Legal

Acceptable Use Policy

ACCEPTABLE USE POLICY

This policy applies to all Dakota Central Internet subscribers. Subscribers are responsible for compliance with the AUP and for use of their account, address, circuit, line, terminal or service by non-subscribers such as relatives, friends, guests, employees, independent contractors, agents, customers, visitors and others who access the Internet via a subscriber’s account, address, circuit, line, terminal or service.

Dakota Central does not typically monitor or exercise editorial control over the use of its Internet services. However, Dakota Central is in compliance with the federally mandated CALEA Act and will investigate, or cooperate with investigations by legal authorities of instances or patterns of reasonably suspected unlawful or unacceptable use that are brought to its attention.

Violation of this AUP may result in the immediate suspension or termination of a subscriber’s service/account and forfeiture of all fees paid to date. Further, the imposition of additional administrative and/or reactivation charges or the institution of legal actions to enjoin violations and/or collect damages may also be imposed. Dakota Central management will review all alleged violations of this policy on a case-by-case basis. All Internet usage is under the discretion of Dakota Central.

The subscriber will indemnify and hold harmless Dakota Central against any loss, damage, cost and expense which Dakota Central may incur or become liable for by reason of claims or actions for libel, violation of privacy rights, plagiarism, copyright infringement, trademark or trade name infringement, domain name disputes, and claims arising in connection with data transmitted pursuant to the terms and provisions of this agreement and any claims or suits resulting from the account holder’s use of the service including, without limitation, the expense and cost of defending any and all such claims and actions. The provisions of this paragraph shall survive termination of this agreement.

Dakota Central reserves the right to revise, amend or modify this AUP at any time and in any manner. Dakota Central will label each changed AUP with a new adoption date, and will include a copy of the current AUP on its web site.

UNACCEPTABLE INTERNET USE

The following uses of Dakota Central’s Internet services are not acceptable and constitute violations of the Dakota Central’s Acceptable Use Policy:

Illegal Acts and Uses
Dakota Central Internet services may not be used to transmit any material or engage in any other conduct that intentionally or unintentionally violates any applicable federal, state, local or international statute, court order, regulation or other legal requirement. These illegal acts and uses include but are not limited to conduct that violates legal requirements pertaining to terrorism, fraud, libel, slander, child pornography, obscenity, indecency, harassment, stalking, hate crimes, child endangerment, copyright, trademarks, patents, false advertising, spam, prohibited imports and exports, registration or sale of securities, and/or privacy.

Harm to Minors
Dakota Central Internet services may not be used to harm, or attempt to harm, minors in any way. In addition to illegal acts, the prohibited uses include but are not limited to: 1. Attempts by adults to lure minors (or individuals who should reasonably have been suspected to be minors) into inappropriate meetings, activities or relationships; 2. Adults posing as minors in order to gain inappropriate access to chat groups and other sites and activities frequented by minors; 3. Disclosure of personally identifying information of children under 18 years of age; and 4. Adults assisting minors to gain access to inappropriate materials.

Obscenity
Dakota Central Internet services may not be used to transmit any material that contains explicit or graphic descriptions, pictures or accounts of sexual acts; or that employs language that is obscene, indecent, pornographic or sadistic, as viewed by Dakota Central.

Threats
Dakota Central Internet services may not be used to transmit any material that threatens or encourages harm to individuals or property. In addition to illegal acts, the prohibited uses include but are not limited to statements and behavior in the guise of discussions, pranks, jokes and stories that are reasonably deemed to be intended as threats, or that may be interpreted as threats by reasonable people.

Harassment
Dakota Central Internet services may not be used to transmit any material by any method that harasses, victimizes, degrades or intimidates another person or group. In addition to illegal acts, the prohibited uses include but are not limited to: 1. sending repetitious, unwanted E-mails to a person or entity; 2. transmission of material intended to intimidate or degrade individuals or groups on the basis of race, ethnicity, religion, gender, age, disability or sexual orientation; and 3. planning, solicitation, encouragement or participation in denial of service attacks and similar campaigns intended to flood web sites, E-mail accounts and other destinations with large numbers of uninvited hits or messages.

Fraudulent Activity
Dakota Central Internet services may not be used for fraudulent purposes or activities. The prohibited uses include but are not limited to: 1. making fraudulent offers to sell or buy products, items or services; 2. furnishing dishonest or deliberately misleading item descriptions, bids or payment/delivery promises in online auctions; and 3. advancing pyramid schemes, Ponzi schemes, chain letters, “make-money-fast” schemes and other financial scams.

Forgery or Impersonation
Dakota Central Internet services may not be used to falsely impersonate others, or to deceive or mislead the recipients of transmissions by forging, removing or modifying identifying network header information.

Spamming
Dakota Central Internet services may not be used to transmit any unsolicited commercial e-mail or any unsolicited bulk e-mail, or to engage in any other activities that have the effect of facilitating unsolicited commercial or bulk e-mail, whether or not such activities are themselves commercial in nature.

Propagation of Viruses and Worms
Dakota Central Internet services may not be used to create, propagate, or deliberately transmit computer worms, viruses, Trojan horses, time bombs, trap doors, or other harmful code or programs that are designed or intended, in whole or part, to disrupt, corrupt, damage, destroy or limit the computer hardware or software, databases, or communications systems of other entities, whether or not such programs actually result in any losses of data or communications.

Unauthorized Access
Dakota Central Internet services may not be used to access, or to attempt to access, the accounts of others, or to penetrate or attempt to penetrate security measures of another entity’s computer hardware or software, databases, or communications system, whether or not the invasion results in the corruption or loss of data or communications.

Copyright or Trademark Infringement
Dakota Central Internet services may not be used to transmit any material by any method that infringes any copyright, trademark, patent, trade secret, right of publicity or other proprietary rights of any third party. The prohibited uses include but are not limited to: 1. unauthorized copying of copyrighted material; 2. digitization and distribution of photographs from copyrighted sources; 3. unauthorized transmittal of copyrighted software; and 4. unauthorized sharing and copying of copyrighted music and movies.

Collection of Personal Data
Dakota Central Internet services may not be used to collect or harvest, or attempt to collect or harvest, personal information about third parties without their knowledge or consent.

Resale/Sharing of Services
The resale of Dakota Central’s services is strictly prohibited unless authorized by a separate agreement establishing terms and conditions satisfactory to Dakota Central for the resale of its services.

Network Disruptions
Dakota Central Internet services may not be used for any activity that adversely affects the ability of other entities to use services or the Internet. Prohibited activities include but are not limited to: 1. participation in or facilitation of denial of service attacks against networks, web sites and/or individuals; 2. actions, omissions or configurations that allow third parties to access and use the network or computers of a user in an illegal or inappropriate manner; and 3. interception, interference with, or redirection of e-mail.

Excessive Traffic
Dakota Central Internet services may not be used to transmit excessive amounts of traffic as determined by Dakota Central. Prohibited uses include but are not limited to: 1. use of residential accounts for high-volume or commercial purposes; and 2. routines that generate excessive amounts of traffic.

