We are primarily responsible for and concerned with your connection to the Internet. We will do everything possible to make sure that your connection via NITCO is stable and reliable. This includes the maintenance and constant upgrading of our various servers and modem pools, and the provision of technical support via email and telephone to the customers of NITCO Internet Services.
List of our policies:
We want to help our users but we cannot dedicate the human resources to make up for every application that has bad documentation or implementation. If your connection is a problem we will spare no expense or amount of time to find a solution and to rectify the situation. However, if the problem has to do with a particular application that a user wants to run on their local host we cannot take that task upon ourselves. It is not from a lack of desire to help our users but a reality of the volume of Internet applications that makes this a reality. We will try to answer questions about applications when possible as an Internet provider who wants to help our customers but we want to be clear that this is not a standard function of our office or service. If you have any questions or comments concerning this policy, please feel free to contact us.
If you are dissatisfied with the Service or with any of NITCO's terms, conditions, guidelines, or practices, your sole option is to terminate this Agreement and discontinue using the service.
- NITCO may, at its discretion, update this Agreement from time to time ,and your continued use of this service shall be construed as acceptance of updated Agreement terms.
- NITCO reserves the right to deny referral credit for any reason, as well as end the referral promotion anytime without notice or reason.
- With your use of NITCO service, you agree to provide NITCO with accurate and truthful registration information including but not limited to name, address, telephone number and credit card information and to keep all registration information up to date as long as you use the Service.
- You agree not to assign or otherwise transfer this Agreement or your rights under it, to delegate your obligations, or to resell the Service. Any attempt to do so is void.
- You agree to promptly notify NITCO if you suspect unauthorized use of the service or your user identification, with the full understanding that until such notification, you remain responsible for any unauthorized use or violations of NITCO terms and conditions.
- Liability for use of a credit, debit or charge card remains subject to your individual agreement with your card issuer, and NITCO shall have no responsibility with regard to your use of such card.
- You will be invoiced for all relevant charges for the Service until canceling your account registration with NITCO, and until such time are solely responsible for any telephone toll charges incurred due to use of the service.
- NITCO reserves the right to charge the customer a reasonable late and/or disconnect fee.
- NITCO provides service on a month-to-month basis and does not prorate monthly access due to cancellation. Partial credits will not be issued to subscribers canceling service.
- NITCO shall not be responsible for any of the following:
- The installation, operation, or maintenance of equipment or software not provided by NITCO.
- The transmission or reception of information by equipment or software not provided by NITCO.
- Poor performance of equipment or hardware not provided by NITCO due to changes in the Service they may cause such equipment to become obsolete or require modification or alteration.
- Toll calls.
What types of information does NITCO collect?
Whether you are communicating with NITCO or using a NITCO service, NITCO may collect two types of information: personal information and non-personal information. “Personal information” refers to information that is particular to you, such as, your name, address, phone number, fax number, and e-mail address. “Non-personal information” refers to information that does not by itself identify a specific individual. This information includes websites visited, network traffic data, services and features used or call record details.
How do we collect information from you?
NITCO may collect information from you through communications such as via the web, or by phone, email or mail delivery, or through the services provided to you as the customer.
You may visit our site without divulging any personal information; however, there are areas of this site that might require personal information in order to contact NITCO directly, specifically, when registering e-mails, obtaining remote access, and contacting online technical support.
Information may be collected in the following ways:
- Browsing our site
- IP addresses may be collected for the purposes of system administration, to gather broad demographic information, and to monitor the level of activity on our site.
- Information may be collected regarding the referring URL, which browser you used to come to our site, and the pages of our site that you viewed during your visit and any search terms entered on our site.
- E-mails may be sent by the customer to NITCO on this website. NITCO may retain the information in any e-mail that you send to us, such as your name, e-mail, address, or telephone number.
- Broadband Internet Service
- NITCO may monitor the network and take measurements of network performance and the performance of your Internet connection to improve the customer’s, or NITCO’s, overall service levels.
