Gibson Connect Legal
NET NEUTRALITY DISCLOSURE
Gibson Connect, LLC ("Gibson Connect") is committed to providing our customers with the best online experience possible. Gibson Connect uses reasonable network management practices that are consistent with industry standards and uses tools and technologies that are minimally intrusive. Just as the Internet continues to evolve, so too, will our network management policies. Should Gibson Connect not apply reasonable network management practices our customers could be subject to the negative effects of security attacks, viruses, and spam among other risks resulting in possible degradation of services.
Gibson Connect operates a state of the art broadband network whereby services are delivered over its parent company, Gibson Electric Membership Corporation (Gibson EMC), fiber optic system whereby cable is brought past each home and business. Gibson EMC builds a fiber drop from the street to connect to any home or business who purchases Gibson Connect services and where access is granted. It should be noted that not all residential apartment buildings and multi-tenant office buildings allow access. The broadband network enables us to bring the benefits of the extraordinary bandwidth carrying capacity of Fiber Optics to each of Gibson Connects customers.
Questions, Answers & Information Regarding Our Network Practices
The FCC requires us to provide descriptions of our Network Management Practices to include Application-Specific Behavior Practices, Device Attachment Rules, Security Practices, Performance Characteristics, Privacy Policies and Customer Redress Options.
Given the current bandwidth capacity no formal congestion management practice is required nor is a practice being employed today other than network monitoring. Gibson Connect reserves the right to employ congestion management practices in the future. However, we design and affirmatively manage our networks to ensure that all of our customers receive high-quality Internet access services and that network resources are shared fairly among all our users. Our congestion management practices are guided by and in accordance with industry standards and protocols. Because network capacity is a shared resource, portions of our network may nevertheless become temporarily congested when large volume of customers are enjoying high-bandwidth activities at the same time. Because congestion is a function of how many people happen to be using the network and what activities are engaging in at that moment, congestion often is unpredictable. If congestion occurs, it is usually brief and intermittent. We are continually upgrading our networks and seek to avoid congestion by keeping ahead of the exponential demand for broadband.
Does Gibson Connect block or rate-control specific protocols?
- Gibson Connect employs industry accepted protocols intended to protect the network from the spread of malware and from applications that are known to propagate these malicious activities.
- Gibson Connect does not block any other kinds of traffic. Gibson Connect subscribes to the philosophy of complete network neutrality and we treat traffic to and from all customers the same.
Does Gibson Connect modify protocol fields in ways not prescribed by protocol standard?
- Gibson Connect does not modify protocol fields not prescribed by protocol standards.
Does Gibson Connect inhibit or favor certain applications or classes of applications?
- Gibson Connect does not inhibit or favor applications or classes of applications over its High-Speed Internet/broadband data network. All traffic is treated in a "protocol-agnostic" manner which means management is not based on the applications and is also content neutral.
Device Attachment Rules
Does Gibson Connect have any restrictions on the types of devices that they allow to connect to the network?
- Gibson Connect does not allow customers to connect switches or hubs directly to the IP port. We do not allow resale or other commercial type traffic such as P2P (peer to peer).
If there are restrictions, is there an approval procedure for devices connecting to the network?
- For any questions regarding the types of devices allowed or required customers should contact the Network Administrator, Robin McCaig at 731-855-4740 x1340. While there are no formal approval procedures to get a specific device approved for connection to the network all devices must be UL certified and carry the FCC Part 64 certification.
What are the practices used to ensure end-user security or security of the network?
- Gibson Connect uses the following practices to ensure end-user security and network security:
- Gibson Connect employs industry accepted protocols and practices intended to understand the flow of network traffic in order to best engineer and network as well as troubleshoot the network.
- The Gibson Connect network utilizes encryption intended to stop unlawful access to traffic.
- Gibson Connect utilizes these protocols and practices to protect and secure Gibson Connect customer data as well as to protect the broadband network for the benefit of all customers. These protocols allow Gibson Connect to comply with federal CALEA and other Law Enforcement requirements.