Network Management
Dakota Central manages its network with the goal of delivering a fast, safe and uncompromised broadband Internet experience to all of its customers. But, high-speed bandwidth and network resources are not unlimited. Managing the network is essential for the promotion of the best possible broadband Internet experience by all of Dakota Central’s customers. The company uses reasonable network management and test practices that are consistent with industry standards. In addition, Dakota Central is required by the FCC to test a random set of customers for speed and latency periodically during the year. By using this service, the customer agrees to allow the Dakota Central to perform these tests. Dakota Central tries to use tools and technologies that are minimally intrusive and, in its independent judgment guided by industry experience, among the best in class. Of course, the company’s network management practices will change and evolve along with the uses of the Internet and the challenges and threats on the Internet.

Accessibility Assistance – Dakota Central TV

ACCESSIBILITY ASSISTANCE – DAKOTA CENTRAL TV (Old Dakota Central TV System with Set Top Boxes)

Daktel Communications provides products and services to requesting customers with visual impairments for easier digital content engagement.

Accessibility – Daktel Communications offers its customers navigation devices with the requisite accessibility features for customers that are blind or visually impaired. Daktel Communications’ video platform provides support for screen readers, keyboard navigation, and audible accessibility for the enjoyment of Daktel Communications’ programming on any TV in the home and for recording programs in the cloud for playback on linked devices.

To obtain additional information such as user guides in accessible format, or to request support with Accessibility and instrumental products, services, devices and features, including Braille, large print documentation, and audible accessibility please call us at 701-952-1000 or visit www.dakotacentral.com.

For any concerns or complaints, please contact us:
Email: [email protected]
Phone: 701-952-1000
Mail: PO Box 1460, Jamestown ND 58421

Additional Accessibility Support

Large-Button Remotes – Remote Controls with larger buttons are available at Dakota Central and can be swapped for your current remote.

Bill Reading – If Customer will pay the bill by phone, Customer Service Representatives will read the Customer’s bill over the phone, upon request.

Video Description – Audio-narrated descriptions of the key visual elements of a TV program or movie are available through My TVs App on Android and IOS devices. When the Accessibility function is activated on your device it will narrate which button you are pushing on the device and on the My TVs Apps remote control. Contact Dakota Central for further information.

Directory Assistance – We can help you find and dial phone numbers. In addition, you may be eligible for discounted or free directory assistance service.

Closed Captioning – Navigation devices provided by Daktel Communications, include a mechanism reasonably comparable to a button, key, or icon for easy activation of the embedded closed captioning function. An automatic closed captioning lock is also available, so captions will always be turned on when you want to watch TV.

TTY Dialing – Phone service is compatible with TTY equipment.

COPYRIGHT INFRINGEMENT NOTIFICATION

We are all familiar with copyright laws, but what exactly is considered copyright infringement?
The most common infringement is the illegal file-sharing of copyrighted materials, such as music and videos. Copyright infringement also includes illegally downloading movies, games, or music. It happens more than you think!In order to reduce the number of infringements, consumers need to be educated on what is unacceptable.
Dakota Central has implemented an application that informs our customers when there has been a violation of copyright laws. The customer will receive a copyright infringement notification when an incident has occurred, and users will be required to acknowledge the notification in order to dismiss it. Details of the infringement will be provided, so as to educate users on what is considered copyrighted material. Recurring incidents may cause Dakota Central to disconnect services.This is an example of the notification customers would see if there is a violation:

Daktel Guidebook

DAKTEL GUIDEBOOK

DMCA Agent Information

DMCA AGENT INFORMATION

The Digital Millennium Copyright Act provides limitation for service provider liability relating to copyright material online. Dakota Central is a service provider in that it provides online services or network access between or among points specified by a user. Dakota Central does not modify the content that is sent or received.

According to its Terms, Conditions and Acceptable Use Policy, Dakota Central requires users “to obtain and provide all required permissions if You use the Service to receive, send, display, distribute or execute works protected by intellectual property laws including copyright and patent laws.” Failure to abide by the Terms, Conditions and Acceptable Use Policy may result in suspension of service or permanent disconnection.

Dakota Central can limit liability by designating an agent for notification of claimed infringement by providing contact information to the Copyright Office and through its publicly accessible web site. The appropriate contact information is as follows:

Service Provider Address
Dakota Central
630 5th St N
Carrington, ND 58421

Agent Designated to Receive Notification of Claimed Copyright Infringement
Salvatore Taillefer, Jr.
Blooston, Mordkofsky, Dickens, Duffy & Prendergast, LLP
2120 L Street NW STE 300
Washington, DC 20037
Phone: 202-659-0830
Email: [email protected]

Network Management Policy

Dakota Central (“We”, “Our”, “Us”) provides this Network Management Policy (“Policy”) in accordance with Federal Communications Commission (“FCC”) requirements to disclose certain network management practices, performance characteristics, and commercial terms. Additional information about our broadband policies and practices is available at https://dakotacentral.com/legal/ (“Website”).

Network Practices

We engage in network management practices that are tailored and appropriate for achieving optimization on our network considering the particular network architecture and technology of our broadband Internet access service. Our goal is to ensure that all our customers experience a safe and secure broadband Internet environment that is fast, reliable, and affordable. We want our customers to experience all the Internet offers, whether it is social networking, streaming videos, listening to music, or communicating through email and videoconferencing.

We manage our network using various tools and industry-standard techniques to ensure fast, secure, and reliable Internet service.

Blocking: We do not block or discriminate against lawful Internet content, applications, services, or non-harmful devices. We conduct only reasonable network management.
Throttling: We do not throttle, impair, or degrade lawful Internet traffic based on content, application, service, user, or use of a non-harmful device. We engage in only reasonable network management practices.
Affiliated Prioritization: We do not favor any Internet traffic over others, including through the use of techniques such as traffic shaping, prioritization, or resource reservation, to benefit an affiliate, and we have no plans to do so.
Paid Prioritization: We have never engaged in paid prioritization. We do not favor or prioritize any Internet traffic over others, and we do not prioritize Internet websites over others in exchange for any consideration to benefit any content, applications, services, or devices.

Network Management Practices

Our network management practices are intended to ensure that we provide our customers with the best possible Internet access. We do not inspect traffic for any other purposes other than to keep track at the network level, where traffic flows ensuring that the network is adequate for the demands of customers. To achieve this goal, we employ network management techniques such as identifying spam and preventing its delivery to customer email accounts, detecting malicious Internet traffic, and preventing the distribution of, or inadvertent access to, malware, phishing, viruses, or other harmful code or content.

Congestion Management

We monitor network connections on a daily basis using Calix Flow Analyze. Traffic utilization data is collected at network aggregation points. Congestion at an aggregation point can cause a reduction in data throughput or perceived sluggish Internet performance from the customer’s perspective. If congestion emerges (over 80% utilization of an aggregation point), we will take the appropriate measures by adding additional physical transport links, thereby increasing overall traffic capacity. Individual customer connections (the customer-selected Internet package) can also experience congestion due to concurrent sessions of over-the-top video, gaming, web applications, etc. In these individual cases where a customer has congestion specific to their connection, we recommend that they upgrade to a higher-speed Internet package.

Our network and congestion management practices do not discriminate based on the type of application being used, nor are they based on any particular customer’s aggregate monthly data usage. We examine only current network conditions, not our customers’ online activities.

We also check 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, we provide notification to the customer.

Customer conduct that abuses or threatens our network or violates our Acceptable Use Policy, Internet service Terms and Conditions, or Internet Service Agreement will be asked to stop immediately. If a customer fails to respond or cease such conduct, we may suspend service or terminate the user’s account.