- During communications with NITCO for service support, we may also access information about your customer premise equipment such as computers and wireless modem devices or other device settings to provide customized technical support or to install specific applications or services for your use.
- NITCO reserves the right to access broadband traffic from individual accounts for the purposes of general maintenance and management of the network, as well as upon request by law enforcement officials.
- Provision of Information by Third Parties
- NITCO may obtain credit information about you from third parties when you purchase products or services from NITCO.
How is your personal information used?
NITCO uses your information in connection with delivering its products and services to you. NITCO may also use the information supplied in order to personalize portions of your service. Some of these personalized services are made available directly by NITCO, while others may be offered by its content partners. In addition, NITCO analyzes and evaluates customer preferences, comments, and criticisms of its offerings in order to make improvements to the present and future versions of the individual service.
NITCO may use personal information it collects to provide you with information or samples that you have requested. In addition, we may use the non-personal information we collect to provide you with a better service experience in the future. NITCO does not rent, sell or trade your private information to any non-affiliated third party.
With whom do we share your information?
Unless you request otherwise, we may share certain personal or non-personal information with our affiliated companies with whom we have established business relationships.
NITCO will never willfully disclose individually identifiable information about its customers to a third party without first receiving that customer’s permission unless NITCO believes in good faith that the law requires it, or to protect the rights or property of NITCO.
How does NITCO protect your personal information?
NITCO takes reasonable precautions to protect your personal information against unauthorized access by requiring employees to use secured access authentication and passwords to obtain customer information and by storing electronic file information on a secure server, which is accessible only by authorized personnel.
Unfortunately, no data transmission over the Internet can be guaranteed to be 100% secure and we will not be held liable should a third party illegally obtain your personal information via Internet transmission. While we have made significant efforts to protect your personal information, we cannot ensure or warrant the security of any information you transmit to us, and you do so at your own risk.
NITCO takes special care to protect the safety and privacy of young people using its services. NITCO does not knowingly collect information about children. NITCO believes that children should get their parents’ consent before giving out any personal information. NITCO encourages parents and legal guardians to participate in their child’s experience using NITCO’s services. Children should always ask a parent for permission before sending personal information to NITCO.
How does the customer provide consent?
Contests and Promotions
Our online contests ask viewers for contact information (e-mail address, etc.) and demographic information, mailing address, (zip code, age or income level, etc). We or the prize provider will use this contact information to contact the user if he/she is a contest winner. We will not disclose this personally identifiable information to additional parties. You may choose to tell us that you do not wish to have your information used as a basis for further contact with you regarding future contest offers.
NITCO is committed to complying with the Children’s Online Privacy Protection Act of 1998 (“COPPA”). NITCO has adopted the following policies regarding the PII of children under the age of 13
- NITCO will not knowingly collect PII from children under the age of 13. We provide contest sponsors with the voluntarily provided information only to respond directly on a one-time basis to notify the respondent that they have won our contest.
- In areas of the Site where we are concerned that children under the age of 13 may wish to submit PII, NITCO encourages parents and guardians to spend time online with their children, and to be fully familiar with the websites visited by their children.
- A contestant may indicate on the PII form that they wish to be notified via email of future NITCO contests. NITCO will not knowingly contact a child under the age of 13 by e-mail or by other means voluntarily provided in PII forms on our site.
- Personally Identifiable Information (“PII”) NITCO will not collect any PII about you through the Site unless you provide it to us voluntarily. You must provide PII in the following circumstances: you wish to use certain features on the Site, answering surveys, and submitting information for contests. The following policies apply only to certain pages of the Site.
Notice to Parents and Guardians
Protect the identity of your child by supervising them while using this Web site or any other site for that matter. We believe you should talk to your children about the safe and responsible use of their personal information while using the Internet.
