy at any time. If we make a material change to our Privacy Policy, we will provide notice to you (by posting on our website) that our privacy practices have changed and will provide a link to the new policy. In the event we make a material change to how we use your personal information, we will provide you with an opportunity to opt out of such new or different use. The date this Privacy Policy was last revised is at the top of this page. We encourage you to review this Privacy Policy periodically to check for any updates or changes.

c.           Network Transparency – Bluepeak provides this Network Transparency Statement in accordance with the FCC’s Restore Internet Freedom Rules to ensure that you have sufficient information to make informed choices about the purchase of broadband Services.

d.           Annual Do Not Call Registry Notice – Bluepeak maintains the highest standards of ethical conduct in all its marketing activities and is committed to complying with all federal and state law. No employee or agent of Bluepeak shall engage in telemarketing practices that violate the provisions of the Telephone Consumer Protection Act of 1991, the FTC Telephone Sales Rule, or applicable state regulations. In performing its duties under these requirements, Bluepeak provides a written copy of this Do Not Call Policy to all personnel or entities that make calls for telemarketing purposes on our behalf. In addition, we also provide training to all our business office personnel and any personnel engaged in any aspect of telemarketing on our behalf, to ensure that they are informed and knowledgeable in regard to the existence, use, and maintenance of our “Do Not Call” list. If you do not want to receive sales calls from Bluepeak, you can ask us to place your telephone number on the Bluepeak “Do Not Call” list. In compliance with federal and state laws, upon your request, we’ll make a record in our files that you contacted us and we will immediately add your number to our “Do Not Call” list. Please allow up to 30 days for your telephone number to be removed from any sales programs that may be currently underway. To add your telephone number to our “Do Not Call” list, you can make your request in writing to the address below or by calling 1-888-975-4BLU (4258). You should include your name, address, and telephone number in your request. Attention: “Do Not Call” List Administrator Bluepeak, 5100 S Broadband Lane, Sioux Falls SD 57108. If you have multiple telephone numbers, please tell us all numbers that you want included on the “Do Not Call” list. You will remain on our “Do Not Call” list for five years, unless you ask to be removed. If your telephone number ever changes, you must give us your new information for your “Do Not Call” status to remain in effect. Being placed on Bluepeak’s “Do Not Call” list means that you will not receive sales calls from anyone representing Bluepeak. We may still contact you, however, for non-solicitation and non-telemarketing purposes. This type of contact may include surveys, billing, and other service-related matters. Please note that the Bluepeak “Do Not Call” list restricts marketing contacts from Bluepeak only, so you may continue to receive calls from other companies including affiliates of Bluepeak unless you also contact those other companies directly. However, to make this process easier, you may add your number to the National Do Not Call List. You may do so by calling 1-888-382-1222 or going online at www.donotcall.gov. Please be assured that Bluepeak respects your right to privacy.

10.        Contact Us.  If you have any questions about our Privacy Policy, please email us at www.mybluepeak.com/privacy, contact your local Bluepeak office at the address and telephone listed on your bill, or call 1-888-975-4BLU (4258).

 

GENERAL INFORMATION.

Services and prices – Please contact us at 1-888-975-4BLU (4258) or by visiting our website at www.mybluepeak.com for information on Services and prices including: Products and Services offered, Prices and options for subscribing to Services, Channel positions, Installation and maintenance policies and prices. Instructions for using our cable service.

Miscellaneous Fees – A fee is added to any bill amount unpaid after the due date. If your payment is made with a non-sufficient fund check, you may be charged a fee for handling.

Delinquent Accounts – If your service is disconnected for non-payment, we require full payment of the balance, a deposit, a reconnect fee, and a minimum of one month’s service before reconnecting service.

Disconnect Policy – A request to disconnect cable service can occur at any time. Billing for service will stop on the day you request the service to be discontinued. Equipment provided to you by your local cable office must be returned upon disconnecting, or appropriate charges will be assessed.

Signal Blocking Devices – If you can see images or hear sound from a scrambled premium or adult channels that you do not subscribe to, you may have these channels blocked.

TELEVISION EQUIPMENT COMPATIBILITY Cable Converters – Some models of TVs and VCRs, especially older TV sets that are not “cable ready,” may not receive all of the channels offered when connected directly to the cable system. If your TV or VCR is not able to receive all of the channels, you can obtain a set-top channel converter from Bluepeak or a retail store at a nominal charge. If you plan to purchase cable Services that we scramble or encrypt, such as premium, pay-per-view or digital Services, you should make sure that any set-top converter or navigation device you purchase from a retail outlet is capable of working with the separate security cards that we must provide in order for your equipment to access such programming devices. Upon request, we will provide you with the technical parameters needed for any such device to operate with our security cards and cable system. Also, you should know that receivers with descrambling units are illegal to sell or use unless authorized by Bluepeak. If you receive service through a set-top channel converter, you may not be able to use special features and functions of your TV and VCR. These may include features that allow you to view a program on one channel while simultaneously recording a program on another channel, record two or more consecutive programs that appear on different channels, or use advanced picture generation and display features such as “Picture-in-Picture” and channel review. Bluepeak may be able to resolve these issues through an additional converter or other equipment that is available for lease upon request. Cable Cards – Certain new TVs are sold with a Cable Card, which can substitute for a set-top channel converter. Currently, these cards do not allow you to use any interactive or two-way Services that we offer. For more information, you may contact us by calling Customer Care. Rental information, including pricing, is also available at www.mybluepeak.com. Remote Controls – Bluepeak includes a remote control unit with set-top channel converters. Some television, VCR or DVD remote controls are also capable of controlling the basic features of your set-top box. “Universal” remote control units that are compatible with the basic features of set-top boxes may also be obtained from other sources, such as consumer appliance, electronics outlets or over the Internet. These universal remote controls may not be compatible with certain set top features or Services available from Bluepeak in certain markets.

COMPLAINT PROCEDURES – In the event that a service or billing issue occurs, you should call us at the telephone number listed on this notice. A fully trained Customer Service Representative can often resolve your problem over the telephone. If this cannot be done, we will set up an appointment for a skilled technician to come to your home. If, in your opinion, the service technician fails to correct the reception problem, you should call us again and we will review the actions taken. Should we continue to be unable to resolve the problem to your satisfaction, we will explain the reasons we cannot solve the problem. If you believe Bluepeak has not properly resolved your issue, you have the right to contact the applicable franchise authority at the address and telephone number listed on your monthly cable bill.

Contact Bluepeak If You Have Questions – If you have any questions about our policies described in this notice, please contact your local Bluepeak office at the address and telephone listed on your bill or call 1-888-975-4BLU (4258).

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Residential User Agreement

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BLUEPEAK RESIDENTIAL TERMS

These Bluepeak Residential Terms consist of 1) the Bluepeak Privacy Policy; 2) the Bluepeak Acceptable Use Policy; 3) the Refund Policy; and 4) the Bluepeak Pricing; each of which are set forth below and are incorporated by reference into the Bluepeak Residential User Agreement.

BLUEPEAK PRIVACY POLICY

Last Updated: December 20, 2021

YOUR PRIVACY AS A BLUEPEAK CUSTOMER. As a customer of Clarity Telecom, LLC d/b/a Bluepeak (“Bluepeak,” “we,” or “us”), you are entitled to know what we do with personal information about you that we receive. We consider our treatment of such information to be a part of the trust you place in us by using our website and billing platform, Cable Television, and/or High Speed Internet (“Services”). We keep only Personal Information that is needed to provide our Services, treat it as private, use it only for what we offer you, do not sell it to others, work to keep it secure, and destroy it when it is no longer needed.