If we take any congestion management actions, the vast majority of our customers’ Internet activities will be unaffected. Some customers may, however, experience more extended download or upload times or slower surf speeds.

Application-Specific Behavior

Except as may be provided elsewhere herein, we do not engage in any application-specific network management activities on our network. Customers may use any lawful applications with us. We do not inhibit or favor applications or classes of applications over our High-Speed Internet/broadband data network. All traffic is treated in a “protocol-agnostic” manner, which means management is not based on applications and is also content neutral. We do not block or rate-control specific protocols or protocol ports, modify protocol fields, or otherwise inhibit or favor certain applications or classes of applications.

Device Attachment Rules

Customers may attach their own devices to our provided Ethernet port, 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 our network or impair other customers’ service. We are not responsible for the functionality or compatibility of any equipment provided by our customers. Customers are responsible for securing their own equipment to prevent third parties from unauthorized access to our broadband network and will be held responsible for the actions of such third parties who gain unauthorized access through unsecured customer equipment. If we discover a customer device is harmful to our network, we have the right to request that the customer remove such device.

Security

We know the importance of securing our network and customers from network threats and annoyances. We promote the security of our network and our customers by protecting them from threats like spam, viruses, firewall issues, and phishing schemes.

We also deploy spam filters for our email service 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. Customers may access spam files through the email program. Spam files are automatically deleted if not accessed within 14 days.

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

These tools and practices may change from time to time to keep up with changing network technologies and new and innovative ways our customers use the network.

Performance Characteristics

Service Description

We offer Internet service over Fiber-to-the-Home (“FTTH”). Information about our different service offerings can be found at https://dakotacentral.com/. All our broadband services are best effort and can support real-time applications.

Network Performance

We make 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 our network.

The FCC requires that we disclose information regarding the expected and actual speed and latency of our Internet access service offerings. Latency measures the average time it takes for a data packet to travel from one point on a network to another. It is typically measured by round-trip time utilizing milliseconds. While latency generally does not significantly impact day-to-day Internet usage, certain applications, such as high-definition multiplayer online games, may be particularly affected by it.

Our advertised speeds are estimates that we target to achieve for our customers. We cannot guarantee that a customer will achieve those speeds at all times. The actual speeds achieved by customers may vary based on a number of factors, including, but not limited to: (a) the performance and capabilities of the customer’s computer; (b) the connection between a customer’s computer and service demarcation, such as the use of wireless routers; (c) variances in network usage; (d) the distance a packet of information must travel from the customer’s computer to its final destination on the Internet; (e) congestion or variable performance at a particular website or destination; or (f) performance characteristics of transmissions over the Internet that are outside of our control. Accordingly, customers should consider the capabilities of their own equipment when choosing broadband service. Customers may need to upgrade their computers and other networks in their homes or offices to take full advantage of the chosen broadband plan.

There are a number of available tools online that customers may utilize to measure Internet performance. Please note that all speed tests have biases and flaws and should be considered a guide rather than a conclusive measurement of performance.

We test 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.

Customers may also test their actual speeds using the speed test located at https://dakotacentral.speedtestcustom.com/ and request assistance by calling our business office at 701-652-3184 or 701-952-1000 or by emailing [email protected].

The following table shows our internal testing results.

Residential and Business Speeds

Advertised Download/Upload Speed (Mbps)	Technology	Typical Median Download/Upload Speed (Mbps)	Typical Median Latency (ms)
250 Mbps / 250 Mbps	Fiber	256 Mbps / 232 Mbps	36 ms
500 Mbps / 500 Mbps	Fiber	512 Mbps / 465 Mbps	36 ms
750 Mbps / 750 Mbps	Fiber	750 Mbps / 680 Mbps	36 ms
1000 Mbps / 1000 Mbps	Fiber	942 Mbps / 907 Mbps	36 ms

Impact of Non-BIAS Data Services

The FCC defines 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.

Real time services, such as Non-BIAS services, include Voice over Internet Protocol (VoIP) and Internet Protocol (IP) video services, command optimal bandwidth. As Non-BIAS traffic is combined with general Internet traffic on our network, broadband customers could experience service delays, although very unlikely, if there is an occurrence of congestion on our network. In any such event, the Non-BIAS traffic is given priority over general Internet traffic.

Commercial Terms

Pricing

We offer multiple levels of internet service, all with no monthly data cap. The current pricing and other terms and conditions of the various tiers can be found at https://dakotacentral.com/ or at https://dakotacentral.com/wp-content/uploads/2024/10/DC_Labels_2024.csv. Prices do not include applicable federal, state, or local taxes and regulatory fees. Prices and packages are subject to change.

Privacy Policies

We value the privacy of our internet service customers. Like most companies, we collect certain information about our customers and use it to provide our services. We collect information when our customers interact with us, when our customers use our internet service, and when our customers visit our website. This information is used to deliver, provide, and repair our services and establish and maintain customer records and billing accounts. We protect the information we have about our customers and require those we share it with to protect it. We do not sell, license, or share information that individually identifies our customers with others without your consent, except as necessary when working with vendors and partners for business purposes and when necessary for them to do work on our behalf. Additional details about our Privacy Policy can be found at https://dakotacentral.com/legal/.

Redress Options

We strive to provide excellent customer service and resolve any issues promptly. If you have questions, complaints, or need additional information, please email us at [email protected]. We review all correspondence in the order received and attempt to respond as soon as possible.

Power Backup Disclosure

POWER BACKUP DISCLOSURE

Dakota Central home phone service is provided with our state-of-the-art fiber optic network, it requires electric power to operate. To avoid a disruption of home voice service during a power outage – and to maintain the ability to connect to 911 emergency services — we at Dakota Central offer you battery backup power option(s).

In the past, Dakota Central often included a backup battery complimentary to customers with home phone service. If your Dakota Central equipment currently does not have a backup battery or if your battery needs to be replaced, you are responsible for making your own decision about whether to lease a backup battery for your home phone service.

Where to Obtain Your Battery Backup

Dakota Central would like to ensure that our customers are provided reliable backup batteries that allow you to continue to use your home voice services during a power outage. That is why we offer an optional backup battery available for lease directly from Dakota Central. If you have any questions or simply want to lease a backup battery through us, please call 701-952-1000 or 701-652-3184, visit our website at www.dakotacentral.com/power-backup-disclosure, or visit our business office. We have 2 backup battery options. The backup battery will be installed by our highly trained technicians. If leasing your battery backup from Dakota Central, you can guarantee that the battery will be compatible with your equipment and we will provide helpful information about how to self-monitor and self-test the backup battery.

8 Hour Battery $5.00/Month
24 Hour Battery $10.00/Month

What Your Backup Battery Can – and Can’t – Do for You

Our backup batteries are expected to last at least 8 hours or 24 hours on standby power. That means the backup battery should give you approximately 4 hours or 12 hours of talk time.

Our backup battery does not provide power to any services other than voice with a corded phone. Our backup battery does not provide power to any cordless phones. Home security systems, medical monitoring devices, routers and other equipment will not run on a home phone backup battery.

Instructions for Proper Care and Use of Your Battery

Please follow the more detailed instructions included with your battery for proper use, storage and care of your battery to ensure that it will function as needed during a power outage. The estimated life expectancy for the battery is 2-4 years. Environmental factors, such as temperature, power outage frequency, usage, and battery age can affect the performance and life expectancy of the batter. Batteries should be stored in locations under normal room temperatures.