Northwestern Indiana Telephone Company (NITCO) has adopted this Acceptable Use AUP (“AUP”) to outline the acceptable use of NITCO’s Broadband Internet service (“ Broadband Service”). This AUP is in addition to any restrictions contained in the NITCO service agreement for Internet service (the “Subscriber Agreement”). Please also refer to the Frequently Asked Questions (“FAQs”) , which includes explanations of how NITCO will enforce this AUP in the context of network management. All capitalized terms used in this AUP that are not defined here have the meanings given to them in the Subscriber Agreement.
You,the customer, must comply with this AUP. Your failure to do so could result in the suspension or termination of your Broadband Service account. If you do not agree to comply with this AUP, you must immediately stop all use of the Broadband Service and notify NITCO so that we can close your account.
NITCO may revise this AUP from time to time and will have the latest version posted on its website. NITCO will use reasonable efforts to make customers aware of any changes to this AUP, which may include sending e-mail announcements or posting additional information on the NITCO website. Revised versions of this AUP are effective immediately upon posting. Accordingly, customers of the NITCO Broadband Internet Broadband Service should read any NITCO announcements they receive and regularly visit the NITCO web site and review this AUP to ensure that their activities conform to the most recent version. You can send questions regarding this AUP to, and report violations of it at, email@example.com To report illegal content on the Internet go to www.ftc.gov.
Prohibited Uses and Activities
In general, this AUP prohibits uses and activities involving the Broadband Service that are illegal, infringe the rights of others, or interfere with or diminish the use and enjoyment of the Broadband Service by others.
Network and Usage Restrictions
No user of the Broadband Service, Customer Equipment, or the NITCO Equipment may, individually or in combination with another:
- restrict, inhibit, or otherwise interfere with the ability of any other person, regardless of intent, purpose or knowledge, to use or enjoy the Broadband Service (except for safety and security functions such as parental controls, for example), including, without limitation, posting or transmitting any information or software which contains a worm, virus, or other harmful feature, or generating levels of traffic sufficient to impede others' ability to use, send, or retrieve information;
- restrict, inhibit, interfere with, or otherwise disrupt performance of the Broadband Service or cause a performance degradation,
- regardless of intent, purpose or knowledge, to the Broadband Service or any NITCO (or NITCO supplier) host, server, backbone network, node or service, or otherwise cause a performance degradation to any NITCO (or NITCO supplier) facilities used to deliver the Broadband Service;
- resell the Broadband Service or otherwise make available to anyone outside the Premises the ability to use the Broadband Service (for example, through wi-fi or other methods of networking), in whole or in part, directly or indirectly. The Broadband Service is for personal and non-commercial residential use only and you agree not to use the Broadband Service for operation as an Internet service provider or for any business enterprise or purpose (whether or not for profit);
- connect the NITCO Equipment to any computer outside of your Premises;
- interfere with computer networking or telecommunications service to any user, host or network, including, without limitation, denial of service attacks, flooding of a network, overloading a service, improper seizing and abusing operator privileges, and attempts to “crash” a host; and
- accessing and using the Broadband Service with anything other than a dynamic Internet Protocol (“IP”) address that adheres to the dynamic host configuration protocol (“DHCP”). You may not configure the Broadband Service or any related equipment to access or use a static IP address or use any protocol other than DHCP unless expressly permitted to do so by NITCO.
