Last Updated: September 28, 2023
Table of Contents
1. Prohibited Activities
You may not use the Services in any way that (a) is unlawful, harmful to, or interferes with the operation of Metronet’s or another carrier’s, vendor’s, or individual’s, networks or systems, (b) infringes anyone’s intellectual property rights, (c) results in the publication of threatening or offensive materials, (d) constitutes dissemination of material that is obscene, defamatory, harassing, or libelous, (e) violates export control laws, (f) is harmful to minors, or (g) encourages conduct that would constitute a criminal offense, gives rise to civil liability, or otherwise violates any law.
2. User Content
You may not operate, or allow others to operate, servers of any type or any other device, equipment, or software providing server-like functionality in connection with the Service, unless you are a non-residential customer or expressly authorized by Metronet.
4. Misuse of Services
You may be held responsible for any misuse or abuse of the Service occurring in connection with your account or originating from your IP address, even if such uses are inadvertent or unintended or caused by unauthorized third parties.
You are solely responsible for the security of any device connected to the Service, including, but not limited to, the deployment of patches and updates on hardware and software, and data stored on connected devices. You are responsible for implementing appropriate security precautions for all systems connected to the Service to protect against threats such as viruses, spam, trojan botnets, and other malicious intrusions. You are solely responsible for enabling and maintaining the security of any wireless (Wi-Fi) networks connected to the Service (including the firewalls and other security settings on routers provided by Metronet). Unsecured or “open” wireless networks, whether installed by the customer or a Metronet representative, are prohibited. You authorize Metronet to use technology to detect unsecured wireless networks associated with your use of the Service. If detected Metronet may, but is not obligated to, send you a notification reminding you to enable the security settings on your network.
6. Security Violations
You may not use the Service to breach or attempt to breach the security of another user or attempt to gain access to any organization or person's computer, software, or data without the knowledge and consent of such person. The equipment and the Service may not be used in any attempt to circumvent the user authentication or security of any host, network or account. This includes, but is not limited to, accessing data not intended for you, logging into or making use of a server or account you are not expressly authorized to access, or probing the security of other networks or computers for any reason. Use or distribution of tools for compromising security, such as password guessing programs, cracking tools, packet sniffers or network probing tools, is prohibited.
You may not reference Metronet in the header or body of an unsolicited email, or list an IP address associated with Metronet in any unsolicited email. Further, you may not take any action which implies that Metronet is the sponsor of any unsolicited email even if that email is not sent through Metronet’s network. Further, forging, altering or removing electronic mail headers is prohibited.
If the Service is disconnected, whether voluntarily or by termination, all usernames and associated electronic email addresses may be immediately released for reuse. Upon disconnection, any mailbox contents may be immediately deleted or held in a locked state. Addresses and email may be held until Metronet deletes them as part of its normal policies and procedures. There is no obligation for Metronet to retain or make any username, email address or stored email retrievable once the Service is disconnected.
8. Data Usage, Data Storage & Other Limitations
Metronet offers multiple packages of Service with varying speeds, features and data plans (not all packages are available in all areas). You must comply with the current data usage, data storage, email limits and other requirements associated with the package of Service you selected, if any.
9. Digital Millennium Copyright Act
The Digital Millennium Copyright Act of 1998 (the “DMCA” found at 17 U.S.C. § 512) provides that owners of copyrighted works who believe that their rights under U.S. copyright law have been infringed may report alleged infringements (“Notification”) to service providers like Metronet. Once such a notice is received, service providers automatically have certain obligations. Accordingly, in accordance with the DMCA and other applicable laws, Metronet maintains a policy that provides for the termination of Internet services, under appropriate circumstances, if customers are found to be a repeat infringer or if customer’s Internet services are used repeatedly for infringement. Metronet may terminate a customer’s Internet service under this policy at any time with or without notice. This policy does not affect any other rights Metronet may have.
DMCA Copyright Notifications:
If you are a copyright owner or an agent of a copyright owner and you believe that your rights under U.S. copyright law have been infringed, you may submit a Notification pursuant to the DMCA. After receiving a Notification alleging infringing material resides on Metronet’s network, Metronet will, to the extent required by applicable law, remove or disable access to the material and take reasonable steps to promptly notify the customer that the material has been removed or access to it disabled.
After receiving Notifications regarding repeated infringement through unauthorized file sharing, including peer-to-peer file sharing, relating to a specific customer account, Metronet will take action to prevent repeated infringement. Such action may include temporary or permanent termination of the customer account.