What conditions trigger a security mechanism to be invoked?
- The encryption protocols and practices used on the Gibson Connect fiber network provide far more security than is available with other technologies.
- As the Internet evolves so do malware and other types of security exploits. Gibson Connect's security tools techniques are evolving to meet the security challenges of a 21st century world.
- Gibson Connect monitors the network many times per second and a trigger would be finding any instance of unwanted network intrusion and the network. Gibson Connect would react immediately to such an intrusion and would refer to Law Enforcement Agencies as needed.
Service Description: A general description of the service offered, including Service Technology, Expected and Actual Speeds, Expected and Actual Latency, Suitability of the Service for Real-time Applications follows:
- Service Technology
- Gibson Connect uses a FTTH access system to deliver broadband services to customers. The FTTH system standard is called GPON (Gigabit Passive Optical Network). Up to thirty-two (32) customers share one fiber in neighborhoods and this shared fiber is called a PON. The GPON system delivers 2,500 Megabits per second to the subscribers on a PON and 1,250 Mbps from the subscribers on a PON.
- In the Gibson Connect FTTH network there are no electronics between the substation and the customer. No electronics means that there are fewer failure points in the network and superior service quality to our customers.
- Expected and Actual Speeds
- Each subscriber is provided access to two different data products:
- Every data customer is given access to the Gibson Connect Intranet. This provides 250 Megabit per second access to and from any other customers on the Gibson Connect network. The expected speed for the "Intranet" service is 250 Mbps and the actual speed is 250 Mbps.
- Gibson Connect also offers High Speed Intranet access speeds at 50, 100, 250 and 1000 Mbps in both directions. The expected speeds for these products is as advertised rate of 50, 100, 250 and 1000 Mbps and the actual speeds are the same as the advertised minus packet overheads. It is possible for customers to experience slower speeds on the open Internet, but slower Internet speeds are due to the nature of the open Internet and not due to any blockage or congestion on the Gibson Connect network.
- Each subscriber is provided access to two different data products:
- Expected and Actual Latency
- Latency is another measure of Internet performance. Latency is the time delay in transmitting or receiving packets on a network. Latency is primarily a function of the distance between two (2) points of transmission and is typically measured in milliseconds. The Gibson Connect network in real practice has actual latency generally around 5 milliseconds or less.
- Suitability of the Service for Real-time Applications
- The Gibson Connect network is one of the fastest and most accessible networks available in the U.S. Customers can achieve the speeds on our network that they subscribe to, 24/7, without slowdowns or blockages on our networks.
Impact of Specialized Services
What specialized services, if any, are offered to end users?
- Gibson Connect offers two services that could be considered "Specialized" services over the access system. These services are IP Video (IPTV) and IP Telephone Service (VoIP).
- Both IP Video and VoIP are delivered to customers over a different data segment than the one used for broadband data traffic (including High Speed Internet traffic).
Gibson Connect currently provides certain cable and video services (future), voice services and certain enterprise business services to its customers using Internet Protocol or "IP"-based technologies. These services are delivered over the same physical network that Gibson Connect uses to provide broadband internet access services. These IP services are not provided over the public internet but are separately provisioned on the Gibson Connect network. The voice, video (future) and enterprise business IP services are marked for prioritization to ensure that calls, such as 911 calls, go through even in times of congestion and to ensure the service quality of Gibson Connect's video services. The provision of these IP services should not have any noticeable effect on a customer's broadband internet access service.
Do network management practices entail inspection of network traffic?
- Gibson Connect examines traffic to the extent needed to utilize the network safety features listed earlier such as eliminating spam or intercepting malware. Gibson Connect does not inspect traffic for any other purposes other than to keep track, at the network level, where traffic flows in order to make certain that the network is adequate for the demands of customers.