Conduct and Information Restrictions
No user of the Broadband Service, Customer Equipment, or the NITCO Equipment may, individually or in combination with another:
- avoid incurring charges for or otherwise being required to pay for usage of the Broadband Service;
- invade another person’s privacy, stalk, harass, or otherwise violate the rights of other persons;
- undertake or accomplish any unlawful purpose. This includes, but is not limited to, posting, storing, transmitting or disseminating information, data or material which is libelous, obscene, unlawful, threatening or defamatory, or which infringes the intellectual property rights of any person or entity, or which in any way constitutes or encourages conduct that would constitute a criminal offense, or otherwise violate any local, state, federal, or non-U.S. law, order, or regulation;
- post, store, send, transmit, or disseminate any information or material which a reasonable person could deem to be unlawful;
- upload, post, publish, transmit, reproduce, create derivative works of, or distribute in any way information, software or other material obtained through the Broadband Service or otherwise that is protected by copyright or other proprietary right, without obtaining any required permission of the owner;
- collect, or attempt to collect, personal information about third parties without their consent;
- transmit unsolicited bulk or commercial messages commonly known as “spam;”
- send voluminous copies of the same or substantially similar messages, empty messages, or messages which contain no substantive content, or send very large messages or files that disrupts a server, account, blog, newsgroup, chat, or similar service;
- initiate, perpetuate, or in any way participate in any pyramid or other illegal scheme;
- participate in the collection of voluminous amounts of e-mail addresses, screen names, or other identifiers of others (without their prior consent), a practice sometimes known as spidering or harvesting, or participate in the use of software (including “spyware”) designed to facilitate this activity;
- collect responses from unsolicited bulk messages;
- falsify, alter, or remove message headers;
- falsify references to NITCO or its network, by name or other identifier, in messages;
- impersonate any person or entity, engage in sender address falsification, forge anyone else's digital or manual signature, or perform any other similar fraudulent activity (for example, “phishing”);
- violate the rules, regulations, terms of service, or policies applicable to any network, server, computer database, service, application, system, or Web site that you access or use;
No user of the Broadband Service, Customer Equipment, or the NITCO Equipment may, individually or in combination with another:
- use the Internet service or facilities for web-hosting, e-mail hosting, or other unusually high-bandwidth consumption unless you have made special subscription arrangements with NITCO and the usage does not otherwise violate law or regulation;
- access any other person's computer or computer system, network, software, or data without his or her knowledge and consent; breach the security of another user or system; or 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 hosts, networks, or accounts without express permission to do so;
- use or distribute tools or devices designed or used for compromising security or whose use is otherwise unauthorized, such as password guessing programs, decoders, password gatherers, keystroke loggers, analyzers, cracking tools, packet sniffers, encryption circumvention devices, or Trojan Horse programs. Unauthorized port scanning is strictly prohibited;
- copy, distribute, or sublicense any proprietary software provided in connection with the Broadband Service by NITCO or any third party, except that you may make one copy of each software program for back-up purposes only;
- distribute programs that make unauthorized changes to software (cracks);
- use or run dedicated, stand-alone equipment or servers from the Premises that provide network content or any other services to anyone outside of your Premises local area network (“Premises LAN”), also commonly referred to as public services or servers. Examples of prohibited equipment and servers include, but are not limited to, e-mail, Web hosting, file sharing, and proxy services and servers;
- use or run programs from the Premises that provide network content or any other services to anyone outside of your Premises LAN, except for personal and non-commercial residential use;
- service, alter, modify, or tamper with the NITCO Equipment or Broadband Service or permit any other person to do the same who is not authorized by NITCO;
- Network and Usage Restrictions
Customer Conduct and Features of the Broadband Service
In addition to being responsible for your own compliance with this AUP, you are also responsible for any use or misuse of the Broadband Service that violates this AUP, even if it was committed by a friend, family member, or guest with access to your Broadband Service account. Therefore, you must take steps to ensure that others do not use your account to gain unauthorized access to the Broadband Service by, for example, strictly maintaining the confidentiality of your Broadband Service login and password. In all cases, you are solely responsible for the security of any device you choose to connect to the Broadband Service, including any data stored or shared on that device. It is also your responsibility to secure the Customer Equipment and any other Premises equipment or programs not provided by NITCO that connects to the Broadband Service from external threats such as viruses, spam, bot nets, and other methods of intrusion.
NITCO reserves the right to refuse to transmit or post, and to remove or block, any information or materials, in whole or in part, that it, in its sole discretion, deems to be in violation of Sections I or II of this AUP, or otherwise harmful to NITCO's network or customers using the Broadband Service, regardless of whether this material or its dissemination is lawful so long as it violates this AUP. Neither NITCO nor any of its affiliates, suppliers, or agents have any obligation to monitor transmissions or postings (including, but not limited to, e-mail, file transfer, blog, newsgroup, and instant message transmissions) made on the Broadband Service. However, NITCO and its affiliates, suppliers, and agents have the right to monitor these transmissions and postings from time to time for violations of this AUP and to disclose, block, or remove them in accordance with this AUP, the Subscriber Agreement, and applicable law.