Please refer to your battery’s instruction manual for details on the warning indicator lights. You should also periodically, as described in the instructions included with your battery, test your battery to verify both the operation of the backup battery and its condition. Dakota Central will replace your backup battery you notify us that it is needed.

PRIVACY POLICY

Dakota Central recognizes its responsibility to help protect personally identifiable information collected about our subscribers and visitors to our website. With respect to our cable services, this notice is being provided in accordance with the Cable Communications Policy Act of 1984, a federal law which requires all cable operators to notify subscribers of the collection, use and disclosure of personally identifiable information regarding a cable subscriber.

Collection of Personally Identifiable Information
Dakota Central collects certain personally identifiable information from each subscriber. This information consists of data such as the subscriber’s name, address, phone number, Social Security number, payment and deposit records, bank account numbers used to pay for our services, credit information, maintenance and complaint information, service options you have chosen, and the number of television sets and computers in your household that are connected to our communications system.
For quality assurance and training, we sometimes review email correspondence and record or listen to calls made to or from our customer service and repair personnel, sales office, and business account managers.
We may also collect non‐personally identifiable information when you visit this website. When you access dakotacentral.com, Dakota Central may place “cookies” on your computer’s hard drive. These cookies, which store only the zip code you have entered, provide information about your activities on our site so that we may provide you with customized content and facilitate your use of the site. Accepting all cookies is voluntary, and you may still use the site if you decline our cookies.

Use of Personally Identifiable Information
The information collected is used for purposes such as the following: to make sure you are being billed properly for the services you receive; to send you pertinent information about our services; to maintain or improve the quality of our services; to answer questions from subscribers (i.e., for troubleshooting); to ensure compliance with relevant law and contractual provisions; to protect against unauthorized use of services we provide; to market cable or other services or products that you may be interested in; and for tax and accounting purposes. We do not disclose any of your personally identifiable information when we send you information on behalf of third parties, and you can always choose to opt out of receiving commercial e‐mail announcements that we send about our own products or services or those of third parties.

Disclosure of Personally Identifiable Information
Like other businesses, we may share customer information for various reasons: to comply with laws or to respond to lawful demands such as subpoenas or court orders; to assert or defend our legal rights or the rights of our employees, agents, contractors or customers; to investigate and protect against fraud, harassment, or other types of unlawful activity involving us, other providers we do business with, or our customers; or as otherwise permitted by law. The types of persons to whom information about you may be disclosed by us in the course of providing cable services to you include the employees of Dakota Central, agents, repair and installation subcontractors, sales representatives, accountants, billing and collection services and credit report agencies, and authorized representatives of governmental bodies. The law allows us to disclose your name and address for non‐cable related mailing lists or other purposes unless you tell us you do not wish to disclose this information. With respect to the disclosure of lists containing the names and addresses of subscribers, you may exercise your right to prohibit the release of your name and address on these lists by notifying Dakota Central, in writing at the address set forth on your monthly billing statement, of your desire not have such information disclosed.

Time Period That We Retain Personally Identifiable Information
Generally, personally identifiable information will be collected and maintained by Dakota Central during the period of time you are receiving service, as well as for a reasonable amount of time thereafter, in order to do any follow‐up billing. After such a time, when the information is no longer necessary to conduct cable‐related activities and is not required by us for any legitimate business purpose the personally identifiable information will be destroyed.

Right to Review and Update Personally Identifiable Information
As a subscriber, you may review any personally identifiable information collected by Dakota Central relating to you during business hours at the address set forth in your monthly billing statement. Please notify us in advance of your visit so the information concerning you can be collected and made available for your inspection. You have the right to correct any error in the information.

Customer Proprietary Network Information
In the course of providing service to telephone customers, Dakota Central collects information concerning the telephone services you purchase and how you use them. This information is known as “customer proprietary network information,” or “CPNI.” CPNI includes any information on the quantity, technical configuration, type, destination, location and amount of use of your service that we obtain because we are your telephone carrier. CPNI does not include the names and telephone numbers published in telephone directories or information we obtain as a result of providing your cable or Internet service. We use CPNI to monitor the quality of the service we provide and to prepare your bills. You have a right, and we have a duty, under federal law to protect the confidentiality of CPNI. We have the right under federal law to use your CPNI to provide telephone service, to bill you, to market services related to services you already buy from us, and to protect our facilities and property. You have the right to disapprove of our use of CPNI for marketing services other than those that are related to services you already buy from us and to withdraw access to CPNI at any time. Withdrawing access to CPNI will not affect our ability to provide telephone services to you, or the quality of the service we provide.

Third Party Websites
To make our website more valuable to our visitors, we may offer some features in conjunction with other providers. Our website may also include links to other websites whose privacy policies and practices we don’t control. Once you leave our website by linking to another one (you can tell where you are by checking the address – known as a URL – in the location bar on your browser), use of any information you provide is governed by the privacy policy of the operator of the website you are visiting. That policy may differ from ours. If you can’t find the privacy policy of any of these websites via a link from the site’s homepage, you should contact the website directly for more information.

Collecting Information from Children Under 13
Our website is intended for general audiences. Our content is not designed to attract children. We do not knowingly collect personal information from children under 13. Note that other providers’ web pages are accessible through links on our website, and those providers may have different practices on collecting and using information from children under 13. If you are concerned about those sites, you should review them and their privacy statements.

Security of Personally Identifiable Information
The security of personally identifiable information is a high priority for us. While no website can guarantee security, we employ security technologies to help protect the confidentiality of your personally identifiable information.

Changes to Our Privacy Policy
We may modify or update our services from time to time, and if necessary, the provisions of this privacy statement. In the case of material changes to our privacy practices, we will post changes to our privacy policy here for a period of time before such changes become effective.

COMPLAINT RESOLUTION
In compliance with the requirements of Section 76 of the FFC Rules, we are required to inform you that Dakota Central Telecommunications has in effect the following procedures to ensure that any complaints that may arise concerning the technical quality of the cable television signals we deliver to you are promptly and efficiently resolved:
1. All complaints concerning the technical quality of the cable television signals we provide to you should be put in writing and sent to the following address: DCTV, Attn: Customer Service, P.O. Box 299, Carrington, ND 58421. Alternatively, you may call Dakota Central Telecommunications at 1.800.771.0974 to discuss the problem with one of our customer service representatives. 2. All complaints received concerning the technical quality of the cable television signals will be logged in on the same day of receipt. The date, time and nature of the complaint will be noted, as well as the name, address, and telephone number of the subscriber. 3. Complaints concerning the technical quality of cable television signals will be investigated by a service technician. If the problem can be resolved without a service call to your premise, you will be advised of this and the resolution of the complaints will be noted in our trouble ticket software, which is maintained by the company. 4. All reasonable efforts will be made by our service technicians and other employees to resolve any complaints concerning the technical quality of service promptly and efficiently. If our service technician fails to correct the problem, you may contact Dakota Central at 1.800.771.0974, and we will review the complaints and the corrective action taken. If we are not able to take any further action to correct the problem, we will promptly inform you of our determination and the reason we cannot correct the problem. If you believe our investigation and handling of a complaint is deficient in some manner, you may contact the City of Jamestown, 102 3rd Ave. SE, Jamestown, ND 58401, or the appropriate local franchising authority.