Is traffic information stored, provided to 3rd parties or used by the ISP for non-network management purposes?
- The only time that any stored information is provided to any 3rd party is in response to a court order from a valid and qualified Law Enforcement Agency.
What are Gibson Connect’s practices for resolving end-user and edge provider complaints and questions?
- Gibson Connect first logs all complaints of trouble as a trouble ticket in a trouble log system. This allows for a numeric identification of each trouble reported on the network. Trouble tickets can be generated by customers or self-generated by alarms located on the Gibson Connect network.
- Secondly, Gibson Connect assigns a priority to each trouble ticket based upon the perceived severity of the problem. For example, outages involving multiple customers are given a higher priority than a minor network glitch affecting one customer.
- Gibson Connect attempts to identify and address problems from its Network Operations Center (NOC). If the NOC is unable to clear a reported problem, then a technician in a truck is dispatched to address the problem.
- If the problem is of such severity that a field technician cannot solve the problem, the problem is escalated to an engineer. If the engineer is unable to solve the problem, it is generally escalated to an external engineer or consultant or to the vendor that made the equipment in question. Gibson Connect contracts with experienced vendors for as needed trouble-shooting and resolution in support of the network.
- Finally, the customer may be notified depending upon the severity and type of problem.
- Trouble tickets are retained permanently so that Gibson Connect is able to view a history of trouble at a specific customer site, a specific neighborhood or with a specific brand or piece of equipment.
Prohibited Uses and Activities
Gibson Connect’s Customer Service Agreement prohibits uses and activities of the service that interfere with or diminish the use and enjoyment of the service by others, infringe on the rights of others or that are illegal. These prohibited uses and activities are listed below and include, but are not limited to, using the service, the customer equipment or the Gibson Connect equipment either individually or in combination with the other, to:
▪ undertake or accomplish any unlawful purpose which includes, but is not limited to, posting, storing, transmitting or disseminating data, information or materials which are unlawful, libelous, obscene, defamatory, threatening or which infringe on the intellectual property rights of any person or entity in any way that would constitute or encourage conduct that would constitute a criminal offense or violate any local, state, federal or international law, order or regulation;
▪ upload, post, transmit, publish, reproduce, create derivative works of, or distribute in any way information, software or other material obtained through the service or otherwise that is protected by copyright or other proprietary right, without obtaining any required permission of the owner;
▪ transmit unsolicited commercial or bulk messages commonly known as “spam”;
▪ participate in the collection of very large numbers of e-mail addresses, screen names, or other identifiers of others without their prior consent, participate in the use of software designed to facilitate these activities, i.e. “harvesting” or collect responses from unsolicited bulk messages;
▪ falsify, alter, or remove message headers;
▪ falsify references to GIBSON CONNECT or its network, by name or any other identifier, in messages;
▪ impersonate any person or entity, or forge any person’s digital or manual signature;
▪ engage in sender address falsification, often know as “phishing”;
▪ violate the terms of service of any network, server, application, or Web site that you access or use;
▪ posting or transmitting any information or software which contains a worm, virus or other harmful feature regardless of intent, purpose or knowledge;
▪ utilize or distribute devices designed or used to compromise security or whose use is otherwise unauthorized including but not limited to password guessing programs, decoders, keystroke loggers, packet sniffers, encryption circumvention devices and Trojan Horse programs;
▪ engage in port scanning;
▪ utilize or run Web hosting, file sharing or proxy services and servers or other dedicated, stand-alone equipment, or servers from the premises that provides service, including network content, to any party outside your premises local area network;
▪ utilize or run programs from the premises that provides service, including network content, to any party outside your premises local area network, except for personal and non-commercial use;
▪ copy, distribute, or sublicense any proprietary software provided by Gibson Connect or any third party in connection with the Service, except that one copy of each software program may be made by the customer for back up purposes only;
▪ disrupt or cause a performance degradation to the service or any Gibson Connect facilities or equipment used to deliver the service regardless of intent, purpose or knowledge;
▪ alter/modify, or tamper with Gibson Connect equipment or permit any other party, not authorized by Gibson Connect, to do same including connecting Gibson Connect equipment to any computer outside of your premises
▪ resell the Service in whole or in part, directly or indirectly.