All of NITCO’s network and system services are provided according to scheduled fees for each type of service. You agree to use such services in accordance with the terms set forth below.
Email and Web-Hosting services
- Unsolicited Email Prohibited - You may not use NITCO-hosted email addresses for the purpose of sending unsolicited email. You may not use or cause to be used NITCO’s equipment, network connectivity, or other resources to originate, deliver, relay or otherwise transmit unsolicited email messages. You may not engage in any of the foregoing prohibited activities by using the service of any other provider, third-party agent, remailing service or address forwarding service, in such a way that NITCO’s network addresses or NITCO-hosted web or email services are in any way identified as being associated with the sending of unsolicited email.
- Unauthorized use, or forging, of mail header information (e.g. “spoofing”) is prohibited.
- Fraudulent Activity Prohibited – You may not use the NITCO email and web-hosting services to make fraudulent offers to sell or buy products, items, services, or to advance any type of financial scam such as “pyramid schemes”, “Ponzi schemes”, or “chain letters.” You may not use techniques to hide or obscure the source of any e-mail or other communications.
- NITCO reserves the right to suspend or delay delivery of email to Customer utilizing the NITCO email services and/or the virtual domain email if the volume of email being redirected, stored, or delivered on the Customer’s behalf is deemed excessive. Excessive traffic is defined as any amount of email that consumes more than 10MB of disk storage space per individual mailbox or any volume of email traffic that noticeably degrades performance on the server in question, in the sole discretion of NITCO. Stored mail exceeding these limits may be transferred to a compressed file at NITCO’s discretion. NITCO will attempt to notify the account holder via the account contact information on record; however NITCO reserves the right to delete the contents of such email boxes upon thirty (30) days after attempted notification.
- The Broadband Service may not be used to communicate or distribute e-mail or other forms of communications in violation of Section I of this AUP. As described below in Section III of this AUP, NITCO uses reasonable network management tools and techniques to protect customers from receiving spam and from sending spam (often without their knowledge over an infected computer).
- NITCO is not responsible for deleting or forwarding any e-mail sent to the wrong e-mail address by you or by someone else trying to send e-mail to you. NITCO is also not responsible for forwarding e-mail sent to any account that has been suspended or terminated. This e-mail will be returned to the sender, ignored, deleted, or stored temporarily at NITCO's sole discretion.
- In the event that NITCO believes in its sole discretion that any subscriber name, account name, or e-mail address (collectively, an “identifier”) on the Broadband Service may be used for, or is being used for, any misleading, fraudulent, or other improper or illegal purpose, NITCO (i) reserves the right to block access to and prevent the use of any of these identifiers and (ii) may at any time require any customer to change his or her identifier. In addition, NITCO may at any time reserve any identifiers on the Broadband Service for NITCO's own purposes. In the event that a Broadband Service account is terminated for any reason, all e-mail associated with that account (and any secondary accounts) will be permanently deleted as well.
Instant, Video, and Audio Messages
Each user is responsible for the contents of his or her instant, video, and audio messages and the consequences of any of these messages. NITCO assumes no responsibility for the timeliness, mis-delivery, deletion, or failure to store these messages. In the event that a Broadband Service account is terminated for any reason, all instant, video, and audio messages associated with that account (and any secondary accounts) will be permanently deleted as well.