  1. Information We Collect.
    1. Personal Information – In providing Services to you, such as when you register for an account, access certain content or features, or complete a form, we obtain certain personal information (“Personal Information”). Personal Information may include:
  • Contact Information, such as name, address, telephone number, email addresses;
  • Demographic Information, such as social security number, driver’s license number;
  • Login Information, such as user IDs, passwords;
  • Payment and Financial details, such as billing records, credit card or other payment method information; and
  • Other Information, such as premium service subscription information, correspondence, communications records, and automatically collect information about your video equipment, computer hardware and software, modems, routers, settings, and other preferences to aid in providing the Services and customer support.
    1. Cable Television Services – We collect and maintain Personal Information in providing you with our cable television Services. Unless you are notified and agree, we will not collect Personal Information concerning most video program viewing, except as necessary to bill you. In providing some specific cable television Services, such as pay-per-view, and entertainment-on-demand interactive cable Services, we do maintain limited usage information for billing, programming and related purposes. Personal Information that relates to a group of individuals, from which individual identities have been removed, that could not be reasonably linkable to you (“Aggregate Information”) may be collected and used for programming, advertising, and similar purposes. When we provide digital video recorder Services, we may also receive detailed information concerning your use and operation of the recorder for the uses described below in “Use and Sharing”.
    2. Internet Services – Like most Internet service providers, we automatically collect certain general information concerning your use, such as the Internet Protocol (IP) addresses assigned (an identifier assigned to your computer while online), bandwidth used, system and connection performance, browsers used, dates and times of access, and Internet resource requests, including requests to access web pages. This type information is generally retained for about six months. We do not store online messages sent or received unless left in your Bluepeak High-Speed Internet account file. Since we do not control Web sites or Internet Services operated by third parties, we recommend that you review the terms of service and privacy policies of those Web sites and Services as the information practices of these third parties are governed by their own privacy policies and are not covered by this Privacy Policy. If you have any questions about an advertisement or other targeted content, you should contact the responsible provider directly.
  1. Use, Disclosure, and Retention of Personal Information. We consider Personal Information confidential, and use it only in providing our cable television and Internet Services for such things as sales, installation, operations, administration, advertising, marketing, support, network management, maintenance, customer care, communications with you, billing and collection, and for accounting and tax purposes. We may also use Personal Information in dealing with fraud and unauthorized use of our Services. We use Aggregate Information about our customers and their usage for a variety of purposes. We may share such Aggregate Information with third parties in the course of providing the Services but will not share Personal Information with third parties without your permission.
    1. We may share your Personal Information to:
  • conduct a legitimate business activity related to providing cable service or other Services or in connection with our other agreements;
  • detect unauthorized reception of our cable service;
  • disclose names and addresses to third parties for purposes as mailing lists, charities, and direct mail marketing, unless you notify us in writing that you do not wish us to disclose it. You may opt-out of such communications by writing to us at any time to the return address on your billing statement, or online at mybluepeak.com. No such disclosure may reveal directly or indirectly the cable Services you view or other transactions you make;
  • comply with any court order, law, or legal process, including to respond to any government or regulatory request; and
  • protect the rights, property, or safety of our company, users of the Services, or others.
    1. Online Marketing – We use Google AdWords Remarketing to advertise Bluepeak across the Internet, in particular on the Google Display Network. AdWords remarketing will show you ads based on your past interactions with the Services by placing a cookie in your browser. This cookie does not in any way provide us with information such as name, account numbers, social security numbers, or addresses nor does it give us access to your computer or mobile device. This cookie is used to indicate to other websites that you visited a particular page and would be responsive to ads relating to that page. If you do not wish to see ads from Bluepeak you can opt out by visiting Google’s Ads Settings at https://tools.google.com/dlpage/gaoptout or by opting out of a third-party vendor’s use of cookies by visiting the Network Advertising Initiative opt-out page at http://www.networkadvertising.org/choices.
    2. Merger, Sales, or Transfers – We also reserve the right to transfer your Personal Information to a buyer or other transferee in the event of a merger, divestiture, restructuring, reorganization, dissolution, sale, or other transfer of some or all of our assets, equity or similar transaction. Should such a sale, merger, or transfer occur, we will use reasonable efforts to direct the transferee to use your personal information in a manner that is consistent with our Privacy Policy.
    3. Outside Parties – Bluepeak sometimes uses affiliates, vendors, or partners in providing our Services and may provide your Personal Information for such purposes. We require that outside parties maintain at least the same level of confidentiality that we maintain. In addition, any use by the vendor may not exceed that which is necessary to provide its service. We do not share your Personal Information with other third parties without your consent. If you become a customer of a third party directly, you should review its privacy policy, as it may differ from ours.
    4. Retention Policy – Bluepeak may retain Personal Information in its regular business records as long as you are a customer or until such Personal Information is no longer needed for business, tax, or legal purposes. Our security measures for Personal Information are discussed below.
  1. Internet Security. Maintaining the security of your personal computer is an important part of protecting your own privacy and of helping us protect our network and customers’ service.
    1. What You Can Do – You should follow our Acceptable Use Policy found at mybluepeak.com/AUP and use and regularly update your antivirus software, firewall, wireless network security, and operating system to prevent unauthorized access by others and harm from various forms of viruses. You should regularly back up your computer to preserve your files, including email or other messages you want to keep. Persons with questionable intent may use the Internet or email to pose as someone you trust or do business with. You should always be sure who you are dealing with before clicking on an internet link or giving personal information. To avoid all these and other forms of attacks, we encourage you to visit our website at www.mybluepeak.com or the Federal Trade Commission (“FTC”) at http://www.ftc.gov for regular updates and tips on protecting yourself. Bluepeak and our customer service department may take protective action related to the Services or contact you directly with information from time to time to help maintain the security of the Services. Moreover, since we cannot control web sites or Services operated by third parties, you should review their terms of service and privacy. While we take reasonable steps to protect your Services, we highly recommend that you regularly change your login password, using hard-to-guess combinations of numbers and letters. Once communications enter the Internet, it is possible for them to be accessed by third parties over whom we have no control.
    2. Spam – Bluepeak tries to prevent and to block spam, and we encourage your help by preventing unauthorized access to your computer. We suggest that you remain up-to-date on ways to avoid and combat spam by watching for advice and tips on our website at www.mybluepeak.com. We may use email to send transactional or relationship messages related to your service. If you prefer, you may opt-out of other marketing messages we may send by notifying us in response to any you may receive.
  2. Cookies. The Services may use cookies to collect anonymous information about your visit to our website and to manage information concerning your preferences. A cookie is a text file that websites send to a visitor’s computer or other Internet-connected device to uniquely identify the visitor’s browser or to store information or settings in the browser. It can be read by the website that placed it to note information about your visit, such as your type of web browser, operating system and Internet Protocol (“IP”) address. It can also be used to recognize you when you log in as a registered user or as a repeat visitor returning to our website. This allows us to tailor our site by remembering you and any options you select. You can control what cookies are accepted by your computer through the settings on your web browser or by deleting them from your files. Please note, however, that without cookies you may not be able to take full advantage of all of the features of the Services.
    1. Third-Party Cookies and Web Beacons – These forms of computer code are sometimes placed by advertisers or others with connection to a webpage and may be read by the ad’s provider. They may use a form of code called a “web beacon” or “clear GIF”. These are usually contained in a transparent image on a page or in an image on an email message and serve as a way to gather information about your visit, such as your IP Address and information or statistics about your visit. As with cookies, you can use your browser settings to control web beacons. We may share non-personal information obtained from cookies and web beacons with vendors, advertisers, and others.
  3. Security of Information. We have implemented measures intended to protect your personal information from accidental loss and from unauthorized access, use, alteration and disclosure. For our most sensitive databases, we use encrypted formats within controlled and secure environments that have restricted access. Please note that the electronic transmission of information is not completely secure. We cannot guarantee that the security measures we have in place to safeguard personal information will never be defeated or fail, or that such measures will always be sufficient or effective. Data breach notifications shall be sent out in accordance with applicable laws. Any transmission of personal information is at your own risk.
  4. Children’s Privacy. The websites provided by Bluepeak are not directed at, nor intended for use by, children under the age of 13. If you believe your child may have provided us with personal information, you can contact us at the return address on this notice or found on your monthly bill and we will delete the information. You can find more information about protecting children’s privacy by contacting the FTC or viewing its website at http://www.ftc.gov. As a provider of an electronic communications service, we are required by law to report any evidence we may become aware of relating to violations of laws concerning child pornography.
  5. Customer Rights. As a customer, you may review your Personal Information maintained by us by contacting a Customer Care representative. We will need a reasonable amount of time to collect the information and remove any references to other customers. You may request correction of any errors in Personal Information that we collect or maintain pertaining to you. You have the right under federal law to enforce your legal privacy rights concerning our collection, use, and sharing of your Personal Information.
  6. Other Agreements. Other terms and conditions affect our Service offerings, including certain Cable Television service contracts, our Acceptable Use Policy (located at http://www.mybluepeak.com/AUP), tariffs, and the Residential User Agreement (located at http://www.mybluepeak.com/residential-user-agreement) for our websites. Changes in our service offerings, the law, and policy may cause us to make changes to this and other policies from time to time in our sole discretion.
  7. Miscellaneous
    1. Data Transfers – We are based in the United States. When we obtain information about you, we may transfer, process, and store such information outside of the country in which you reside, including in the United States. By using the Services, you consent to the transfer to and processing and storage of your information in countries outside of your country of residence, which may have different data protection laws than those in the country where you reside.
    2. Changes To Our Privacy Policy – We reserve the right to update or change this Privacy Policy at any time. If we make a material change to our Privacy Policy, we will provide notice to you (by posting on our website) that our privacy practices have changed and will provide a link to the new policy. In the event we make a material change to how we use your personal information, we will provide you with an opportunity to opt out of such new or different use. The date this Privacy Policy was last revised is at the top of this page. We encourage you to review this Privacy Policy periodically to check for any updates or changes.
    3. Network Transparency – Bluepeak provides this Network Transparency Statement in accordance with the FCC’s Restore Internet Freedom Rules to ensure that you have sufficient information to make informed choices about the purchase of broadband Services.
    4. Annual Do Not Call Registry Notice – Bluepeak maintains the highest standards of ethical conduct in all its marketing activities and is committed to complying with all federal and state law. No employee or agent of Bluepeak shall engage in telemarketing practices that violate the provisions of the Telephone Consumer Protection Act of 1991, the FTC Telephone Sales Rule, or applicable state regulations. In performing its duties under these requirements, Bluepeak provides a written copy of this Do Not Call Policy to all personnel or entities that make calls for telemarketing purposes on our behalf. In addition, we also provide training to all our business office personnel and any personnel engaged in any aspect of telemarketing on our behalf, to ensure that they are informed and knowledgeable in regard to the existence, use, and maintenance of our “Do Not Call” list. If you do not want to receive sales calls from Bluepeak, you can ask us to place your telephone number on the Bluepeak “Do Not Call” list. In compliance with federal and state laws, upon your request, we’ll make a record in our files that you contacted us and we will immediately add your number to our “Do Not Call” list. Please allow up to 30 days for your telephone number to be removed from any sales programs that may be currently underway. To add your telephone number to our “Do Not Call” list, you can make your request in writing to the address below or by calling 1-888-975-4BLU (4258). You should include your name, address, and telephone number in your request. Attention: “Do Not Call” List Administrator Bluepeak, 5100 S Broadband Lane, Sioux Falls SD 57108. If you have multiple telephone numbers, please tell us all numbers that you want included on the “Do Not Call” list. You will remain on our “Do Not Call” list for five years, unless you ask to be removed. If your telephone number ever changes, you must give us your new information for your “Do Not Call” status to remain in effect. Being placed on Bluepeak’s “Do Not Call” list means that you will not receive sales calls from anyone representing Bluepeak. We may still contact you, however, for non-solicitation and non-telemarketing purposes. This type of contact may include surveys, billing, and other service-related matters. Please note that the Bluepeak “Do Not Call” list restricts marketing contacts from Bluepeak only, so you may continue to receive calls from other companies including affiliates of Bluepeak unless you also contact those other companies directly. However, to make this process easier, you may add your number to the National Do Not Call List. You may do so by calling 1-888-382-1222 or going online at www.donotcall.gov. Please be assured that Bluepeak respects your right to privacy.
  8. Contact Us. If you have any questions about our Privacy Policy, please email us at www.mybluepeak.com/privacy, contact your local Bluepeak office at the address and telephone listed on your bill, or call 1-888-975-4BLU (4258).