Treatment of Personal Web Pages and File Storage
Customers and users are solely responsible for any and all information published or stored on Personal Web Pages and/or File Storage and for ensuring that all content is appropriate for those who may have access to it. This includes taking appropriate measures and precautions to prevent minors from accessing or receiving inappropriate content.
Treatment of Inappropriate Content and Transmission
Gibson Connect reserves the right to refuse to transmit or post, and remove or block, any information or materials, in whole or in part, that Gibson Connect, in its sole discretion, deems to be in violation of Gibson Connect Acceptable Use Policies. While Gibson Connect has no obligation to monitor transmissions or postings made on the service Gibson Connect has the right to monitor these transmission and postings for violations of company policy and to disclose, block, or remove them in adherence with applicable law. To report a child exploitation incident involving the Internet, contact law enforcement immediately.
Gibson Connect reserves the right to modify this Net Neutrality Disclosure at any time. We will notify you of any material changes via written, electronic, or other means permitted by law, including by posting it on our website. If you find the changes unacceptable, you have the right to cancel the Services. If you continue to use the Services after receiving notice of such changes, we will consider that as your acceptance of the changes.
Effective July 25, 2018
Gibson Connect, LLC (“Gibson Connect”) is committed to protecting your privacy in accordance with applicable law. That is why we have adopted this Privacy Notice in regard to all Gibson Connect video (future), phone, Internet and similar services (the “Services”). This Privacy Notice statement describes our collection, use, disclosure and retention of information about you and others who use the Services (“Users”), how you may review and correct errors to that information, and enforcement of your rights regarding personal information.
Collection of Subscriber Information
Information about our subscribers is collected as necessary in order to provide the Services and to detect unauthorized reception or use of the Services. In order to provide reliable, high- quality service to you, we keep regular business records containing information that you provide such as your name, address, email address, telephone number, identifying information, financial information and other similar information. We collect and maintain information about your account such as billing, payment and deposit history, maintenance and complaint information, and the Service options you have chosen. In addition, we may combine information we collect as a part of our regular business records with personally identifiable information obtained from third parties for the purpose of creating an enhanced database to use in marketing and other activities. We may maintain records of research concerning subscriber satisfaction and viewing habits, which are obtained from subscriber interviews and questionnaires. When you use interactive or other transactional television Services (i.e., pay-per-view), our system automatically collects information on your use of such Services, including the programs you view or order.
We use this information to:
- Install, operate and maintain the Services
- Confirm you are receiving the level(s) of Service requested and are properly billed
- Identify you when changes are made to your account
- Inform you of new products or services that may be of interest to you
- Detect unauthorized reception of the Service
- Determine whether applicable policies and terms of service are being violated
- Configure Service-related devices
- Comply with the law
- As otherwise necessary, provide the Services or otherwise conduct business related to the Services
Except as otherwise provided in this Privacy Notice, Gibson Connect’s Acceptable Use Policy, and the applicable Terms and Conditions, Gibson Connect does not assume any responsibility, control, oversight, ownership or other interest in the email messages, websites, specific Internet usage history, voicemail, content or other electronic data of its Users; provided that Gibson Connect is permitted to use such information as necessary for Gibson Connect to bill Users and to provide the Services. Even if such electronic information is stored in, contained on, or transmitted over property, equipment or facilities of Gibson Connect, Gibson Connect shall not have any responsibility, control, oversight, ownership, or other interest in such information; provided that Gibson Connect may delete such information as provided in the Terms and Conditions that are applicable to the Services. Users are and shall remain solely responsible for such electronic information.