Personal Web Pages and File Storage
You are solely responsible for any information that you or others publish or store on the any personal web page or in any storage files. You are also responsible for ensuring that all content made available through personal web pages is appropriate for those who may have access to it. For example, you must take appropriate precautions to prevent minors from receiving or accessing inappropriate content. NITCO reserves the right to remove, block, or refuse to post or store any information or materials, in whole or in part, that it, in its sole discretion, deems to be in violation of Section I of this AUP. For purposes of this AUP, “material” refers to all forms of communications including text, graphics (including photographs, illustrations, images, drawings, logos), executable programs and scripts, video recordings, and audio recordings.
- Email and Web-Hosting services
- Customer Obligations
Network Management and Limitations on Data Consumption
NITCO 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 best possible Broadband Internet experience by all of NITCO’s customers. The company uses reasonable network management practices that are consistent with industry standards. NITCO 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.
If NITCO didn’t manage its network, its customers would be subject to the negative effects of spam, viruses, security attacks, network congestion, and other risks and degradations of service. By engaging in responsible network management, including enforcement of this AUP, NITCO can deliver the best possible broadband Internet experience to all of its customers.
Please see NITCO’s Network Management Policy for more information.
Network Usage and Data Consumption Restrictions
You acknowledge that all of the NITCO Internet services are intended for periodic, active use of email, user newsgroups, transfers via FTP, Internet chat, Internet games, and browsing of the Internet. You must comply with all current bandwidth, data storage, and other limitations on the NITCO Internet services that have been established by NITCO and NITCO suppliers. You agree not to intentionally use the NITCO Internet service on a standby or inactive basis in order to maintain a connection. The excessive use or abuse of NITCO’s network resources by one Customer may have a negative impact on all other Customers. Accordingly, in addition to the Prohibited Uses and Activities provided in Section I, you may not use the NITCO Internet service or take any action, directly or indirectly, that will result in excessive consumption or utilization of the system or network resources, or which may weaken network performance, as determined in NITCO’s sole discretion. Such prohibited actions include, but are not limited to: using the NITCO Internet Services to host a web server site which attracts excessive traffic at your location, continuously uploading or downloading streaming video or audio, use net hosting, continuous FTP uploading or downloading, or acting in a manner that negatively effects other users’ ability to engage in real time exchanges and use of the NITCO Internet Services.
The Broadband Service is for personal and non-commercial residential use only. Therefore, NITCO reserves the right to suspend or terminate Broadband Service accounts where data consumption is not characteristic of a typical residential user of the Broadband Service as determined by NITCO in its sole discretion.
Common activities that may cause excessive data consumption in violation of this AUP include, but are not limited to, numerous or continuous bulk transfers of files and other high capacity traffic using (i) file transfer protocol (“FTP”), (ii) peer-to-peer applications, and (iii) newsgroups. You must also ensure that your use of the Broadband Service does not restrict, inhibit, interfere with, or degrade any other person's use of the Broadband Service, nor represent (as determined by NITCO in its sole discretion) an overly large burden on the network. In addition, you must ensure that your use of the Broadband Service does not limit or interfere with NITCO's ability to deliver and monitor the Broadband Service or any part of its network.
If you use the Broadband Service in violation of the restrictions referenced above, that is a violation of this AUP. In these cases, NITCO may, in its sole discretion, suspend or terminate your Broadband Service account or request that you subscribe to a version of the Broadband Service (such as a commercial grade Internet service, if appropriate) if you wish to continue to use the Broadband Service at higher data consumption levels. NITCO may also provide versions of the Broadband Service with different speed and data consumption limitations, among other characteristics, subject to applicable Broadband Service plans.
NITCO's determination of the data consumption for Broadband Service accounts is final.
- Network Usage and Data Consumption Restrictions
Violation of this Acceptable Use AUP
NITCO reserves the right to immediately suspend or terminate your Broadband Service account and terminate the Subscriber Agreement if you violate the terms of this AUP or the Subscriber Agreement.