Do‐Not‐Call Policy
The National Do Not Call Registry has been established to address unwelcome telemarketing calls. The registry applies to all telemarketers, with the exception of businesses with whom you have an existing relationship and certain non‐profit and political organizations. You can register your number online at WWW.DONOTCALL.GOV or call toll‐free, 1‐888‐382‐1222 (TTY 1‐866‐290‐4236), from the number you wish to register. Registration is free.

Contact Us
If you have any questions about this Privacy Statement or any other services we provide, please contact us.
[email protected] | 701.652.3184 | 701.952.1000

Statement of Non-Discrimination

STATEMENT OF NON-DISCRIMINATION

In accordance with Federal civil rights law and U.S. Department of Agriculture (USDA) civil rights regulations and policies, the USDA its Agencies, offices, and employees, and institutions participating in or administering USDA programs are prohibited from discriminating based on race, color, national origin, religion, sex, gender identity (including gender expression), sexual orientation, disability, age, marital status, family/parental status, income derived from a public assistance program, political beliefs, or reprisal or retaliation for prior civil rights activity, in any program or activity conducted or funded by USDA (not all bases apply to all programs). Remedies and complaint filing deadlines vary by program or incident.

Persons with disabilities who require alternative means of communication for program information (e.g. Braille, large print, audiotape, American Sign Language, etc.) should contact the responsible Agency or USDA’s TARGET Center at (202)720-2600 (voice and TTY) or contact USDA through the Federal Relay Service at (800)877-8339. Additionally, program information may be made available in languages other than English.
To file a program discrimination complaint, complete the USDA Program Discrimination Complaint Form, AD-3027, found online at http://www.ascr.usda.gov/complaint_filing_cust.html and at any USDA office or write a letter addressed to USDA and provide in the letter all of the information requested in the form. To request a copy of the complaint form, call (866)632-9992. Submit your completed form or letter to USDA by:

(1) Mail: U.S. Department of Agriculture
Office of the Assistant Secretary for Civil Rights
1400 Independence Ave, SW
Washington, D.C. 20250-9410;

(2) Fax: (202)690-7442; or

(3) Email: [email protected]

USDA is an equal opportunity provider, employer, and lender.

Streaming Terms of Service

STREAMING TERMS OF SERVICE

Definitions

As used in this Agreement, the following definitions apply
(1) “App” means the application available to the Customer which enables use of the Service;
(2) “Content” refers to Internet Protocol TV (IPTV) content offered through the Service via a Customer owned streaming media device and the App;
(3) “Company” or “we” or “us” or “our” refers to Dakota Central;
(4) “Customer” or “you” or “yours” or “user” refers to the subscriber to the Service and includes anyone accessing the Service through the App and your account;
(5) “Pay-TV Service” refers to the Internet Protocol TV (IPTV) Service offered by Company to subscribers and the App that enables the Pay-TV Service.

Service

Company licenses the Pay-TV Service and App to you and grants you access to the Pay-TV Service, conditioned upon your acceptance of this Service Agreement (the “Agreement”).

By clicking “I agree” or “accept”, or by downloading, installing, using, visiting or browsing on the App or Pay-TV Service, you agree: (a) that you have read and understand this Agreement and agree to its terms; (b) that you are 18 years of age or older; and (c) to the Company’s Privacy Policy and Acceptable Use Policy (AUP) found at https://www.dakotacentral.com/policies/.

The availability of the Pay-TV Service is limited to the Company’s network, and availability is subject to the entry of a Company-assigned or -approved user name and password. The Pay-TV Service is not available as a streaming service over the public Internet.

If at any time after reviewing or using the Pay-TV Service you wish to terminate the Pay-TV Service and this Agreement, you must cancel your subscription as provided under “Your Subscription” below and un-install and remove the App from your device and delete any copy of the App in your possession. You agree that information collected from you or your device before you un-install, remove or cease to use the App can still be used by us at our discretion.

Company may from time to time change this Agreement. Revisions shall be effective immediately; provided, however, for existing users, such revisions will be effective 30 days from posting, unless otherwise stated. You will be deemed to have agreed to any such modification or amendment by your decision to continue using the Pay-TV Service and App following the date in which the modified or amended Agreement is made available through the Pay-TV Service, App or by posting at https://www.dakotacentral.com/policies/.

By subscribing to the Pay-TV Service, you receive access to and use of: (i) certain software, intellectual property rights and technology owned or operated by us (including, for example, applications that are hosted or downloaded, accessories, tools, features and/or functionality related to and/or made available by us); (ii) our websites and applications, including but not limited to, the App; (iii) the Content that is accessible to you (including, but not limited to transaction and subscription video or programming, advertising, and/or other content); (iv) any and all other products and/or services accessed, provided, used or otherwise made available to you, including additional technology, software, documentation, features, functionalities, content, updates, upgrades, bug fixes or enhancements used in connection with the use of, or otherwise related to the Pay-TV Service, (v) updated versions of the App, Pay-TV Service and related third party software, which may be provided to you at any time and you agree to accept without further notice; and all other information and related documents provided to user by or on behalf of the Company.

Use of the Pay-TV Service

You must be connected to Company’s broadband network to subscribe to the Pay-TV Service. Individuals under the age of 18 may utilize the Pay-TV Service only with the consent or involvement of a parent or legal guardian, under such person’s Pay-TV Service account and otherwise subject to this Agreement. If you disconnect of Company’s broadband network, it will result in cancellation of the Pay-TV Service.

You must provide a compatible streaming media device to access the Pay-TV Service and App. Visit https://www.dakotacentral.com/devices/ for the latest list of streaming media devices compatible with the Pay-TV Service. This list is provided for information purposes only and is not a guarantee or warranty by us that the listed device will work with the Pay-TV Service. By using the Pay-TV Service and App, you agree to look solely to the entity that manufactured or sold you the device for any issues related to the device and its compatibility with the Pay-TV Service.

You understand that the Pay-TV Service may include, and the App may allow you to access Content that may be considered offensive, indecent, explicit, or otherwise objectionable. This Content may or may not be identified as being objectionable including but not limited to, explicit language or imagery. Company shall have no liability to you for such Content. Any content descriptions, genres, or other categories are provided for your convenience, and Company does not guarantee their accuracy or assume any obligation to provide same. You understand that video content resolution is affected by many factors, and as a result no specific resolution is guaranteed.

Privacy

Collection and use of your information are addressed in the Company’s Privacy Policy, the terms of which are incorporated herein. Please review our Privacy Policy to understand our practices at https://www.dakotacentral.com/policies/privacy-policy/.

Your Profile

You may create one or more “Profiles” on the App. Profiles allow various household members to personalize their Content, recommendations, and watch histories. Even if you create multiple Profiles, they are accessible, modifiable and may be deleted by anyone using the App; therefore, you should inform household members if you do not desire for them to edit, delete or modify your Profile.

Your Subscription

The Pay-TV Service includes different subscription packages for which payment of a subscription fee is required to access Content available as part of those packages. You can find the specific details regarding your subscription package at any time by visiting https://www.dakotacentral.com/streamingtv.

Your subscription to the Pay-TV Service will continue month-to-month until you cancel your subscription, or we terminate it (“Subscription”). Billing and payment for the Pay-TV Service will be conducted in accordance with the terms of your Pay-TV Service Agreement. You may cancel your subscription at any time, and you will continue to have access to the Pay-TV Service through the end of your monthly billing cycle. COMPANY DOES NOT PROVIDE REFUNDS FOR PARTIAL-MONTH SUBSCRIPTIONS OR CONTENT THAT HAS NOT BEEN VIEWED.