Under the DMCA, anyone who knowingly makes misrepresentations regarding alleged copyright infringement may be liable to Metronet, the alleged infringer, and the copyright owner for damages incurred as a result of the misrepresentation.
You may direct DMCA Notifications to Metronet’s designated agent as follows:
Attn: Regulatory Department
8837 Bond Street
Overland Park, KS 66214
Phone: (877) 407-3224
Under DMCA subsection 512(c)(3), a notification of claimed copyright infringement must be provided in writing to Metronet’s above-listed designated agent and must include substantially the following:
a. A physical or electronic signature of the owner of or a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.
b. Identification of the copyrighted work claimed to have been infringed, or, if multiple copyrighted works at a single online site are covered by a single notification, a representative list of such works at that site.
c. Identification of the material that is claimed to be infringing or to be the subject of infringing activity and that is to be removed or access to which is to be disabled, and information reasonably sufficient to permit Metronet to locate the material.
d. Information reasonably sufficient to permit Metronet to contact the complaining party, such as an address, telephone number, and, if available, an electronic mail address at which the complaining party may be contacted.
e. A statement that the complaining party has a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law.
f. A statement that the information in the notification is accurate, and under penalty of perjury, that the complaining party is the owner of or is authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.
A customer may provide a counter notification to a Notification provided under DMCA subsection 512(c)(1)(C) by providing a written communication to Metronet's designated agent (identified above) that includes substantially the following:
a. A physical or electronic signature of the customer.
b. Identification of the material that has been removed or to which access has been disabled and the location at which the material appeared before it was removed or access to it was disabled.
c. A statement under penalty of perjury that the customer has a good faith belief that the material was removed or disabled as a result of mistake or misidentification of the material to be removed or disabled.
d. The customer's name, address, and telephone number, and a statement that the customer consents to the jurisdiction of the Federal District Court for the judicial district in which the service address is located, and that the customer will accept service of process from the person who provided the notification under DMCA subsection 512(c)(1)(C) or an agent of such person.
After receiving a compliant counter notification, Metronet will forward a copy of the counter notification to the copyright owner. If the copyright owner informs Metronet that it has initiated an action seeking a court order against the customer, Metronet will take no additional action, and any accused infringing material will continue to be blocked until that action is resolved. If Metronet does not receive notice from the copyright owner that an action has been initiated against the accused customer, Metronet will inform the customer that any removed material may be replaced by the customer, and Metronet will take steps to restore access to any blocked materials.
Non-Notification related DMCA questions may be sent to the following:
Attn: Regulatory Department
8837 Bond Street
Overland Park, KS 66214
The information in this Section is provided to you for informational purposes only and is not intended as legal advice. If you believe your rights under U.S. Copyright law have been infringed, you should consult an attorney.
Metronet reserves the right, but is under no obligation, to monitor the material residing in its systems or transmitted through the Services. Your use of any of the Services evidences your consent to Metronet monitoring your use of the Services, and its systems and networks.
11. Enforcement & Notice
Your failure to observe the guidelines set forth in this Policy may result in Metronet taking actions anywhere from a warning to a suspension or termination of your Services. Metronet reserves the right, however, to act immediately and without notice to suspend or terminate affected Services in response to a court order or government notice that certain conduct must be stopped, or when Metronet reasonably determines that your use of the affected Services may: (a) expose Metronet to sanctions, prosecution, civil action or any other liability; (b) cause harm to or interfere with the integrity or normal operations of Metronet’s network or networks with which Metronet is interconnected; (c) interfere with another Metronet Users use of the Services or the Internet; (d) violate any applicable law, rule or regulation; or (e) otherwise present an imminent risk of harm to Metronet or its Users.
You agree to indemnify, defend, and hold harmless Metronet and its affiliates, suppliers, and agents against all claims and expenses (including reasonable attorneys’ fees) resulting from you engaging in any of the prohibited activities listed in this Policy or resulting from your violation of this Policy or of any other posted Metronet policy related to use of the Service. Your indemnification obligations will survive any termination of your Service.
a. Visitors of our websites where this Policy is posted, including, but not limited to the Site, Users of our mobile applications, and individuals who otherwise interact or engage with us or our Services;
b. Commercial information, such as products or services you purchase or consider purchasing;
c. Individuals who subscribe to receive news, information, and marketing communications and materials from Metronet;
d. Individuals who register for or participate in our events, promotions, surveys, and research conducted by Metronet;
e. Current, former and prospective customers and agents; and
f. Individuals that communicate with us or otherwise interact or engage with us, including through our social media channels, related to our services.