GENERAL INFORMATION.

Services and prices – Please contact us at 1-888-975-4BLU (4258) or by visiting our website at www.mybluepeak.com for information on Services and prices including: Products and Services offered, Prices and options for subscribing to Services, Channel positions, Installation and maintenance policies and prices. Instructions for using our cable service.

Miscellaneous Fees – A fee is added to any bill amount unpaid after the due date. If your payment is made with a non-sufficient fund check, you may be charged a fee for handling.

Delinquent Accounts – If your service is disconnected for non-payment, we require full payment of the balance, a deposit, a reconnect fee, and a minimum of one month’s service before reconnecting service.

Disconnect Policy – A request to disconnect cable service can occur at any time. Billing for service will stop on the day you request the service to be discontinued. Equipment provided to you by your local cable office must be returned upon disconnecting, or appropriate charges will be assessed.

Signal Blocking Devices – If you can see images or hear sound from a scrambled premium or adult channels that you do not subscribe to, you may have these channels blocked.

TELEVISION EQUIPMENT COMPATIBILITY Cable Converters – Some models of TVs and VCRs, especially older TV sets that are not “cable ready,” may not receive all of the channels offered when connected directly to the cable system. If your TV or VCR is not able to receive all of the channels, you can obtain a set-top channel converter from Bluepeak or a retail store at a nominal charge. If you plan to purchase cable Services that we scramble or encrypt, such as premium, pay-per-view or digital Services, you should make sure that any set-top converter or navigation device you purchase from a retail outlet is capable of working with the separate security cards that we must provide in order for your equipment to access such programming devices. Upon request, we will provide you with the technical parameters needed for any such device to operate with our security cards and cable system. Also, you should know that receivers with descrambling units are illegal to sell or use unless authorized by Bluepeak. If you receive service through a set-top channel converter, you may not be able to use special features and functions of your TV and VCR. These may include features that allow you to view a program on one channel while simultaneously recording a program on another channel, record two or more consecutive programs that appear on different channels, or use advanced picture generation and display features such as “Picture-in-Picture” and channel review. Bluepeak may be able to resolve these issues through an additional converter or other equipment that is available for lease upon request. Cable Cards – Certain new TVs are sold with a Cable Card, which can substitute for a set-top channel converter. Currently, these cards do not allow you to use any interactive or two-way Services that we offer. For more information, you may contact us by calling Customer Care. Rental information, including pricing, is also available at www.mybluepeak.com. Remote Controls – Bluepeak includes a remote control unit with set-top channel converters. Some television, VCR or DVD remote controls are also capable of controlling the basic features of your set-top box. “Universal” remote control units that are compatible with the basic features of set-top boxes may also be obtained from other sources, such as consumer appliance, electronics outlets or over the Internet. These universal remote controls may not be compatible with certain set top features or Services available from Bluepeak in certain markets.

COMPLAINT PROCEDURES – In the event that a service or billing issue occurs, you should call us at the telephone number listed on this notice. A fully trained Customer Service Representative can often resolve your problem over the telephone. If this cannot be done, we will set up an appointment for a skilled technician to come to your home. If, in your opinion, the service technician fails to correct the reception problem, you should call us again and we will review the actions taken. Should we continue to be unable to resolve the problem to your satisfaction, we will explain the reasons we cannot solve the problem. If you believe Bluepeak has not properly resolved your issue, you have the right to contact the applicable franchise authority at the address and telephone number listed on your monthly cable bill.

Contact Bluepeak If You Have Questions – If you have any questions about our policies described in this notice, please contact your local Bluepeak office at the address and telephone listed on your bill or call 1-888-975-4BLU (4258).

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BLUEPEAK ACCEPTABLE USE POLICY

Last Updated: December 20, 2021

This policy covers the use of internet related services provided by Clarity Telecom, LLC d/b/a Bluepeak (“Bluepeak”). This policy, Bluepeak’s Acceptable Use Policy (this “AUP”), governs the use of internet-related services provided by Bluepeak. All contractual terms in a Services Agreement (defined below) and tariff terms also apply.

  1. INTRODUCTION

In this AUP, “Service(s)” refers to any internet-related service you are receiving from Bluepeak or its affiliates including but not limited to dial-up, Wireless, High Speed Internet Access, Dedicated Internet access, Managed Service, web hosting, data center hosting, Enterprise hosting, or Unified Messaging. By using any such Bluepeak Service you agree to abide by and be bound by the terms and conditions of this AUP. This AUP may be revised by Bluepeak at any time by posting on the Bluepeak website and the revised version will be effective as of the date it is posted. Your use of any Service after posting of an updated version of this AUP shall constitute your acceptance of all such revisions.

  1. VIOLATION OF THIS ACCEPTABLE USE POLICY

Your violation of this AUP may result in Bluepeak taking actions ranging from a warning to suspension of your privileges or termination of your Services. Bluepeak may, but is under no obligation to, provide you with advance notice of an AUP violation, via email or otherwise, and request that such violation be immediately corrected prior to taking action. Bluepeak reserves the right to act immediately and without notice to suspend or terminate services in response to a court order or other legal requirement that certain conduct be stopped. Bluepeak may also suspend or terminate Services without notice to you if it determines, in its sole discretion, that your conduct does or may:

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

If Bluepeak is alerted to or otherwise becomes aware of violations or potential violations of this AUP, Bluepeak will take whatever measures it deems necessary and appropriate to stop or prevent those violations. Without limiting the generality of the foregoing, Bluepeak (a) may refer potential violations of laws to the proper authorities, (b) may cooperate in the investigation of any suspected criminal or civil wrong, and (c) will cooperate with authorities when required to do so by law, subpoena, or when the public safety is at risk. Bluepeak assumes no obligation to inform you that your information has been provided to law enforcement authorities and, in some cases, may be prohibited by law from providing such notice. Bluepeak shall not be liable for any damages of any nature suffered by you or any other customer, user, or third party resulting in whole or in part from Bluepeak’s exercise of its rights under this AUP.

III. PROHIBITED USES AND ACTIVITIES

General Use Policy

You are responsible for complying with the AUP. You are also responsible for all activity that occurs under your account, including the actions of others who may be using the Services under your account. You must respond in a timely manner to complaints concerning misuse of the Services provided to you by Bluepeak.

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

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

No Resale/Sharing of Services

You are prohibited from reselling the Service or otherwise making the Service available to third parties (for example, through Wi-Fi or other methods of networking), in whole or in part, directly or indirectly, unless expressly permitted by a substantive agreement between you and Bluepeak (a “Services Agreement”).

You agree that you will not make the Service available to anyone other than your family and household guests, if you have a residential account, or business or your business’ authorized employees, if you have a business account, or unless done with Bluepeak’s prior written approval in accordance with a Services Agreement.

  1. CUSTOMER CONDUCT

Illegal Activity/Tortious Conduct

Use of the Services to violate any local, state or federal law or regulation, also violates this AUP. Prohibited activities also include, but are not limited to:

  • Advertising, transmitting, or otherwise making available any software, program, product, or service that is designed to violate or facilitate a violation of this AUP or any law, including without limitation facilitation of the means to spam, infringe on copyrights and pirate software;
  • Transmitting any defamatory, libelous, fraudulent, deceptive, indecent, offensive or obscene materials;
  • Using the Services to deliver spyware, or secretly, deceptively or illegally obtain the personal information of third parties (phishing, etc.);
  • Intentionally or negligently spreading computer viruses;
  • Exporting software or technical information in violation of U.S. export control laws;
  • Gaining unauthorized access to private networks;
  • Engaging in the transmission of pirated software;
  • Unauthorized copying, distribution, or display of copyrighted material of Bluepeak or any third party;
  • Conducting or participating in illegal gambling, soliciting for illegal pyramid schemes through electronic mail, or USENET postings;
  • Violating rules, regulations, and policies applicable to any network, server, computer database, web site, or ISP that you access through the Services;
  • Threatening, harassing, abusing, or intimidating others;
  • Engaging in activity, illegal or not, that Bluepeak determines in its sole discretion, to be harmful to its subscribers, operations, or networks;
  • Making fraudulent offers of products, items or services; or
  • Creating or attempting to utilize a domain name that is defamatory, fraudulent, indecent, offensive, deceptive, threatening, abusive, harassing, or which damages the name or reputation of Bluepeak.