You must cancel your subscription to the Pay-TV Service before it renews each month in order to avoid billing of the next month’s subscription fee for the Pay-TV Service. You may cancel at any time by calling 701-652-3184 or 701-952-1000. If you cancel after your renewal date, you will continue to have access to the Pay-TV Service through the end of your renewal cycle.

Pricing for the Pay-TV Service, and any aspect thereof, may be changed at any time in Company’s sole discretion. You will be notified of price changes 30 days prior to them taking effect through posting on the Company’s web site. You will not be provided an individual notice of such change.

The Pay-TV Service and App are intended for non-commercial use only. You may not use the Pay-TV Service or App for viewing in areas open to the public, or in commercial area, regardless of whether a viewing fee is charged unless specifically authorized. You are not permitted to use any of our trademarks.

The number of devices available for use and the maximum simultaneous streams allowed may change from time to time at our discretion. By default, we include 1-2 simultaneous streams per household based on subscription. Additional streams and DVR service may be purchased by calling 701-652-3184 or 701-952-1000.

Content and Programming

There are many factors that can affect the cost and availability of programming. We may add, delete or otherwise change our program packaging, selection, pricing and/or any other factor or aspect of the Pay-TV Service, or the way we offer the Pay-TV Service, at any time for any reason in our sole discretion. Some programming and sports events may be blacked out in your area. These blackout restrictions are determined by third parties other than Company and Company is not responsible for same. Some programming may be unavailable for certain features of the Pay-TV Service. The Pay-TV Service may be accessed and used only at the Internet address assigned by the Company. We may use any technology available to us to verify your geographic location in order to provide the Services and implement these restrictions.

Update and Testing

We update and test the Pay-TV Service, including the Content on a continuous basis. You understand that by using the Pay-TV Service, you agree to be included in such testing without notice. Testing may be done to any aspect of the Pay-TV Service, and may include, but not be limited to: service level, the App, the website, user interfaces, plans, promotional features, availability of content, delivery and pricing.

License and Restrictions

Subject to the restrictions set forth herein, Company grants you a personal, revocable, non- exclusive, non-transferable, limited right to install and use the App on a streaming media device, mobile device(s) or other computing device(s) that are owned and controlled by you (“Your Device”), and to access and use the App on Your Device solely for accessing the Pay-TV Service and viewing Content, strictly in accordance with the terms and conditions of this Agreement, and all applicable local, national, and international laws and regulations.

You may not: (a) decompile, reverse engineer, disassemble, attempt to derive the source code of, or decrypt the App, for any purpose; (b) modify, adapt, improve, or create any derivative work from the App or Content; (c) violate any applicable laws, rules or regulations in connection with your access or use of the App or Content; (d) remove or alter any copyright or trademark notice of Company or its collaborators, suppliers or licensors; (e) use the App or Content in a manner intended to generate revenue directly from such use, or use the App for any other purpose for which it is not designed or intended; (f) enable the use of the App on a device that is not Your Device; (g) enable access to or use of Content on a device that is not Your Device; (h) make the App or Content available over a network other than Company’s network; (i) use the App or Content to develop, design or create any service designed to replace or be used in connection with the Pay-TV Service or the App, product or software offered by Company or its licensors; (j) use any proprietary information or intellectual property of Company in the design, development, manufacture, licensing or distribution of any applications, accessories or devices for use with the App; (k) circumvent, disable or tamper with the App or the Content; (l) reproduce, archive, retransmit, distribute, sell, lease, rent, exchange, modify, broadcast, synchronize, publicly perform, publish, publicly display, make available to third parties, transfer or circulate the App or Content; or (m) use the Pay-TV Service in any manner not intended by this Agreement, in Company’s sole discretion. You agree to abide by the rules and policies established by Company at any time.

Intellectual Property

The App (including its source and object code), any copies thereof (whether or not present on your Device), the Pay-TV Service, and all copyrights, patents, trademarks, trade secrets and other intellectual property rights associated therewith are the property of Company or its collaborators, licensors, or suppliers. The source and object code of the App are the proprietary and confidential information of Company and its collaborators, licensors and suppliers. Title to the App and Pay-TV Service shall remain with Company. The App is licensed, not sold, to you. Company and its collaborators, licensors, and suppliers reserve the right to change, suspend, terminate, remove, impose limits on the use of or access to, disable access to the App or Pay-TV Service, or require the return of the App (or any copy thereof), at any time without notice and will have no liability for doing so. Except as expressly stated in this Agreement, you are not granted any intellectual property rights in or to the App or Pay-TV Service by any legal theory, including but not limited to implication and estoppel. All rights in and to the App and Pay-TV Service not expressly granted in this Agreement are hereby reserved and retained by Company.

It is the policy of Company to expeditiously respond to clear notices of alleged copyright infringement. Company has designated the following agent to receive notifications of claimed infringement at the address set forth below:

Salvatore Taillefer, Jr.
Blooston, Mordkofsky, Dickens, Duffy & Prendergast, LLP
2120 L Street NW STE 300
Washington, DC 20037
202-659-0830
[email protected]

For further information, see https://www.dakotacentral.com/policies/copyright-infringement-notification/

These obligations survive termination of this Agreement.

The Pay-TV Service or App may include third party software that is subject to open source license terms (“Open Source Software”). You acknowledge and agree that your right to use such Open Source Software is subject to and governed by the terms and conditions of any applicable license to the Open Source Software (the “Open Source License Terms”). In the event of a conflict between the terms of this Agreement and the Open Source License Terms, the Open Source License Terms shall control.

Third Party Services

The Pay-TV Service or App may allow you to access certain internet services and, products, websites, advertisements, and content from advertisers, publishers, vendors and other third parties that is provided by third parties for which you may have a separate relationship directly with such third parties (“Third Party Services”). You agree that Company shall bear no responsibility for such Third-Party Services or your continued access to them via the Service. You are responsible for any fees for Third Party Services that result from your access to or use of them. You hereby represent and warrant that you have the necessary rights to access and use such Third-Party Services through the Pay-TV Service and that your use of the Third-Party Services is in compliance with the terms of use applicable to such Third-Party Services. Company reserves the right to restrict your access to and use (or misuse) of the Third-Party Services or deny access to any Third-Party Services otherwise accessible through the Pay-TV Service or App. Company shall have no liability to you arising out of or in connection with same.