All activities and interactions described above are collectively referred to as “Activities”. The Activities and Services are collectively referred to as “Products”. Depending on how you interact or engage with us, we may provide you with other privacy notices with additional details about our privacy practices.
2. Personal Information We Collect
As further described below, we collect personal information directly from you, automatically in connection with your use of the Products, and in some cases, from other third-party sources (such as other Users, publicly available sources, social networks, platform providers, payment processors, and operators of certain third-party services that we use). The personal information we collect depends on how you use our Products or otherwise interact or engage with us or applicable third-party sources.
a. Personal Information We Collect Directly From You. You can use certain features of our Products without registering with us. However, some features require you to create an account or provide us with certain personal information. While the personal information we collect varies depending upon your use of our Products and our interactions with you, in general, we may collect the following personal information:
i. Account and Profile Information. When you create an account with us, including to access your myMetronet Portal, we collect your first and last name, alias, account number, email address, password, security question(s), and any other information used in connection with accessing or establishing your account. We also may collect personal information you post to your profile or account, such as phone number, address and other contact information, demographics, photos or profile image, preferences, or information that you otherwise submit to us through your account. We may collect government-issued identification for certain types of transactions.
ii. Contact Information. When you contact us, including to sign up or learn more about our Products, we collect your name, email address, phone number, the nature of your inquiry, and any other information you so choose to provide. This same information is also collected, along with home address and details on the types of services you added to your online cart, when you use our online self-sign-up portal, even if you do not complete the check-out process.
iii. Purchases and Payments. If you make purchases through our Products, we and our providers may collect payment information such as name, payment card details, billing address, payment type, credit card number, or other payment account and billing details.
iv. Communications and Interactions. When you email, call, or otherwise communicate with us and with members of our team, including through our chat functions, we collect and maintain a record of your contact details, communications, and our responses.
v. Surveys and Feedback. If you participate in our surveys or questionnaires, we collect your responses, feedback, and any other information you so choose to provide. We may collect information on inferences or preferences we learn about you.
vi. Marketing, Contests, and Promotions. If you agree to receive direct marketing communications from us, we collect your email address, name, preferences, and if relevant, information about your account and the Products and features you use. If you participate in contests or promotions we offer, we collect your name, age, email address, and other information related to the contests, promotions, and other events or activities available through our Products.
vii. Events and Other Requests. We also collect personal information related to your participation in our events as well as other requests that you submit to us related to our Products. For example, if you register for or attend an event that we host or sponsor, we may collect information related to your registration for and participation in such event.
viii. Business Development Information. To assess and pursue potential business opportunities, we may collect and receive personal information about current, former, and prospective vendors and business partners including name, company information, contact details, and communications records.
i. Device and Browsing Information. When you access or use our Products, we collect information such as IP address, general location information, browser type, domain names, access times, pages views, date/time stamps, operating system, language, scrolling activity, device type, unique ID, Internet service provider, referring and exiting URLs, and similar device and browsing information.
ii. Activities and Usage. We also collect activity information related to your use of the Products, such as information about the links clicked, searches, features used, items viewed, time spent within the Products, your interactions with us within the Products, and other activity and usage information. We, and our third-party partners, may also use analytics tools to collect and analyze information about your keystroke activity and rhythms, mouse movements, scrolling, clicks, and pauses when you use our Sites or our mobile applications.
iii. Location Information. We may also collect or derive location information about you, such as through your IP address. If you enable location-based sharing with us through your device settings, we may collect precise location information, such as GPS coordinates, to provide content that is more relevant to your location and to otherwise improve your interactions with our Services. You may turn off location-based sharing through your device settings.
iv. Audio, Electronic, Video or Image Information. We may collect audio, electronic, video or image information of you, such as audio or video recordings when you call or virtually connect with us, or video via mounted or mobile cameras in our offices and stores (including parking lots associated with those offices and stores). We may also collect audio, electronic, and video of you (and any other participants) if you use a Product designed to capture that type of material or as required by law.
c. Personal Information We Collect from Other Sources. In addition, we may collect and receive certain personal information from other Users, business partners and agents, advertising networks, data analytics providers, Internet service providers, operating systems and platforms, government entities, public databases, and vendors and service providers who provide services to Users or who perform functions on our behalf. For example, we may collect your name, contact information, phone number, and other relevant information from other Users who participate in our “Refer a Friend” program.