Third Party Rules; Usenet

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

  1. NETWORK MANAGEMENT

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

Network Security

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

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

Responsibility for Content

You are responsible for any content you send or receive through the Service.

Password Security

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

Web Hosting and Data Center Hosting Surveillance

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

  1. CONTACT INFORMATION

Contact for Reporting Abuse

Any party seeking to report a violation of this AUP may contact us via email at:

customerservice@mybluepeak.com

Contact for Copyright Infringement

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

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

Clarity Telecom, LLC d/b/a Bluepeak
Attn: Copyright Agent
7979 E. Tufts Ave.
Suite 850
Denver, CO 80237

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REFUND POLICY

Bluepeak is dedicated to providing the best products and services. All purchases are covered by a 30-day money-back guarantee, subject to the limitations in this Refund Policy.

When you buy our products/services, your purchase is covered by our 30-day money-back guarantee. If you are, for any reason, not entirely happy with your service within the first 30 days after you receive it, we will cheerfully issue a full refund. Refund checks may be issued to customers for various circumstances including: disconnection of service, moved, deceased, credit balance, etc. No refunds will be issued for any reason beyond 30 days from the date you receive your products/services.

To request a refund, simply contact us at 888-975-4BLU. Please include your account information from your invoice and tell us why you’re requesting a refund – we take customer feedback very seriously and use it to constantly improve our products and quality of service.

All refund requests are subject to approval by the Bluepeak regional manager or customer service manager. All refund requests must then be submitted to Accounts Payable for further approval and issuance of a refund check. No refunds will be provided for services delivered in full such as installation service or for lost, damaged, or altered products. It can take 4-6 weeks to process the refund.

BLUEPEAK PRICING

Bluepeak’s current pricing can be found at https://mybluepeak.com/internet/ (for Internet services) and at https://mybluepeak.com/tv/ (for television services). The pricing located at the foregoing links is subject to change at any time in Bluepeak’s sole discretion.

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Business Services Agreement

Bluepeak Business Services Agreement

BY ENTERING INTO AN ORDER WITH CLARITY TELECOM, LLC D/B/A BLUEPEAK, OR ANY OF ITS AFFILIATES (INDIVIDUALLY AND COLLECTIVELY REFERRED TO AS “BLUEPEAK”), CUSTOMER HEREBY AGREES TO THE TERMS OF THIS MASTER SERVICES AGREEMENT (THIS “AGREEMENT”).  ALL ORDERS AND ANY TERMS AND CONDITIONS, GUIDEBOOKS AND SERVICE GUIDES, PROVIDED ON BLUEPEAK’S WEBSITE, AS MODIFIED FROM TIME TO TIME, ARE INCORPORATED BY REFERENCE INTO THIS AGREEMENT AS IF THOSE DOCUMENTS ARE SET FORTH ORIGINALLY HERE.