Internet and Phone Privacy
Gibson Connect does not use, share, or sell a User’s email messages, website browsing, specific Internet usage history, voicemail, or other electronic data generated from a user’s Internet and phone Service. Gibson Connect does not control or monitor a User’s actions with respect to such User’s Internet and phone activities, but Gibson Connect may control or monitor certain information related to its Internet and phone Services in order to provide, support, optimize such Services, comply with the law, and meet its obligations with respect to such Services.
Disclosure of Information
Personally identifiable information will only be disclosed for legitimate business activities related to the Services including, for example:
- Billing and collections
- Fraud prevention
- Comply with the law
In addition, personally identifiable information about you will sometimes be disclosed to others (such as our employees, contractors, and agents for our internal business purposes) as well as outside auditors, professional advisors, service providers, potential business partners, regulators, and franchise authorities with or without your written consent if necessary to render the Services or to conduct a legitimate business activity related to the Services.
Although we make every reasonable effort to preserve your privacy as described, we cooperate with law enforcement, including without limitation under subpoena, court order, or search warrant. We may also use or disclose personally identifiable information about you without your consent to protect our customers, employees, or property, in emergency situations or to enforce our rights in court or elsewhere.
We reserve the right to include usage information in aggregate formats, such as ratings surveys and other statistical reports, so long as such information does not personally identify you, your particular viewing habits, or the nature of any transaction you have made using the Services.
We take reasonable security precautions to protect your personally identifiable information that we collect when you use the Services from unauthorized access, use, and disclosure. For example, we store billing records on computers in a controlled and secure environment. However, we cannot guarantee that our security precautions will prevent every unauthorized attempt to access, use, or disclose your personally identifiable information.
From time to time, your name and address might be disclosed for mailing lists in connection with the promotion of Gibson Connect products and services and other legitimate business activities, subject to the CPNI policies discussed below. If you wish to remove your name from such lists or limit the use of your name and address at any time, please contact us in person, in writing, or by telephone at 844-859-6767.
Retention of Information
Gibson Connect’s maintenance of personally identifiable information collected during the time you are a subscriber will be in accordance with Gibson Connect’s Document Retention Policy. We generally will destroy the information consistent with the requirements of applicable law or Gibson Connect’s Document Retention Policy, if the purpose for which such information was collected has been accomplished and we no longer need to retain the information for compliance with law, reporting, or other legitimate business activities.
Right to Review and Correct Information
Upon reasonable notice and during regular business hours, you may examine and copy (at your cost) any information we create relating to you at Gibson Connect’s main office located at 1207 S. College Street, Trenton, TN 38382. If you wish to inspect those records, please contact us by mail at the above address or by telephone at 844-859-6767, giving us a reasonable period of time to locate and, if necessary, prepare the information for review, and to arrange an appointment during regular business hours. You will only be permitted to examine records that contain information about you and no one else.
Special Notice Concerning Customer Proprietary Network Information
In addition to the provisions of this Privacy Notice, Federal law protects your privacy rights as a customer of Gibson Connect’s Phone Services. These rights are in addition to the existing safeguards that Gibson Connect already has in place to protect your privacy rights. The Federal Communications Commission (FCC) requires Gibson Connect to notify you of your right to restrict the use of your Customer Proprietary Network Information (CPNI). Please carefully review the Gibson Connect CPNI Policy posted on our website.
Gibson Connect reserves the right to modify this Privacy Notice at any time. We will notify you of any material changes via written, electronic, or other means permitted by law, including by posting it on our website. If you find the changes unacceptable, you have the right to cancel the Services. If you continue to use the Services after receiving notice of such changes, we will consider that as your acceptance of the changes.
Effective July 25, 2018
BACK UP BATTERY POLICY
Important Information Regarding Your Phone Service
Your Gibson Connect-provided phone modem is powered by plugging it into an electrical wall outlet. In the event of an electrical outage, your modem will not receive power, just like any other electrically powered device in your home. If this were to happen your Gibson Connect phone service, including any medical or security alert services, like E911, will not be available to you.