3. How We May Use Personal Information
We collect, use, disclose and otherwise process the personal information we collect about you for the following purposes:
a. Services and Support. To allow you to maintain your account with us, provide and operate our Products, communicate with you about your use of the Products, provide troubleshooting and technical support, respond to your inquiries, communicate with you about the Products, and to otherwise run our day-to-day operations.
b. Analytics and Improvement. To better understand how Users access and use the Products, and for other research and analytical purposes, such as to evaluate and improve our Products and business operations, to develop our Products and its features, and for internal quality control and training purposes.
c. Communicate With You. To send you requested materials and newsletters, as well as information and materials regarding our service offerings. We also use this information to send administrative information to you, for example, information regarding the Products and changes to our terms, conditions, and policies.
d. Marketing and Promotions. For marketing and promotional purposes. For example, to send you information about our Products, such as newsletters and other marketing content, including information about Metronet events, promotions, and new offerings, as well as any other information that you sign up to receive.
e. Research and Surveys. To administer surveys and questionnaires, such as for market research or User satisfaction purposes.
f. Planning and Managing Events. For event planning, hosting, and other management-related purposes, such as registration, attendance, connecting you with other event attendees, and contacting you about relevant events and Products.
g. Security and Protection of Rights. To protect our Products, operations, and our rights or those of our stakeholders; to prevent and detect fraud, unauthorized activities and access, and other misuse; where we believe necessary to investigate, prevent or take action regarding illegal activities, suspected fraud, situations involving potential threats to the safety or legal rights of any person or third party, or violations of our policies or any applicable Terms and Conditions.
h. Compliance and Legal Process. To comply with applicable legal or regulatory obligations, including as part of a judicial proceeding, to respond to a subpoena, warrant, court order, or other legal process, or as part of an investigation or request, whether formal or informal, from law enforcement or a governmental authority.
i. Auditing, Reporting, and Other Internal Operations. To conduct financial, tax and accounting audits, and audits and assessments of our operations, privacy, security, financial controls, risk, and compliance with legal obligations. We may also use personal information for our internal business, accounting, record keeping and legal functions, and to maintain appropriate business records and enforce company policies and procedures.
j. Business Transfers and Operational Support. To assess, consider, and implement mergers, acquisitions, reorganizations, bankruptcies, financings, and other business transactions.
4. How We May Disclose Personal Information
We may disclose the personal information we collect for the purposes described above and as follows:
a. Affiliates, Subsidiaries, and Business Partners. We may disclose the personal information we collect to our corporate affiliates and subsidiaries, as well as to our business partners.
b. Vendors and Services Providers. We may engage vendors and service providers to provide services to Users or perform functions or provide services on our behalf, such as IT and website hosting, payment processing, marketing and marketing research, customer support, data storage, analysis and processing, auditors, consultants and legal counsel.
c. Other Metronet Users. If you participate in our “Refer a Friend” program, we may disclose certain identifiers, such as your name and contact information, with other Users with whom you direct us to provide your information.
d. Marketing and Analytics Providers. We may also disclose your personal information, such as device and browsing, and activities and usage information, to marketing and advertising networks, data analytics providers, and other companies who provide marketing or analytics services on our behalf. For more information see the “Cookies and Other Tracking Mechanisms” section below.
We may also disclose personal information in the following circumstances:
e. In Support of Business Transfers. If we or our affiliates are or may be acquired by, merged with, or invested in by another company, or if any of our assets are or may be transferred to another company, whether as part of a bankruptcy or insolvency proceeding or otherwise, we may disclose or transfer the personal information we have collected from you with or to the other company. We may also disclose certain personal information as necessary prior to the completion of such a transaction, or other corporate transaction such as a financing or restructuring, to lenders, auditors, and third-party advisors, including attorneys and consultants.
f. Compliance and Legal Obligations. To comply with our legal, regulatory, and compliance related obligations. For example, we may disclose personal information in response to subpoenas, court orders, and other lawful requests by regulators and law enforcement, including responding to national security or law enforcement disclosure requirements.