  1. DEFINITIONS
    • 1.1 “Effective Date” is the date that the last Party signs the Agreement.
    • 1.2 “Order” means a written, electronic or verbal order, or purchase order governed by the terms and conditions of this Agreement, submitted or confirmed by Customer and accepted by Bluepeak, which identifies specific Services; quantity ordered; Bluepeak’s Agreement number, title, and execution date; billing address; ship to address; and service/installation address, as Verbal Orders are deemed confirmed upon Customer’s written acknowledgement, or Customer’s use, of a Service.
    • 1.3 “Services” means wireline or wireless business communications services not governed by Tariffs, including basic or telecommunications services, information or other enhanced services, and non-regulated professional services provided by Bluepeak to Customer pursuant to an Order.
  2. Services and Facilities. Bluepeak agrees to provide Customer with a broadband Internet connection, as provided in the accompanying Order during the Term of this Agreement (the “Services”).
  3. PAYMENT AND CHARGES
    • 3.1 Rates and Charges. Customer will pay Bluepeak the rates and charges for the Services set forth in this Agreement and any Order under this Agreement, including all charges associated with establishing Customer’s Services or related to Bluepeaks installation or provisioning costs.
    • 3.2 Rate Adjustments. Bluepeak may impose additional fees, charges or surcharges on Customer to recover amounts that Bluepeak is required or permitted to collect, or pay to others in support of, or to comply with, statutory or regulatory programs, plus a commercially reasonable amount to recover the administrative costs associated with such charges or programs.
    • 3.3 Bluepeak’s rates and charges for the Services do not include taxes. Notwithstanding any other provision of this Agreement, if Customer is required by law to make a deduction or withholding from any amount due to Bluepeak, Customer must notify Bluepeak in writing. Bluepeak will then increase the gross amount of Customer’s invoice so that, after Customer’s deduction or withholding for taxes, the net amount paid to Bluepeak will not be less than the amount Bluepeak would have received without the required deduction or withholding.
    • 3.4 Unless otherwise set forth in an Order, any and all invoicing for Services shall be submitted to Customer for payment within thirty (30) days of the Service being provided. Customer is responsible for all charges, no matter the interval at which they are billed.  Any objection to billed charges must be reported to Bluepeak within sixty (60) days of the invoice date.
    • 3.5 Unless otherwise set forth in an Order, Bluepeak shall invoice Customer in advance at Customer’s notice address specified in the Order (or at such other address of which Customer may advise Bluepeak in writing) for all Services and additional services provided during each calendar month or other mutually agreeable billing cycle. Customer shall pay Bluepeak for all Charges upon receipt of the invoice. Account is/will be considered past due thirty (30) days after invoice date and late fees will be assessed on the last business day of the month at 1.5% per month. Service is subject to suspension or termination if an account remains unpaid for a period of sixty (60) days or more from the date of billing. Customer agrees to reimburse Bluepeak for all reasonable expenses, including reasonable attorney’s fees, for collection of past due accounts.
    • 3.6 Disputed Invoice If Customer disputes a charge in good faith, Customer may withhold payment of that charge if Customer makes timely payment of all undisputed charges within the payment period, as described in Section 2.5, and provides Bluepeak with a written explanation of the reasons for Customer’s dispute of the charge. Customer must cooperate with Bluepeak to promptly resolve any disputed charge. If Bluepeak determines, in good faith, that the disputed charge is invalid, Bluepeak will notify Customer and, within five business days of receiving notice, Customer must pay the charge.
  4. CREDIT APPROVAL. Bluepeak’s provision of Services is subject to the credit approval of Customer. As part of the credit approval process, Bluepeak may require Customer to provide a deposit or other security.  Additionally, during the Agreement Term, if Customer’s financial circumstances or payment history becomes reasonably unacceptable to Bluepeak, Bluepeak may require adequate assurances of future payment as a condition of continuing provision of the Services.  Customer’s failure to provide adequate assurances required by Bluepeak is a material breach of the Agreement.  Bluepeak may provide Customer’s payment history or other billing information to any credit reporting agency or industry clearinghouse.   
  5. ORDERS
    • 5.1 Orders are binding only upon acceptance in writing by Bluepeak. Bluepeak will notify Customer of rejected orders.
    • 5.2 Customer may cancel an Order at any time before Bluepeak delivers the Services listed in the Order or Services begin, but Customer must pay any actual costs Bluepeak incurs due to Customer’s cancellation.
  6. WARRANTIES. THE SERVICES PROVIDED BY BLUEPEAK UNDER THIS AGREEMENT ARE PROVIDED WITHOUT ANY WARRANTIES OF ANY KIND, WHETHER STATUTORY, EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO, WARRANTIES OF TITLE, NONINFRINGEMENT, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, ACCURACY, COMPLETENESS, COMPATIBILITY OF SOFTWARE OR EQUIPMENT, OR ANY RESULTS TO BE ACHIEVED WITHOUT LIMITING THE FOREGOING, BLUEPEAK MAKES NO WARRANTIES OR REPRESENTATIONS THAT ANY SERVICE OR PRODUCT WILL BE FREE FROM LOSS OR LIABILITY ARISING OUT OF HACKING OR SIMILAR MALICIOUS ACTIVITY, OR ANY ACT OR OMISSION OF THE CUSTOMER.
  7. EQUIPMENT AND FACILITIES. Bluepeak shall not be responsible for the installation, operation, or maintenance of any Customer-provided communications equipment. Where such equipment is connected to the facilities furnished by Bluepeak pursuant to this Agreement, the responsibility of Bluepeak shall be limited to the furnishing of facilities offered under this Agreement and to the maintenance and operation of such facilities. Notwithstanding the above, Bluepeak shall not be responsible for: (a) the transmission of signals by Customer-provided equipment or for the quality of, or defects in, such transmission; (b) the reception of signals by Customer-provided equipment; or (c) network control signaling where such signaling is performed by Customer-provided network control signaling equipment.
  8. INSTALLATION. Customer will reasonably cooperate with Bluepeak or its agents in connection with installation of the Customer is responsible for damage to Bluepeak-owned facilities and equipment located on Customer premises, excluding reasonable wear and tear, or damage caused by Bluepeak. Bluepeak may refuse to install Services or may discontinue and disconnect Services without notice, if any condition on Customer’s premises is unsafe or likely to cause injury to any person using Services.
  9. CUSTOMER RESPONSIBILITIES
    • 9.1 Acceptable Use Policy (AUP). With the purchase of Services that connect to the Internet, Customer must comply with Bluepeak’s Acceptable Use Policy posted on its website and as amended from time to time.
    • 9.2 Abuse and Customer will not use Services: (1) for fraudulent, abusive, unlawful or destructive purposes, including unauthorized or attempted unauthorized access to, or alteration, abuse or destruction of, Bluepeak or any third party information; (2) in any manner that causes interference with Bluepeak’s or another’s use of the Bluepeak- provided network; or (3) for any other purpose not specifically authorized by this Agreement. Customer will cooperate promptly with Bluepeak to prevent third parties from gaining unauthorized access to the Services via Customer’s facilities.
    • 9.3 Customer represents that it is not a reseller of any telecommunication services provided under this Agreement as described in the Telecommunications Act of 1996, as amended, or applicable state law and acknowledges it is not entitled to any reseller discounts under any laws.
    • 9.4 Bluepeak has adopted and implemented, and will maintain, a corporate information security program designed to protect Customer information, materials and data accessed and possessed by Bluepeak from loss, misuse and unauthorized access or disclosure. Such program includes formal information security policies and procedures. The Bluepeak information security program is subject to reasonable changes by Bluepeak from time to time. Bluepeak’s standard service offerings do not include managed security services such as encryption, intrusion detection, monitoring or managed firewall. Customer is responsible for selecting and using the level of security protection needed for all Customer data stored or transmitted via the Service and using reasonable information security practices, including those relating to the encryption of data.
  10. PRIVACY AND CONFIDENTIALITY
    • 10.1 By providing Services, Bluepeak does not require or intend to access any confidential health related information of Customer’s clients, which may include group health plans, that constitutes Protected Health Information (“PHI”), as defined in 45 C.F.R. §160.103 under the Health Insurance Portability and Accountability Act of 1996 (“HIPAA Rules”).
    • 10.2 Nondisclosure Requirements. If the parties have not executed a mutual nondisclosure agreement, this provision will govern their exchange of Neither Party will disclose any Confidential Information (defined below) received from the other party, or otherwise discovered by the receiving party, to any third party, except as expressly permitted in this Agreement. This obligation will continue until two years after the Agreement expires or terminates. Confidential Information includes, but is not limited to, pricing and terms of the Agreement, and information relating to the disclosing party’s technology, business affairs, trade secrets, development and research information, and marketing or sales plans (collectively the “Confidential Information”). The receiving party may disclose Confidential Information to its subsidiaries, Affiliates, agents and consultants with a need to know, if they are not competitors of the disclosing party and are subject to a confidentiality agreement at least as protective of the disclosing party’s rights as this provision.The parties will use Confidential Information only for the purpose of performing under this Agreement or for the provision of other Bluepeak services. The foregoing restrictions on use and disclosure of Confidential Information do not apply to information that: (A) is in the possession of the receiving party at the time of its disclosure and is not otherwise subject to obligations of confidentiality; (B) is or becomes publicly known, through no wrongful act or omission of the receiving party; (C) is received without restriction from a third party free to disclose it without obligation to the disclosing party; (D) is developed independently by the receiving party without reference to the Confidential Information, or (E) is required to be disclosed by law, regulation, or court or governmental order. The parties acknowledge that the receiving party’s unauthorized disclosure or use of Confidential Information may result in irreparable harm. If there is a breach or threatened breach of the Agreement, the disclosing party may seek a temporary restraining order and injunction to protect its Confidential Information. This provision does not limit any other remedies available to either party. The party who breached or threatened to breach its nondisclosure obligation under the Agreement will not raise the defense of an adequate remedy at law. Bluepeak will not be deemed to have accessed, received, or be in the possession of Customer Confidential Information solely by virtue of the fact that Customer transmits, receives, accesses or stores such information through its use of Bluepeak’s Services.
  11. LIABILITY
    • 11.1 Direct Each party’s maximum liability for damages caused by its failure(s) to perform its obligations under the Agreement is limited to: (A) proven direct damages for claims arising out of personal injury or death, or damage to real or personal property, caused by the party’s negligent or willful misconduct; and (B) proven direct damages for all other claims arising out of the Agreement, not to exceed in the aggregate, in any 12-month period, an amount equal to Customer’s total net payments for the affected Services purchased in the month preceding the month in which the event giving rise to the claim occurred. Customer’s payment obligations, Customer’s liability for early termination charges, and the parties’ indemnification obligations under the Agreement are excluded from this provision.
    • 11.2 Consequential NEITHER PARTY WILL BE LIABLE FOR ANY CONSEQUENTIAL, INCIDENTAL, OR INDIRECT DAMAGES FOR ANY CAUSE OF ACTION, WHETHER IN CONTRACT OR TORT. CONSEQUENTIAL, INCIDENTAL, AND INDIRECT DAMAGES INCLUDE, BUT ARE NOT LIMITED TO, LOST PROFITS, LOST REVENUES, AND LOSS OF BUSINESS OPPORTUNITY, WHETHER OR NOT THE OTHER PARTY WAS AWARE OR SHOULD HAVE BEEN AWARE OF THE POSSIBILITY OF THESE DAMAGES.
    • 11.3 Unauthorized Access and Except for physical damage to Customer’s transmission facilities or Customer premise equipment directly caused by Bluepeak’s negligence or willful misconduct, Bluepeak is not responsible for unauthorized access to, or alteration, theft, or destruction of, Customer’s data, programs or other information through accident, wrongful means or any other cause while such information is stored on or transmitted across Bluepeak-provided network facilities or Customer-provided equipment.
  12. INDEMNIFICATION
    • 12.1 Mutual Indemnification for Personal Injury, Death or Damage to Personal Each party will indemnify and defend the other party, its directors, officers, employees, agents and their successors from and against all third-party claims for damages, losses, liabilities, or expenses, including reasonable attorneys’ fees, arising directly from performance of this Agreement and relating to personal injury, death, or damage to tangible personal property that is alleged to have resulted, in whole or in part, from the negligence or willful misconduct of the indemnifying party or its subcontractors, directors, officers, employees or authorized agents.
    • 12.2 Customer Customer will indemnify and defend Bluepeak, Bluepeak’s officers, directors, agents, and employees and their successors, against all third-party claims for damages, losses, liabilities or expenses, including reasonable attorneys’ fees, arising out of:
      • A – Customer’s failure to obtain required permits, licenses, or consents necessary to enable Bluepeak to provide the Services (e.g., landlord permissions or local construction licenses). This provision does not include permits, licenses, or consents related to Bluepeak’s general qualification to conduct business;
      • B – Customer’s transmissions, or transmissions by parties authorized by Customer, of, information, data, or messages over the Bluepeak-provided network leading directly or indirectly to third-party claims: (1) for libel, slander, invasion of privacy, infringement of copyright, and invasion or alteration of private records or data; (2) for infringement of patents arising from the use of equipment, hardware or software not provided by Bluepeak; and (3) based on transmission and uploading of information that contains viruses, worms, other destructive media or other unlawful content; or
      • C – Bluepeak’s failure to pay any tax to the extent that Bluepeak relied on Customer’s claimed legitimate exemption under applicable law.
    • 12.3 Bluepeak Indemnification. Bluepeak will indemnify and defend Customer, Customer’s officers, directors, agents, and employees and their successors against third-party claims enforceable in the United States alleging that Services as provided infringe any third-party United States patent or copyright or contain misappropriated third-party trade secrets. Bluepeak’s obligations under this Section will not apply if the infringement or violation is caused by Customer’s modification to Bluepeak-provided software, equipment or Services; combination of Bluepeak-provided Services or products with other services or products; functional or other specifications that were provided by or requested by Customer; or Customer’s continued use of infringing Services after Bluepeak provides reasonable notice to Customer of the infringement. For any third-party claim that Bluepeak receives, or to minimize the potential for a claim, Bluepeak may, at its sole option, procure the right for Customer to continue using the Services; replace or modify the Services with comparable Services; or terminate the affected Services or this Agreement.
    • 12.4 Rights of Indemnified To be indemnified, the party seeking indemnification must promptly notify the other party in writing of the claim (unless the other party already has notice of the claim); give the indemnifying party full and complete authority, information and assistance for the claim’s defense and settlement; and not, by any act, admission, or acknowledgement, materially prejudice the indemnifying party’s ability to satisfactorily defend or settle the claim. The indemnifying party will retain the right, at its option, to settle or defend the claim, at its own expense and with its own counsel. The indemnified party will have the right, at its option, to participate in the settlement or defense of the claim, with its own counsel and at its own expense, but the indemnifying party will retain sole control of the claim’s settlement or defense.
    • 12.5 The foregoing provisions of this Section state the entire liability and obligations of the indemnifying party and any of its Affiliates or licensors, and the exclusive remedy of the indemnified party, with respect to the claims described in this Section 11.
  13. TERM AND TERMINATION
    • 13.1 Agreement Term. The period set forth in the Order during which Bluepeak provides Services to Customer is defined as the “Agreement ” This Agreement applies from the Effective Date until the Agreement Term expires or terminates. Bluepeak will not accept Orders for Services after expiration of the Agreement Term, but this Agreement will continue to apply to Orders properly placed during the Agreement Term. If Customer continues to use maintenance or managed Services following the termination or expiration of the Agreement Term or an Order issued during the Agreement Term for such Services, Bluepeak may, at its sole discretion, provide those Services on a time and material basis at Bluepeak’s then-current rates without applying any discounts or credits under the Agreement, however, this Agreement will govern Bluepeak’s provision of such Services.
    • 13.2 Service Order Term. Individual Orders may carry their own service Term and/or termination procedures that apply to that specific contracted service, and in such case, such Term and procedures shall govern the service provided under the Order only.
    • 13.3 Termination by Either Party. Except as otherwise provided herein, either Party may terminate this Agreement, without liability of any kind, in the event of the other Party’s material breach that remains uncured thirty (30) days after the non-breaching Party provides written notice of such breach. The Service may be Terminated by Bluepeak, with or without notice: (i) if acts of Customer, including furnishing false credit information, indicate intent to defraud Bluepeak; (ii) Customer has not paid amounts due; (iii) if Customer violates regulatory requirements, federal or state law or intentional abuse of the Service. Bluepeak may also terminate this Agreement or any Order for convenience by providing thirty (30) days advance written notice.
    • 13.4 Early Termination. In the event of any early termination other than for Bluepeak’s material breach, Customer shall pay the remaining months to fulfill the Term times the monthly Rate on the Order.
    • 13.5 Term Expiration. Upon Term expiration, Customer may continue the Service according to renewal options made available by Bluepeak (if any) at that time.  If Customer does not elect an additional service period or does not request discontinuance, then the Service Term will automatically renew for the same service period.
  14. FORCE MAJEURE
    • 14.1 Neither Party shall be liable to the other, nor shall any remedy be extended, for any failure of performance under this Agreement (other than failure to make payments) proximately due to causes beyond that party’s reasonable control, including but not limited to: acts of God, fire, explosion, flood, earthquake, tornado, storms, any law, order, regulation, action or request of any government or regulatory entity or agency, or any civil or military authority; emergencies; civil unrest, insurrections, riots, wars; power failure, equipment failure, industrial or labor dispute, inability to obtain necessary supplies and the like. Upon the occurrence of any such events, the affected Party shall use its reasonable efforts to notify the other Party of the nature and extent of any such condition.
  15. GOVERNING LAW; ALTERNATE DISPUTE RESOLUTION
    • 15.1 Governing Law. This Agreement and performance hereunder shall be governed by and construed in accordance with the laws of the State of South Dakota without regard to its choice of law provisions.
    • 15.2 Waiver of Jury Trial and Class Action. Each Party, to the extent permitted by law, knowingly, voluntarily, and intentionally waives its right to a jury trial and any right to pursue any claim or action relating to this Agreement on a class or consolidated basis or in a representative capacity.
    • 15.3 Alternate Dispute Resolution.  Any dispute arising out of or relating to this Agreement, including the alleged breach, termination, validity, interpretation and performance thereof (“Dispute”) shall be resolved with the following procedures: Upon written notice of any Dispute, the parties shall attempt to resolve it promptly by negotiation between executives who have authority to settle the Dispute and this process should be completed within 30 days (the “Negotiation”). Any Dispute not resolved through Negotiation shall be resolved by arbitration in accordance with the United States Arbitration Act (and other applicable federal law) and/or Arbitration rules of the State of South Dakota. The arbitration will be held at a regional location in the State of South Dakota using one arbitrator, unless the Dispute exceeds one million dollars (USA) in which case there shall be three neutral arbitrators, as a panel. The arbitrators may award costs and/or attorneys’ fees to the prevailing party. The Parties further agree that the arbitrator shall-have no authority to award non-monetary or equitable relief, and any monetary award shall not include punitive damages. Nothing contained in this section will limit either Party’s ability to seek injunctive relief in any court. The Parties will mediate and arbitrate disputes in confidence. Each Party shall bear its own costs incurred in connection with the arbitration. Other costs will be allocated as the arbitrator directs. THE PARTIES HEREBY IRREVOCABLY WAIVE ALL RIGHTS TO TRIAL BY JURY IN ANY COURT IN ANY ACTION FOR THE ADJUDICATION OF SUCH CLAIM OR DISPUTE.
  16. ASSIGNMENT
    • Customer may not assign any rights or obligations under this Agreement or an Order without Bluepeak’s prior written consent, except that Customer may assign the Agreement, after 30 days prior written notice, to an Affiliate or an entity that has purchased all or substantially all of Customer’s Bluepeak may assign this Agreement or an Order, in whole or in part, without Customer’s prior written consent.
  17. NOTICES
    • 17.1 Notices required under this Agreement must be submitted in writing to the Party’s address for notice listed in this Agreement or Order and, in the case of a dispute, notices must also be sent to:
      • in the case of Bluepeak:
        Clarity Telecom, LLC d/b/a Bluepeak
        Attn: Compliance Officer
        5100 S. Broadband Lane
        Sioux Falls, SD 57108
      • in the case of Customer: to the address set forth on the applicable Order.