Arbitration

THE PARTIES AGREE THAT ANY CONTROVERSIES, CLAIMS OR DISPUTES ARISING BETWEEN MEMBER AND COMPANY, WHETHER IN TORT OR IN CONTRACT, INCLUDING BUT NOT LIMITED TO THOSE RELATED TO OR ARISING OUT OF THIS AGREEMENT, OR THE PAY-TV SERVICES PROVIDED, WHETHER ARISING BEFORE OR AFTER THE EFFECTIVE DATE OF THIS AGREEMENT, MUST BE RESOLVED BY FINAL AND BINDING ARBITRATION. THIS INCLUDES ANY AND ALL DISPUTES BASED ON ANY PRODUCT, EQUIPMENT, SERVICE OR ADVERTISING PROVIDED BY THE COMPANY. ADDITIONALLY, THE PARTIES AGREE NOT TO PURSUE ARBITRATION RELATED TO OR ARISING OUT OF THIS AGREEMENT ON A CLASSWIDE BASIS. THE PARTIES AGREE THAT ANY ARBITRATION RELATED TO OR ARISING OUT OF THIS AGREEMENT WILL BE SOLELY BETWEEN YOU AND THE COMPANY (NOT BROUGHT ON BEHALF OF OR TOGETHER WITH ANOTHER INDIVIDUAL’S CLAIM). SUCH ARBITRATION SHALL BE BEFORE A PANEL CONSISTING OF THREE (3) ARBITRATORS AT A LOCATION IN, NORTH DAKOTA. SUCH ARBITRATION SHALL BE BINDING UPON BOTH MEMBER AND COMPANY AND SHALL BE CONDUCTED BY THE AMERICAN ARBITRATION ASSOCIATION (“AAA”) UNDER ITS RULES, INCLUDING THE SELECTION OF THE ARBITRATORS, WHICH SHALL BE ACCOMPLISHED IN ACCORDANCE WITH THE RULES OF THE AAA. THE AWARD RENDERED BY THE ARBITRATORS SHALL BE FINAL, AND JUDGMENT MAY BE ENTERED UPON IT IN ACCORDANCE WITH APPLICABLE LAW IN ANY COURT HAVING JURISDICTION THEREOF. THE PARTIES FURTHER AGREE THAT THE PREVAILING PARTY IN SUCH ARBITRATION SHALL BE ENTITLED TO RECOVER THE COSTS OF SUCH ARBITRATION FROM THE OTHER PARTY, INCLUDING, BUT NOT LIMITED TO, REASONABLE ATTORNEYS’ FEES. THIS AGREEMENT TO ARBITRATE SHALL BE SPECIFICALLY ENFORCEABLE UNDER APPLICABLE LAW IN ANY COURT HAVING JURISDICTION THEREOF. PROVIDED, HOWEVER, COLLECTION MATTERS OF $1,500 OR LESS IN ALLEGED VALUE (BEFORE COSTS, INTEREST AND ALLOWABLE ATTORNEYS’ FEES, IF ANY) FOR SERVICE MAY BE FILED IN ANY COURT WITH JURISDICTION THEREOVER AND THERE TRIED BY ANY PARTY, UNLESS COUNTER-CLAIMS OR OTHER CLAIMS IN AN AMOUNT IN EXCESS OF $1,500 (SUBJECT TO THE SAME EXCLUSIONS) ARE ASSERTED BY ANY PARTY. IN THE LATTER CASE, THE ENTIRE MATTER AND ALL CLAIMS BEFORE THE COURT SHALL BECOME SUBJECT TO BINDING ARBITRATION HEREUNDER UPON WRITTEN REQUEST OF ANY PARTY FILED WITH THE COURT WITHIN THIRTY (30) CALENDAR DAYS OF ACTUAL NOTICE OF THE FILING OF SUCH COUNTER-CLAIMS OR OTHER CLAIMS. TO THE EXTENT ALLOWED BY LAW, THE PARTIES WAIVE ANY RIGHT TO PURSUE DISPUTES ON A CLASSWIDE BASIS; THAT IS, TO EITHER JOIN A CLAIM WITH THE CLAIM OF ANY OTHER PERSON OR ENTITY, OR ASSERTA CLAIM IN A REPRESENTATIVE CAPACITY ON BEHALF OF ANYONE ELSE IN ANY LAWSUIT, ARBITRATION OR OTHER PROCEEDING.

No Warranties

YOU ACKNOWLEDGE AND AGREE THAT THE APP AND PAY-TV SERVICES, INCLUDING ALL CONTENT CONTAINED THEREIN OR ACCESSED THEREBY, IS PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS. EXCEPT AS PROHIBITED BY LAW, COMPANY AND ITS COLLABORATORS, SUPPLIERS AND LICENSORS HEREBY DISCLAIM ANY AND ALL REPRESENTATIONS, WARRANTIES AND GUARANTIES REGARDING THE APP AND PAY-TV SERVICE, WHETHER ORAL, EXPRESS, IMPLIED OR STATUTORY, AND WHETHER ARISING BY LAW, STATUTE, USAGE OF TRADE, CUSTOM, COURSE OF DEALING OR PERFORMANCE OF THE PARTIES, OR THE NATURE OR CONTEXT OF THIS AGREEMENT, AND INCLUDING, WITHOUT LIMITATION, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT. COMPANY AND ITS COLLABORATORS, SUPPLIERS AND LICENSORS MAKE NO WARRANTY THAT (i) THE APP OR PAY-TV SERVICE WILL MEET YOUR REQUIREMENTS; (ii) THE APP OR PAY-TV SERVICE WILL BE UNINTERRUPTED, ACCURATE, RELIABLE, TIMELY, SECURE, FREE FROM VIRUSES OR OTHER HARMFUL COMPONENTS OR ERROR-FREE; (iii) THE QUALITY OF ANY PRODUCTS, SERVICES, INFORMATION OR OTHER MATERIAL ACCESSED OR OBTAINED BY YOU THROUGH THE APP OR SERVICE WILL BE AS REPRESENTED OR MEET YOUR EXPECTATIONS; OR (iv) ANY ERRORS IN THE APP OR SERVICE WILL BE CORRECTED OR THAT THE APP OR SERVICE WILL BE MAINTAINED. YOU ACKNOWLEDGE THAT THE APP IS NOT INTENDED FOR USE WHEN THE PERFORMANCE OF, USE OR MISUSE OF, FAILURE OF, OR ERRORS OR INACCURACIES IN THE CONTENT, DATA OR INFORMATION PROVIDED BY, THE APP COULD LEAD TO DEATH, PERSONAL INJURY, OR SEVERE PHYSICAL, PROPERTY, OR ENVIRONMENTAL DAMAGE. COMPANY AND ITS COLLABORATORS, SUPPLIERS AND LICENSORS DO NOT WARRANT THAT THE APP OR SERVICE WILL BE COMPATIBLE OR INTEROPERABLE WITH YOUR DEVICE OR ANY OTHER PIECE OF HARDWARE, SOFTWARE, EQUIPMENT OR DEVICE INSTALLED ON OR USED IN CONNECTION WITH YOUR DEVICE. FURTHERMORE, YOU ACKNOWLEDGE THAT COMPATIBILITY AND INTEROPERABILITY PROBLEMS CAN CAUSE THE PERFORMANCE OF YOUR DEVICE TO DIMINISH OR FAIL COMPLETELY, AND MAY RESULT IN PERMANENT DAMAGE TO YOUR DEVICE, LOSS OF THE DATA LOCATED ON YOUR DEVICE, AND CORRUPTION OF THE SOFTWARE AND FILES LOCATED ON YOUR DEVICE. YOU ASSUME ALL NECESSARY EXPENSES ASSOCIATED WITH SERVICE AND REPAIR TO YOURDEVICE. YOU ACKNOWLEDGE AND AGREE THAT COMPANY AND ITS COLLABORATORS, SUPPLIERS AND LICENSORS, AND THEIR OFFICERS, DIRECTORS, EMPLOYEES AND AGENTS, SHALL HAVE NO LIABILITY TO YOU FOR ANY LOSSES SUFFERED, RESULTING FROM OR ARISING IN CONNECTION WITH COMPATIBILITY OR INTEROPERABILITY PROBLEMS. THIS SECTION SHALL SURVIVE TERMINATION OF THIS AGREEMENT.