g. Security and Protection of Rights. We may disclose personal information where we believe doing so is necessary to protect the Products, our rights and property, or the rights, property, and safety of others. For example, we may disclose personal information to (i) prevent, detect, investigate, and respond to fraud, unauthorized activities and access, illegal activities, and misuse of the Products, (ii) situations involving potential threats to the health, safety, or legal rights of any person or third party, or (iii) enforce, detect, investigate, and take action in response to violations of our Terms and Conditions. We may also disclose personal information related to litigation and other legal claims or proceedings in which we are involved, as well as for our internal accounting, auditing, compliance, recordkeeping, and legal functions.
h. Aggregate and Non-Identifiable Information. Notwithstanding anything else in this Policy, we may use, disclose, and otherwise process aggregate and de-identified information related to our business and your use of our Site and Products with third parties for quality control, analytics, research, development, and other purposes.
i. Other Disclosures. We may disclose personal information in other ways not described above that we notify you of or that we obtain your consent for.
6. User Privacy Rights and Choices
There are several ways for you to manage choices about your personal information, including preferences regarding cookies, advertising, whether you want to receive marketing and promotional content from us, and choices regarding your account and profile information.
a. Cookie Settings. If you wish to prevent cookies from tracking your activity on our Site or visits across multiple websites, you can set your browser to block certain cookies or notify you when a cookie is set; you can also delete cookies. The “Help” portion of the toolbar on most browsers will tell you how to prevent your device from accepting new cookies, how to have the browser notify you when you receive a new cookie, or how to delete cookies. Users of our Site who disable cookies will be able to browse the Site, but some features may not function.
b. Industry Ad Choice Programs. You can also control how participating third-party ad companies use the information that they collect about your visits to our Site, and those of third parties, in order to display more relevant targeted advertising to you. If you are in the U.S., you can obtain more information and opt out of receiving targeted ads from participating third-party ad networks at aboutads.info/choices (Digital Advertising Alliance). You may also download the DAA AppChoices tool (https://youradchoices.com/appchoices) in order to help control interest-based advertising on apps on your mobile device. Opting out of participating third party ad networks does not opt you out of being served advertising. You may continue to receive generic or "contextual" ads on our Site. You may also continue to receive targeted ads on other websites, from companies that do not participate in the above programs.
c. Marketing Communications. You can opt out of receiving marketing emails from us by updating your Preference Center settings. You can access the Preference Center by following the link included in any marketing emails we send you. You can also opt out of receiving marketing related text messages from us by replying “STOP”.
d. Account and Profile Information. If you have an account with us, you may access, review, and update your account and profile information, such as your name, email address, contact information, communications preferences, and other profile information by logging in and accessing this information directly within your account.
7. Customer Proprietary Network Information
We take our duty to protect your Customer Proprietary Network Information (“CPNI”) very seriously. Federal law requires certain voice and Internet access providers, including interconnected Voice over Internet Protocol service providers to protect certain personal information that we generate or access in providing services to you. CPNI for voice services includes, but is not limited to, call details, call location information, and information about the rates and features of the services that you use. CPNI does not include customer list information, such as your name, address, or phone number. We may use the information we collect about your use of Metronet’s services to send you information about the Services in compliance with our obligations to protect your CPNI.
Your CPNI is handled as follows:
a. We implement safeguards that are designed to protect your CPNI. We authenticate you with a password or other permissible means before disclosing CPNI.
b. Using your CPNI without additional approval is limited to specific purposes. By using the Metronet’s phone services, you allow us to use, disclose, and permit access to your CPNI without your additional approval only for the following limited purposes:
i. To provide and offer Products and features among the category of Products you’re purchasing from us. This includes using CPNI in the normal course of business, such as to enable billing, customer service, and troubleshooting.
ii. To protect our rights and property.
iii. To protect our Users and other carriers from fraudulent, abusive, or unlawful uses of the Products.
iv. To comply with applicable laws and legal process. For any other purpose permitted by federal law.
Except for these purposes, we will not use, disclose, or permit access to your CPNI associated with Metronet’s phone service without your additional approval.
8. Children’s Information
Our Products are not designed for minors, and we do not knowingly collect personal information from children under the age of thirteen (13). If you are a parent or legal guardian and you believe we have collected your child’s information in violation of applicable law, please contact us using the contact information below.
We have implemented safeguards that are intended to protect the personal information that we collect from loss, misuse, and unauthorized access, disclosure, alteration, and destruction. Please be aware that despite our efforts, no data security measures can guarantee security.