 

BUSINESS SERVICE ORDER

Name of Customer/Business:

Date:

Phone:

Physical Address:

Billing Address:

Contract Terms:

Sales Rep: 

Quote #:

Product Line Description New vs Existing Qty Sales Price Install Fees Monthly Charges
All
Install Fee
*Pricing subject to approval after internal review*                                Total:
Special Instructions:
Promotional Offer Details:

 

Directory Listing Information – Address:
Directory Listing:

Listing: Phone:

YP Heading: SIC Code: YPH Code:

This Service Order is subject to and is hereby incorporated by reference into the Business Services Agreement between the Customer named on this Service Order and Clarity Telecom, LLC d/b/a Bluepeak. You agree and understand that prices do not include taxes, fees or surcharges, which may include government-imposed fees and taxes, government program fees (such as TRS and universal service), and non-governmental fees and charges (such as the Broadcast TV surcharge and other programming cost recovery fees, subscriber line charges, line fees, access charges and carrier service fees and will vary depending upon your service location and the services to which you subscribe. The taxes, fees and surcharges may be changed at any time. During the initial term of this Service Order, your quoted MRC for Internet services will not change. Video service prices are subject to annual increases.

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Net Neutrality

Bluepeak Statement Supporting a Free and Open Internet

Net Neutrality is on the national stage for debate. We want you to know that Bluepeak supports net neutrality provisions for an Open Internet.

What is Net Neutrality?

Net neutrality is the principle that internet service providers (ISPs) should provide all online content equally without favoring or blocking specific products, websites or types of content. In short, it means that all traffic on the internet is equal and equally accessible.

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FCC Network Transparency

NETWORK TRANSPARENCY STATEMENT

Bluepeak provides this Network Transparency Statement in accordance with the FCC’s Restore Internet Freedom Rules to ensure that you have sufficient information to make informed choices about the purchase of broadband services.  Information about Bluepeak’s other policies and practices concerning broadband are available at www.mybluepeak.com

Bluepeak engages in network management practices that are tailored and appropriate for achieving optimization on the network considering the particular network architecture and technology of its broadband Internet access service.  Bluepeak’s goal is to ensure that all of its customers experience a safe and secure broadband Internet environment that is fast, reliable and affordable.  Bluepeak wants its customers to indulge in all that the Internet has to offer, whether it is social networking, streaming videos and music, to communicating through email and videoconferencing.

Bluepeak’s network management includes congestion- and security-protocol-management and customers generally will not be impacted by the protocols and practices that Bluepeak uses to manage its network.

A. Bluepeak Network Transparency Disclosures

Bluepeak uses various tools and industry standard techniques to manage its network and deliver fast, secure and reliable Internet service.  Bluepeak believes in full transparency and provides the following disclosures about its network management practices:

  1. Blocking: Bluepeak does not block or discriminate against lawful content.
  1. Throttling: Bluepeak does not throttle, impair or degrade lawful Internet traffic.
  1. Affiliated Prioritization: Bluepeak does not prioritize Internet traffic and has no plans to do so.
  1. Paid Prioritization: Bluepeak has never engaged in paid prioritization. We don’t prioritize Internet for consideration to benefit particular content, applications, services or devices. Bluepeak does not have plans to enter into paid prioritization deals to create fast lanes.
  1. Congestion Management: Bluepeak monitors the connections on its network in the aggregate on a continuous basis to determine the rate of utilization. If congestion emerges on the network, Bluepeak will take the appropriate measures to relieve congestion.

On Bluepeak’s network, all customers have access to all legal services, applications and content online and, in the event of congestion, most Internet activities will be unaffected.  Some customers, however, may experience longer download or upload times, or slower surf speeds on the web if instances of congestion do occur on Bluepeak’s network.

Customers using conduct that abuses or threatens the Bluepeak network or which violates the company’s Acceptable Use Policy, Internet service Terms and Conditions, or the Internet Service Agreement will be asked to stop any such use immediately.  A failure to respond or to cease any such conduct could result in service suspension or termination.

Bluepeak’s network and congestion management practices are ‘application-agnostic’, based on current network conditions, and are not implemented on the basis of customers’ online activities, protocols or applications. Bluepeak’s network management practices do not relate to any particular customer’s aggregate monthly data usage.

Bluepeak monitors its network on a continuous basis to determine utilization on its network.  Bluepeak also checks for abnormal traffic flows, network security breaches, malware, loss, and damage to the network. If a breach is detected or high volume users are brought to light by complaint, Bluepeak provides notification to the customer via email or phone.  If a violation of Bluepeak’s policies has occurred and such violation is not remedied, Bluepeak will seek to suspend or terminate that customer’s service.