Limitation of Liability

COMPANY’S LIABILITY TO YOU ARISING OUT OF OR RELATED TO THIS AGREEMENT, THE ACCESS AND/OR USE OF THE SERVICES, OR ANY CONTENT PROVIDED VIA THE SERVICES, THE ACTS OR OMISSIONS OF ANY THIRD PARTY, WHETHER OR NOT COMPANY HAS BEEN NOTIFIED OF THE POSSIBILITY OF SUCH DAMAGES, WHETHER OR NOT CAUSED BY COMPANY’S NEGLIGENCE, OR ON ACCOUNT OF ANY ACT OR OMISSION OF COMPANY, SHALL BE LIMITED TO ACTUAL DAMAGE TO REAL OR TANGIBLE PERSONAL PROPERTY, OR BODILY INJURY OR DEATH PROXIMATELY CAUSED BY COMPANY’S INTENTIONAL MISCONDUCT OR RECKLESSNESS, TO THE FULL EXTENT SAME MAY BE DISCLAIMED BY LAW. YOU WILL NOT BE ENTITLED TO ANY OTHER DAMAGES, INCLUDING INDIRECT OR CONSEQUENTIAL DAMAGES, REGARDLESS OF THE FORM OF ACTION. COMPANY AND OUR EMPLOYEES, AGENTS, CONTRACTORS, AND REPRESENTATIVES WILL HAVE NO LIABILITY WHATSOEVER FOR ANY UNAUTHORIZED ACCESS, DAMAGES, OR MODIFICATIONS TO, OR LOSS OR DESTRUCTION OF, ANY OF YOUR SOFTWARE, FILES, DATA, OR PERIPHERALS OR FOR COPYRIGHT, TRADEMARK, PATENT, TRADE SECRET OR OTHER INTELLECTUAL PROPERTY INFRINGEMENT. THIS SECTION SHALL SURVIVE TERMINATION OF THIS AGREEMENT.

Indemnification

YOU AGREE TO DEFEND, INDEMNIFY, AND HOLD COMPANY,ITS OFFICERS, DIRECTORS, SHAREHOLDERS, EMPLOYEES, REPRESENTATIVES, AFFILIATES, AND AGENTS, AND ANY OTHER SERVICE PROVIDER WHO FURNISHES SERVICES TO YOU IN CONNECTION WITH THIS AGREEMENT, HARMLESS FROM ANY AND ALL CLAIMS, LOSSES, DAMAGES, FINES, PENALTIES, COSTS, AND EXPENSES (INCLUDING WITHOUT LIMITATION REASONABLE ATTORNEYS’ FEES) BY, OR ON BEHALF OF YOU OR ANY THIRD PARTY OR USER OF THE SERVICES, RELATING TO OR ARISING OUT OF: (i) YOUR ACCESS AND USE OF THE APP, SERVICE OR EQUIPMENT; (ii) YOUR BREACH OF THIS AGREEMENT OR VIOLATION OF LAW (iii) YOUR NEGLIGENCE OR WILLFUL MISCONDUCT; OR (iv) YOUR VIOLATION OF THE RIGHTS OF A THIRD PARTY. THESE OBLIGATIONS SURVIVE TERMINATION OF THIS AGREEMENT.

Third Party Claims

YOU AGREE THAT COMPANY IS NOT RESPONSIBLE FOR ANY THIRD-PARTY CLAIMS THAT ARISE FROM YOUR USE OF THE SERVICES OR THE EQUIPMENT AND YOU AGREE TO REIMBURSE COMPANY FOR AN ALL COSTS AND EXPENSES RELATED TO THE DEFENSE OF ANY SUCH CLAIMS, INCLUDING REASONABLE ATTORNEY’S FEES, UNLESS SUCH CLAIMS ARE DUE TO OUR WILLFUL MISCONDUCT OR GROSS NEGLIGENCE. THIS PROVISION WILL SURVIVE TERMINATION OF THIS AGREEMENT

MISCELLANEOUS

The following provisions survive termination of this Agreement:

Governing Law. This Agreement shall be governed by the laws of the State of North Dakota without regard to its conflict of laws principles. Venue for any action is agreed to be in Stutsman County.

Consent to Electronic Contact

It is important that Company be able to contact you from time to time. You have agreed to give Company an email address (your “Primary Email Address”) and you consent to the receipt of emails from Company at your Primary Email Address for any purpose relating to this Agreement. Customer also agrees that Company may call Customer at the phone numbers Customer supplies Company and Customer agrees that calls may be made using any method including autodialing equipment, an artificial or recorded voice, or email messages sent to a wireless device. If your wireless provider charges you for email messages, you are responsible for any such charges.

Service and Support

Access our support website to find help with the Service at https://www.dakotacentral.com/streamingtv or call us with your question at 701-652-3184 or 701-952-1000. Find additional help or submit your product feedback at https://www.dakotacentral.com/contact-us/.

Waiver

Except as provided herein, the failure to exercise a right or require performance of an obligation under this Agreement shall not affect a party’s ability to exercise such right or require such performance at any time thereafter nor shall the waiver of a breach constitute waiver of any subsequent breach.

Third Party Beneficiaries

Except as explicitly provided in this Agreement or in its incorporated agreements, nothing contained in this Agreement is intended or shall be construed to confer upon any person (other than the parties hereto) any rights, benefits or remedies of any kind or character, or to create any obligations or liabilities of a party to any such person. You may not transfer your rights or obligations under this Agreement. Any attempted transfer by you shall be null and void. Company may assign this Agreement without restriction.

Binding Agreement

This Agreement shall be binding upon and inure to the benefit of the parties hereto and their permitted successors and assigns. Any provision of this Agreement that is unenforceable in any jurisdiction shall, as to such jurisdiction, be ineffective to the extent of such prohibition or unenforceability without invalidating the remaining provisions hereof and any such prohibition or unenforceability in any jurisdiction shall not invalidate or render unenforceable such provision in any other jurisdiction.

Time is of the Essence
Time is of the essence with respect to this Agreement.

Further Actions

Customer shall promptly execute and deliver to Company such further documents and take such further action as Company may request in order to give effect to the intent and purpose of this Agreement.

Term/Termination of Agreement

This Agreement shall be effective until terminated. Company may, in its sole and absolute discretion, at any time and for any or no reason, disable the App, or suspend or terminate this Agreement and the rights afforded to you hereunder, with or without prior notice or other action by Company. Upon the termination of this Agreement, you shall cease all use of the App and uninstall the App from your Device and delete any copy of the App in your possession.

Company will not be liable to you or any third party for compensation, indemnity, or damages of any sort as a result of terminating this Agreement in accordance with its terms, and termination of this Agreement will be without prejudice to any other right or remedy Company may have, now or in the future.

Survival of Terms

In addition to this Section, all indemnifications, release, limitation of liabilities, disclaimer of warranties, limitations of remedies, the agreement to arbitrate, the restriction upon use of the Services, all as more particularly set forth herein, shall survive the termination of this Agreement and discontinuation of the Services.

Entire Agreement

This Agreement, and documents incorporated herein by reference, constitute the entire agreement with respect to the use of the App and Service and supersedes all prior or contemporaneous understandings regarding such subject matter.

WBIAS Rates, Terms and Conditions