NITCO does not routinely monitor the activity of individual Broadband Service accounts for violations of this AUP, except for determining aggregate data consumption in connection with the data consumption provisions of this AUP. However, in the company's efforts to promote good citizenship within the Internet community, it will respond appropriately if it becomes aware of inappropriate use of the Broadband Service. NITCO has no obligation to monitor the Broadband Service and/or the network. However, NITCO and its suppliers reserve the right at any time to monitor bandwidth, usage, transmissions, and content in order to, among other things, operate the Broadband Service; identify violations of this AUP; and/or protect the network, the Broadband Service and NITCO users.
NITCO prefers to inform customers of inappropriate activities and give them a reasonable period of time in which to take corrective action. NITCO also prefers to have customers directly resolve any disputes or disagreements they may have with others, whether customers or not, without NITCO's intervention. However, if the Broadband Service is used in a way that NITCO or its suppliers, in their sole discretion, believe violates this AUP, NITCO or its suppliers may take any responsive actions they deem appropriate under the circumstances with or without notice. These actions include, but are not limited to, temporary or permanent removal of content, cancellation of newsgroup posts, filtering of Internet transmissions, and the immediate suspension or termination of all or any portion of the Broadband Service (including but not limited to newsgroups). Neither NITCO nor its affiliates, suppliers, or agents will have any liability for any of these responsive actions. These actions are not NITCO's exclusive remedies and NITCO may take any other legal or technical actions it deems appropriate with or without notice.
NITCO reserves the right to investigate suspected violations of this AUP, including the gathering of information from the user or users involved and the complaining party, if any, and examination of material on NITCO's servers and network. During an investigation, NITCO may suspend the account or accounts involved and/or remove or block material that potentially violates this AUP. You expressly authorize and consent to NITCO and its suppliers cooperating with (i) law enforcement authorities in the investigation of suspected legal violations, and (ii) and system administrators at other Internet service providers or other network or computing facilities in order to enforce this AUP. Upon termination of your Broadband Service account, NITCO is authorized to delete any files, programs, data, e-mail and other messages associated with your account (and any secondary accounts).
The failure of NITCO or its suppliers to enforce this AUP, for whatever reason, shall not be construed as a waiver of any right to do so at any time. You agree that if any portion of this AUP is held invalid or unenforceable, that portion will be construed consistent with applicable law as nearly as possible, and the remaining portions will remain in full force and effect. You agree to indemnify, defend and hold harmless NITCO and its affiliates, suppliers, and agents against all claims and expenses (including reasonable attorney fees) resulting from any violation of this AUP. Your indemnification will survive any termination of the Subscriber Agreement.
Redress and Governing Law
Governing Law / Resolution of Disputes - Arbitration
Any dispute or claim between you, the Customer, and NITCO arising out of or relating to the service provided in connection with this Acceptable Use Policy or the Subscriber Agreement shall be resolved by arbitration (“Arbitration”), unless otherwise specified in Customer’s individual Subscriber Agreement. To the extent that there is a conflict regarding this Arbitration provision, the Customer’s individual Subscriber Agreement supersedes the Terms and Policies of the individual Services.
The arbitrator's decision shall follow the plain meaning of the relevant documents, and shall be final and binding. The parties agree that no arbitrator has the authority to: (i) award relief in excess of what the Subscriber Agreement provides; or (ii) award punitive or exemplary damages. Judgment on the award rendered by the arbitrators may be entered in any court having jurisdiction thereof. All claims shall be arbitrated individually and Customer will not bring, or join any class action of any kind in court or in arbitration or seek to consolidate or bring previously consolidated claims in Arbitration. CUSTOMER ACKNOWLEDGES THAT THIS ARBITRATION PROVISION CONSTITUTES A WAIVER OF ANY RIGHT TO A JURY TRIAL.