  1. Application-Specific Behavior: Except as may be provided elsewhere herein, Bluepeak does not currently engage in any application-specific behaviors on its network. Customers may use any lawful applications with Bluepeak.
  2. Device Attachment Rules: Customers must use PPPoE for authentication of point to point connections between devices on the network. There is a limit of one (1) PPPoE session per account.  For best results, DSL modems, wireless modems, or other proprietary network gateways used on the Bluepeak broadband network should be provided by Bluepeak. Customers may attach devices of their choosing to their modems, including wired or wireless routers, laptops, desktop computers, video game systems, televisions, or other network-enabled electronics equipment. However, customers are responsible for ensuring that their equipment does not harm Bluepeak’s network or impair the service of other customers. Bluepeak is not responsible for the functionality or compatibility of any equipment provided by its customers. Customers are responsible for securing their own equipment to prevent unauthorized access to Bluepeak’s broadband network by third parties and will be held responsible for the actions of such third parties who gain unauthorized access through unsecured customer equipment.
  3. Network Security: Bluepeak knows the importance of securing its network and customers from network threats and annoyances. The company promotes the security of its network and patrons by protections from such threats as spam, viruses, firewall issues, and phishing schemes.  Bluepeak also deploys spam filters in order to divert spam from an online customer’s email inbox into a quarantine file while allowing the customer to control which emails are identified as spam.

As its normal practice, Bluepeak does not block any protocols, content or traffic for purposes of network management, but Bluepeak may block or limit such traffic as spam, viruses, malware, or denial of service attacks to protect network integrity and the security of our customers.

B. Network Performance

  1. Service Descriptions

Bluepeak deploys Internet access to its subscribers through hardwired broadband access (Cable modem, DSL, Fiber, and Point to Point Fixed LTE Wireless)

  1. Network Performance

Bluepeak makes every effort to support advertised speeds and will dispatch repair technicians to customer sites to perform speed tests as needed to troubleshoot and resolve speed and application performance caused by Bluepeak’s network.  Bluepeak measures availability, latency, and aggregate utilization on the network and strives to meet internal service level targets.

However, the bandwidth speed at which a particular distant website or other Internet resources may be downloaded, or the speed at which your customer information may be uploaded to a distant website or Internet location is affected by factors beyond Bluepeak’s control, including the speed of the connection from a distant web server to the Internet, congestion on intermediate networks, and/or limitations on your own computer equipment, including a wireless router.  In addition, your service performance may be affected by the inside wiring at your premise.  Accordingly, you, the customer, must consider the capabilities of your own equipment when choosing a Bluepeak broadband service. Your computers and/or wireless or other networks in your homes or offices may need an upgrade in order to take full advantage of the chosen Bluepeak broadband plan.

For the wireless service, Bluepeak measures Bit Error Rate (BER) and the Received Signal Strength Indicator (RSSI) parameters for transmission rates, latency, and traffic every 15 min.  For DSL, Fiber and Cable Modem service, Bluepeak measures traffic every 5 min.  All services are best effort.

Bluepeak tests each service for actual and expected access speeds at the time of network installation to demonstrate that the service is capable of supporting the advertised speed.

Based on the network information Bluepeak receives from its monitoring efforts, Bluepeak’s network is delivering data transmission rates advertised for the different high-speed Internet services. To be sure, Bluepeak has implemented a program of testing the performance of its network by using a test protocol similar to the one sanctioned by the FCC.  We installed specific network performance monitoring equipment at aggregation points across our network and conducted a series of tests using this equipment. Bluepeak reports the results of this testing below. This result applies to both upload and download data rates, and applies for measurements made both at peak times and over a 24-hour period:

DOWNLOAD & UPLOAD SPEEDS, LATENCY

DOWNLOAD SPEEDS

SPEED TIER MEASURED (PEAK TIMES) MEASURED

(OFF-PEAK TIMES)

15 Mbps 15 Mbps or Higher 15 Mbps or Higher
100 Mbps 100 Mbps or Higher 100 Mbps or Higher
150 Mbps 150 Mbps or Higher 150 Mbps or Higher
200 Mbps 200 Mbps or Higher 200 Mbps or Higher
1000 Mbps 1000 Mbps or Higher 1000 Mbps or Higher
1 Gbps 1 Gbps or Higher 1 Gbps or Higher
2 Gbps 2 Gbps or Higher 2 Gbps or Higher
5 Gbps 5 Gbps or Higher 5 Gbps or Higher

 

UPLOAD SPEEDS

SPEED TIER MEASURED (PEAK TIMES) MEASURED

(OFF-PEAK TIMES)

3 Mbps 3 Mbps or Higher 3 Mbps or Higher
10 Mbps 10 Mbps or Higher 10 Mbps or Higher
20 Mbps 20 Mbps or Higher 20 Mbps or Higher
30 Mbps 30 Mbps or Higher 30 Mbps or Higher
1 Gbps 1 Gbps or Higher 1 Gbps or Higher
2 Gbps 2 Gbps or Higher 2 Gbps or Higher
5 Gbps 5 Gbps or Higher 5 Gbps or Higher

 

LATENCY

SPEED TIER LATENCY (PEAK TIMES) LATENCY

(OFF-PEAK TIMES)

15/3 Mbps 26.83ms 23.01ms
100/10 Mbps 26.83ms 23.01ms
150/10 Mbps 26.83ms 23.01ms
200/20 Mbps 26.83ms 23.01ms
1000/30 Mbps 26.83ms 23.01ms

 

  1. Impact of Non-BIAS Data Services

The FCC has defined Non-Broadband Internet Access Services (Non-BIAS) to include services offered by broadband providers that share capacity with Broadband Internet Access Services (BIAS) (previously known as “Specialized Services”) also offered by the provider over the last-mile facilities.  At this time, Bluepeak is not offering any non-BIAS data services.

  1. Commercial Terms

Pricing and additional service information may be found www.mybluepeak.com.

In addition to this Network Transparency Statement, patrons may also find links to the following on the Bluepeak Website:

For questions, complaints or requests for additional information, please contact Bluepeak at:

  • Business Office at 1-888-975-4BLU (4258)
  • Email at customerservice@mybluepeak.com

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Bluepeak SMS Alert

These terms and conditions (“Terms”) apply to your use of the text messaging (“Alerts”) offered by Clarity Telecom, LLC d/b/a Bluepeak and its affiliates (collectively, “Bluepeak”, “us”, and “our”).  The Alerts are available only to subscribers of Bluepeak services. These Terms apply in addition to all other terms, agreements, and policies that apply to the Bluepeak services.

Receiving Alerts and your Acknowledgments. In order to use the Alerts, you may be required to provide information about yourself (such as account identification, phone number(s), and contact details) to verify your status as the account holder or authorized person on the Bluepeak account.  By providing your mobile phone number(s) to Bluepeak and its affiliates and consenting to receive further updates via Alerts, you provide us with your express consent to receive Alerts (Short Messaging Service “SMS” and Multimedia Messaging Service “MMS”) at that number and (i) acknowledge and represent to us that you are the authorized user of the mobile phone(s) that you link to our text message service or have been granted permission by the authorized user of the mobile phone(s) to enroll such mobile phone(s) in the service; (ii) you grant Bluepeak express consent to send text messages to that (those) mobile phone(s) through your wireless phone carrier unless and until such permission is revoked in accordance with these Terms; (iii) you agree your receipt of SMS and/or MMS messages from Bluepeak is NOT a violation of state or federal rules including, but not limited to, the Telephone Consumer Protection Act (TCPA) or Controlling the Assault of Non-Solicited Pornography and Marketing (CAN-SPAM) Act; (iv) you understand that your wireless carrier may charge you additional message and data fees for receipt of our text messages; and (v) by granting such permission to Bluepeak you hereby consent to receive such messages in spite of the fact that your number may otherwise be on the federal or a state’s do-not-call list, and you agree, to the maximum extent permitted by law, that such text messages shall not be in violation of such do-not-call list(s) or related restrictions.

 

Types of Alerts: Informational and emergency Alerts may be activated on your account automatically, you may receive enrollment confirmation messages, or both may occur. These messages allow us to inform you about planned and unplanned service outages in your area, appointment reminders, as well as remind you about important account information (invoice availability, balance due and payment due dates, payment confirmations, and other issues).  If you do not wish to receive such alerts, you must notify us as indicated below.  We may also inform you about the availability of special promotions that we are offering through text messages.

 

Stopping Alerts: Alerts can be cancelled at any time by texting “STOP” from your mobile phone in response to a text message from Bluepeak, or texting “STOP” to 888-975-4258. You agree that your prior express consent to receive Alerts shall continue indefinitely unless and until you cancel your prior express consent through the means mentioned in this paragraph. Other methods or means attempted to revoke your prior express consent may cause unnecessary delay or be ineffective and you hereby release Bluepeak from any liability related to your efforts to revoke your prior express consent by methods or means other than texting “STOP” (without spaces or other words) to 888-975-4258. If you are revoking your consent by texting “STOP” to 888-975-4258 (or in response to a Bluepeak Alert), your text message should contain only the word “STOP” without any additional words, spaces, or characters either before or after the word “STOP.” Bluepeak  will reasonably endeavor to comply with other text (email or phone) communications in which you indicate a clear and unmistakable intent to revoke your prior permission; however, you (a) understand that text messages to 888-975-4258 go to an automated number that is not monitored by a human, and the ability to interpret your intent is severely restricted and, therefore, (b) you hereby release Bluepeak from any liability for your efforts to revoke your permission via a text message that does not strictly comply with the terms stated in this paragraph. Furthermore, by activating Alerts, you hereby grant Bluepeak express permission (without qualification) to respond to your cancellation request, whether that request came through a telephone call with a Bluepeak employee or by texting “STOP,” with a confirmatory text message in return that will (i) confirm receipt of your cancellation request as well as (ii) indicate that you will no longer receive Alerts from Bluepeak. Furthermore, you agree that Bluepeak will reasonably endeavor to send you the aforementioned confirmatory cancellation text message in a timely manner.

