PRIVACY POLICY

1. General. CONTERRA considers your privacy to be important. The purpose of the CONTERRA Privacy Policy (the "Privacy Policy") is to make sure you understand the information we may collect about you and your activities when you use CONTERRA's Internet Access Service (the "Service") and what we do with such information.

2. Consent. PLEASE BE AWARE THAT IF YOU USE THE SERVICE, YOU WILL BE CONSENTING TO THE TERMS OF THIS PRIVACY POLICY. IF YOU DO NOT WANT YOUR INFORMATION TO BE UTILIZED AS PROVIDED IN THIS PRIVACY POLICY (INCLUDING THE OPT-OUT PROVISIONS DETAILED BELOW), THEN YOU SHOULD NOT UTILIZE OR ACCEPT THE SERVICE.

3. Collection of information about you by CONTERRA. When you register to use the Service, when you install the Software, and from time to time when you use the Service, we may ask you (or you may be asked by prompts from the Software), to provide or we may collect from you the following kinds of information:

  • Your name
  • Your address (including e-mail address)
  • Your telephone numbers
  • Your social security number
  • Your billing/payment history
  • Levels of service you have utilized or requested
  • Maintenance and repair records for your Site and the Equipment that CONTERRA has provided to you
  • The identification, make, model numbers and other information about the Equipment that CONTERRA has provided to you or that you utilize on the Site
  • Information about your activity on the Internet, including, without limitation, IP addresses, web sites you visit, dates and times of your visits, communications you may have with bulletin boards, chat rooms, newsgroups and other publicly available web sites. When this information is used in a manner that identifies you, this information shall constitute "Personal Information". When this information is used in a manner that does not identify you, this information shall constitute "Statistical Information".

4. Use of Personal Information by CONTERRA.
(a) CONTERRA may, without your consent, use such Personal Information to render the Service to you or to detect unauthorized use of the Service, Equipment or Software.

(b) CONTERRA may also use such Personal Information in any other way, provided that CONTERRA secures your prior written or electronic consent to such use.

(c) CONTERRA may use Personal Information for legitimate business activities related to the provision to you of the Service, including, without limitation, to bill you for the Service, for accounting or tax purposes, to send you Service guides and policies, to detect unauthorized use of the Service, to detect violations of the CONTERRA Internet Access Service Agreement (the "Service Agreement") or violations of law, and for mailing or sending promotional material or information to you about the Service, other offerings from CONTERRA or about products and services available from others.

5. Disclosure of Personal Information by CONTERRA
(a) CONTERRA may, without your consent, disclose Personal Information if the disclosure is:

(i) necessary to render, or conduct a legitimate business activity related to the Service;

(ii) pursuant to court order authorizing such disclosure provided that you are notified of such court order by the person to whom the order is directed, unless such court order or other applicable law prohibits CONTERRA from notifying you, (and see below for additional requirements if the court order is to disclose the information to a governmental entity); or

(iii) to third parties provided the disclosure is only of your name and address (and further provided that CONTERRA has provided you with the opportunity to prohibit or limit such latter disclosure and such latter disclosure does not reveal, directly or indirectly, the extent of any use of the Service or the nature of transactions you make using the Service).

(b) In accordance with Section 5(a)(i) above, examples of the kinds of entities to whom CONTERRA might disclose Personal Information are as follows: CONTERRA's employees, agents, subcontractors, affiliates, sales representatives, accountants, billing and collection services, and suppliers. Your consent is not required for us to make such disclosures for legitimate business purposes.

(c) For purposes of Section 5(a)(ii) above, if a court order requires CONTERRA to disclose Personal Information to a governmental entity, unless such court order or other applicable law requires otherwise, such governmental entity must have secured such court order as a result of a court proceeding where it: (i) offered clear and convincing evidence that the subject of the information is reasonably suspected of engaging in criminal activity and that the information sought would be material evidence in the case; and (ii) the subject of the information is afforded the opportunity to appear and contest such governmental entity's claim.

(d) In accordance with Section 5(a)(iii) above, CONTERRA may disclose your name and address to non-governmental third parties, unless you opt-out as permitted under Section 6 below.

(e) Unless you opt-out as permitted under Section 6 below, you are hereby consenting to permit CONTERRA to disclose your name and address to third parties offering services or products that may be of interest to you.

(f) In addition, you are hereby consenting (to the extent such consent is necessary) to CONTERRA's disclosure of your name and address to law enforcement agencies or officers; in response to court orders and subpoenas to prevent criminal activity, including, but not limited to, fraud, bomb threats, homicide, child pornography, violations of U.S. export control laws, and violations of U.S. Copyright laws; or if, in CONTERRA's sole judgment, such disclosure is advisable to endeavor to avoid harm (e.g., to notify local police or medical authorities of a medical or security emergency, a threat of harm to public safety or similar concern). If you are uncomfortable with allowing us to use your Personal Information in this way, please do not contract for or use the Service.

6. Opt-Out Provision. In accordance with Sections 5(d) and 5(e) above, (and subject to the provisions of this Privacy Policy that permit CONTERRA to disclose your Personal Information to third parties) you may elect to have CONTERRA not share your name or address with nongovernmental third parties or with other businesses with services or products that may be of interest to you. If you do not want us to share your name or address with such other entities, you may "opt-out" by completing the Non-Disclosure Form attached hereto and by returning it to CONTERRA at the address listed on your bill. Please DO NOT mail the Non-Disclosure Form with your bill. If you change your mind and do wish to allow us to so disclose your name and addresses to other businesses, please contact us.

7. Maintaining Your Personal Information. We will maintain your Personal Information while you are receiving the Service and only for so long as is necessary for legitimate business purposes. Certain subscriber information may be held for up to seven (7) years for tax purposes. Other information, such as subscriber credit history, service calls to individual residences and length of service records, may be held indefinitely to allow us to maintain accurate system maintenance and subscriber history.

8. Access to Personal Information. Customers may review any Personal Information that pertains to them and may be given an opportunity to correct any errors. If you desire to review such information at our nearest business office, please notify us in writing at [contact info] and an appointment will be arranged promptly for such inspection during business hours.

9. Security Measures. CONTERRA will implement reasonable security measures to protect Personal Information from unauthorized access.

10. Statistical Information. CONTERRA may sell, disclose and use in any way Statistical Information gathered from our subscribers.

11. Caution regarding posting of information by you. We remind you that when you post any information about yourself or others to Chat Rooms or similar interactive bulletin board sections of the Internet, you are revealing such information to strangers. In addition, when you visit Web sites and other sections of the Internet, each may be governed by different privacy policies and any information you provide about yourself in such sections may not be protected by policies akin to this Privacy Policy. Please use caution and good sense.

12. Changes to this Privacy Policy. We remind you that (to the extent permitted by law) this Privacy Policy may be changed from time to time by us in our sole discretion by posting such change at www.CONTERRA.com (the "CONTERRA Internet Site"). Use of the Service by you after a change to this Privacy Policy has been so posted by CONTERRA shall constitute acceptance by you thereof. If you do not wish to accept such changes, your only remedy is to terminate the Service we are providing to you under your Service Agreement.