A backup battery is designed to provide temporary power to the phone modem in the event electrical power in your home or business is lost. The length of time that your phone will be available during a power outage depends on many variables, including, but not limited to, the following: (i) whether a backup battery remains properly installed in the phone modem; (ii) whether a backup battery is properly charged; (ii) the condition and age of a backup battery; and (iii) the amount of phone usage when the phone modem is utilizing power from a backup battery.
It is your responsibility to provide, maintain, monitor, and/or replace a backup battery.
TAKE NOTE: If you have a medical alert system, or security equipment, you are strongly encouraged to utilize and maintain a battery back-up. Gibson Connect’s phone service is designed to be used on the premises in which service is installed. The equipment that we install in your home or business is the property of Gibson. In the event you relocate or disconnect service, you must return the unit/equipment to a Gibson Connect office or arrange for it to be picked up. If the unit/equipment is not returned, you will be subject to a one-time charge. You assume the risk of loss, theft, or damage to the equipment at all times prior to the removal of the units by Gibson Connect or return of the units by you.
You may purchase a backup battery as part of your Gibson Connect Phone Service installation. Please contact Customer Service at 844-859-6767 to learn more about the backup battery policy, including tips on how best to prepare for an electrical outage. Gibson Connect does not guarantee the performance of any backup battery.
The Gibson Connect installed Optical Network Terminal (ONT) includes a Battery Back Unit (BBU) option, which you may utilize by maintaining an active 12-volt battery in the BBU. With a fully-charged battery, the BBU will provide backup power for your basic voice services, including Emergency 911 dialing, for up to twenty-four (24) hours in the event of a commercial power failure. You are responsible for purchasing and/or replacing the battery in the BBU. We recommend you think about this battery check and replacement just like you would the batteries in your smoke detectors or emergency flashlights.
The BBU is installed at your location in an area where it can be easily monitored. The BBU is connected directly to the ONT to provide backup power if it's needed. In addition, the BBU contains a series of indicator lights that tell you whether your service is being powered by your location's electricity or the battery if one is installed. The BBU also indicates when the 12-volt battery needs to be replaced.
Know your Battery Backup Unit
Model: Cyber Power DTC36U12V3-G
- Alarm Silence – Press to silence audible alarm. Permanently mute or temporarily silence with one-click.
- Cold Start– Press once to reboot the ONT and get up to 1 hour of battery life for emergency phone calls. Once pushed, all remaining battery life will be used.
- System Status
- GREEN – Power Available
- RED – Power Not Available
- RED – Battery needs to be replaced
- OFF – the device will sound alarms to alert you as normal
- YELLOW (blinking) – the device has been permanently muted & will not make any audible alert noises until unmuted.
- GREEN – normal operation
- BLINKING GREEN – system fault
BBU Audible Alarms
Should there be a problem with your BBU, an alarm will sound for 2 seconds and be silent for 58 seconds. This will be repeated until you press the Alarm Silence button. Once you do, be sure to check the lights on the BBU to find the issue. Below are the most common reasons for the alarm to sound:
- On Battery – alarm to indicate that the device is now drawing power from the BBU rather than the wall outlet.
- Low Battery – alarm is silenced after electrical power returns, the battery is fully discharged or removed from the BBU
- Replace Battery – alarm is silenced when the battery is removed
How do I get a new or replacement battery?
Gibson Connect provides free replacement batteries only if:
- Your battery was provided by Gibson Connect and it is still under the one-year warranty period.
Gibson Connect reserves the right to modify this Back Up Battery Policy at any time. We will notify you of any material changes via written, electronic, or other means permitted by law, including by posting it on our website. If you find the changes unacceptable, you have the right to cancel the Services. If you continue to use the Services after receiving notice of such changes, we will consider that as your acceptance of the changes.
Effective: July 25, 2018