However, you hereby release Bluepeak from any liability related to a confirmatory text message or the timeliness in which you receive one.

Please note that this section only pertains to Alerts.  Regardless of your choices in this section, you will remain opted in to other Bluepeak communications you have consented to, including email communications.

 

Get Help or Support: To get help or answers to your questions, visit our website at https://mybluepeak.com/help/ (Select “Text Us with Bluepeak Touch”), text the word HELP without additional characters to 888-975-4258 for assistance with Alerts (you must be registered with Alerts for this function to work), or call 888-975-4258.

 

Cost of Alerts: Bluepeak does not charge to send you Alerts. However, depending on the plan you subscribe to with your wireless carrier, message and data rates may be applied by your wireless carrier. Check with your wireless carrier for your plan details.

 

Message Frequency: Message frequency will be at least monthly, but ultimately depends on the type of alerts sent to your mobile phone, the manner in which you conduct account activities, as well as the number of planned or unplanned maintenance events scheduled in your area.  Customers can typically expect 3 – 5 Alerts per month.

 

Carriers Supported List: The following carriers are currently supported by Bluepeak’s text alert service: AT&T, Alaska (ACS Wireless), Alltel Wireless, Appalachian Wireless, Bluegrass Cellular, Boost Mobile, C Spire Wireless, Carolina West Wireless, Cellcom, Cellone Nation, Cellular One of East Central Illinois, Charlton Valley Cellular, Chat Mobility, Cincinnati Bell, Coral Wireless, Cricket (Leap Wireless), Cross (d/b/a Sprocket), DTC Wireless, Duet IP, Element Mobile, EpicTouch, GCI Communications, Golden State Cellular, Illinois Valley Cellular, Immix/Keystone Wireless, Inland Cellular, iWireless, Leaco, MetroPCS, Mosaic, Nemont/Sagebrush, NTELOS, Nex-Tech Wireless, Nextel Communications, Northwest Missouri Cellular, Panhandle Wireless, Peoples Wireless, Pine Cellular, Pioneer, Plateau Wireless, Revol Wireless, Rina-Custer, Rina-All West, Rina-Cambridge Telecom Coop, Rina-Eagle Valley Comm, Rina Farmers Mutual Telephone Co, Rina—Nucla Nutria Telephone Co, Rina-Silver Star, Rina-South Central Comm, Rina-Syringa, Rina-UBET, Rina-Manti, South Canaan/Cellular One of NEPA, Sprint PCS Wireless, T-Mobile, Thumb Cellular, US Cellular, Union Wireless, United Wireless, Verizon Wireless, Viaero Wireless, Virgin Mobile, and West Central Wireless (WCC).

 

Changes to these Terms: Bluepeak reserves the right to amend these terms or cancel the Alerts at any time, including to change, modify, add to, update, or remove Terms (collectively “amend” or “update”). Please check these Terms on a regular basis for changes. If we choose to amend the Terms, we will update the “Last Updated” date at the top of the Terms and posted the updated version.  Your continued use and acceptance of Alerts after changes are posted will mean that you accept the terms as amended by the posted changes and agree to be bound by them.

No Guarantee or Warranties: Alerts use wireless service provider networks to deliver SMS and/or MMS (text) service; however, Bluepeak does not operate the wireless networks. Bluepeak is not liable for the availability (or lack thereof) of wireless network coverage, the failure of the wireless networks to complete a transaction, deliver an Alert or message, or otherwise interfere with the timeliness or transmission of SMS and/or MMS or the Alerts. Bluepeak disclaims any responsibility for any wireless service used to access the Alerts. Alerts are only for customers based in the United States.  Customer understands and acknowledges that Alerts are not intended to be accessed from outside of the United States.  In addition, because Bluepeak does not operate or control the wireless networks used to access the Alerts, we cannot guarantee the privacy or security of wireless data transmissions.  Please check with your wireless service provider for information about its privacy and security practices. Bluepeak is not responsible for incomplete, lost, late, or misdirected messages, including (but not limited to) undelivered messages resulting from any form of filtering by your wireless carrier or service provider. Bluepeak also makes no representations or warranties whatsoever regarding Alerts. The services are provided on an “as is” and “as available” basis. Bluepeak and its subsidiaries, affiliates, officers, agents, employees, partners, and licensors expressly disclaim all warranties of any kind, whether express or implied, including, but not limited to the implied warranties of merchantability, fitness for a particular purpose and non-infringement. Bluepeak, its subsidiaries, affiliates, officers, agents, employees, partners, and licensors make no warranty that (a) the Alerts will meet your requirements; (b) the Alerts will be uninterrupted, timely, secure, or error-free; or (c) the results that may be obtained from the use of the Alerts will be accurate or reliable.

Privacy: For additional information regarding Bluepeak’s use of your information, please see our Privacy Policy [https://mybluepeak.com/terms-conditions/#privacy ]. You acknowledge and agree that text messaging is provided via wireless systems to transmit communications over complex networks. We do not guarantee that your use of Alerts will be private or secure, and we are not liable to you for any lack of privacy or security you may experience. You are fully responsible for taking precautions and providing security measures best suited for your situation and intended use of Alerts, including expressing your desire to not receive them.

Limitation of Liability: TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, YOU HEREBY AGREE THAT BLUEPEAK SHALL NOT BE LIABLE FOR ANY DIRECT, INDIRECT, CONSEQUENTIAL, SPECIAL, INCIDENTAL, PUNITIVE, OR ANY OTHER DAMAGES, EVEN IF BLUEPEAK HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGE OR LOSS, ARISING OR RESULTING FROM OR IN ANY WAY RELATING TO YOUR USE OR RECEIPT OF OR FAILURE TO RECEIVE ALERTS.  OTHER THAN AS REQUIRED UNDER APPLICABLE CONSUMER PROTECTION LAW, UNDER NO CIRCUMSTANCE WILL BLUEPEAK, ITS PARENTS, SUBSIDIARIES, AFFILIATES, AGENTS OR LICENSORS BE LIABLE FOR ANY LOSS OR DAMAGE CAUSED BY THE USE OF OR RELIANCE ON INFORMATION OBTAINED THROUGH THE ALERTS. THE SERVICE IS PROVIDED “AS IS,” “WITH ALL FAULTS,” AND “AS AVAILABLE.” BLUEPEAK AND ITS PARENTS, SUBSIDIARIES, AFFILIATES, AGENTS OR LICENSORS CANNOT AND DO NOT WARRANT THE ACCURACY, COMPLETENESS, USEFULNESS, TIMELINESS, NONINFRINGEMENT, MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE OF THE INFORMATION AVAILABLE THROUGH THE SERVICE, NOR DO THEY GUARANTEE THAT THE SERVICE WILL BE ERROR-FREE, OR CONTINUOUSLY AVAILABLE, OR FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS.  FURTHERMORE, BLUEPEAK SHALL NOT BE LIABLE FOR THE ACTS OR OMISSIONS OF THIRD PARTIES, INCLUDING BUT NOT LIMITED TO DELAYS IN THE TRANSMISSION OF MESSAGES DUE TO CIRCUMSTANCES OUT OF BLUEPEAK’S CONTROL.

Indemnity: To the maximum extent permitted by applicable law, you hereby agree to indemnify and hold harmless Bluepeak, its subsidiaries, affiliates, officers, agents, employees, partners, and licensors from any claim or demand, including reasonable attorneys’ fees, made by any third party due to or arising out of your use or receipt of or failure to receive Alerts or your failure to notify Bluepeak that you have changed your telephone number.

 

Termination: Bluepeak reserves the right, in its sole discretion, to cancel or suspend its Alerts services, in whole or in part, for any reason, with or without notice to you.

 

Governing Law and Jurisdiction; Enforceability: Governing law and enforceability of these Terms will be the same as those that apply to your services’ otherwise applicable terms and conditions. In case of a conflict or ambiguity regarding governing law in such otherwise applicable terms and conditions, these Terms will be construed under the laws of the State of South Dakota. These Terms, and your relationship with Bluepeak under them, shall be governed by the laws of South Dakota. By using the Alerts, you consent to the exclusive jurisdiction of the state and federal courts in South Dakota in all disputes arising out of or relating to these Terms and the Alerts.  If any part of these Terms is held invalid or unenforceable, that portion shall be construed in a manner consistent with applicable law to reflect, as nearly as possible, the original intentions of these Terms, and the remaining portions shall remain in full force and effect.

Terms and Conditions Incorporated Herein: You agree that for all matters not explicitly addressed herein, including general terms applicable to both email and Alerts, Bluepeak ’s Terms and Conditions (the “Bluepeak Terms and Conditions”) shall apply and are hereby incorporated herein by reference. In addition, you hereby reaffirm your agreement to the Bluepeak Terms and Conditions, and your continued use and acceptance of Alerts will mean that you accept the Bluepeak Terms and Conditions then in effect.