Governing Law / Resolution of Disputes - Governing Law
The Agreement and the relationship between you and NITCO shall be governed by the laws of the state of Indiana without regard to its conflict of law provisions. To the extent court action is initiated to enforce an arbitration award or for any other reason consistent with the Arbitration provision herein, you and NITCO agree to submit to the personal and exclusive jurisdiction of the courts located within the state of Indiana and waive any objection as to venue or inconvenient forum. The failure of NITCO to exercise or enforce any right or provision of this AUP or the Subscriber Agreement shall not constitute a waiver of such right or provision. If any provision of this AUP or the Subscriber Agreement is found by a court of competent jurisdiction to be invalid, the parties nevertheless agree that the court should endeavor to give effect to the parties’ intentions as reflected in the provision, and the other provisions of this AUP or the Subscriber Agreement remain in full force and effect. You agree that regardless of any statute or law to the contrary, any claim or cause of action arising out of or related to use of the service, this AUP or the Subscriber Agreement must be filed within one (1) year after such claim or cause of action arose or be forever barred.
- Governing Law / Resolution of Disputes - Arbitration
Copyright and Digital Millennium Copyright Act Requirements
NITCO is committed to complying with U.S. copyright and related laws, and requires all customers and users of the Broadband Service to comply with these laws. Accordingly, you may not store any material or content on, or disseminate any material or content over, the Broadband Service (or any part of the Broadband Service) in any manner that constitutes an infringement of third party intellectual property rights, including rights granted by U.S. copyright law. Owners of copyrighted works who believe that their rights under U.S. copyright law have been infringed may take advantage of certain provisions of the Digital Millennium Copyright Act of 1998 (the “DMCA”) to report alleged infringements. It is NITCO's policy in accordance with the DMCA and other applicable laws to reserve the right to terminate the Broadband Service provided to any customer or user who is either found to infringe third party copyright or other intellectual property rights, including repeat infringers, or who NITCO, in its sole discretion, believes is infringing these rights. NITCO may terminate the Broadband Service at any time with or without notice for any affected customer or user.
Northwestern Indiana Telephone Company and FBN, Inc d/b/a NITCO (or Company) provides this Policy in order to disclose its network management practices in accordance with the FCC’s Open Internet Rules. Additional information about NITCO’s other policies and practices concerning broadband service are also available under the NITCO Company Policy Section of the website.
NITCO manages its network to ensure that all of its customers have access to a safe and secure broadband Internet environment that is fast, reliable and affordable. NITCO wants its customers to enjoy all that the Internet has to offer, whether it is social networking, streaming videos and music, or communicating through email and video conferencing.
NITCO’s network management includes performance optimization as well as congestion and security-protocol-management. Such practices are consistent with reasonable network management actions and are intended to improve the overall service performance for customers.
NITCO’s Network Management Practices
NITCO uses various tools and industry standard techniques to manage its network and deliver fast, secure and reliable Internet service. Such management tools and practices include the following:
NITCO monitors the connections on its network in the aggregate to determine the network’s utilization rate. NITCO engineers its network to meet customers’ traffic requirements. If there is congestion in the network, NITCO either reroutes internet traffic to alternate facilities or adds network capacity. NITCO may take into consideration real time and non-real time applications in its network management practices to help insure a favorable customer experience. NITCO may also increase capacity by upgrading to ADSL2+ or VDSL, adding transport, adding Internet aggregation routers and adding bandwidth.
On NITCO’s network, all customers have online access to all legal services, applications and content. In the event of network congestion, most Internet activities will be unaffected. Some customers, however, may experience longer download or upload times, or slower surf speeds on the web if instances of congestion occur.
Customers acting in ways that abuse or threaten the NITCO network or violate the Company’s Acceptable Use Policy, Internet Service Terms and Conditions, or the Internet Service Agreement will be asked to stop any such actions immediately. A failure to respond to NITCO or to cease any such conduct could result in service suspension or termination.
NITCO’s network and congestion management practices are service application-agnostic, based on current network conditions, and are not implemented on the basis of customers’ online activities, protocols or applications. NITCO’s network management practices do not relate to any particular customer’s aggregate monthly data usage. NITCO does not prioritize or discriminate against any applications or protocols except for specialized networks.
NITCO understands the importance of securing its network and protecting its customers from network threats and annoyances. The Company promotes the security of its network and customers by providing resources to its customers for identifying and reporting threats such as spam, viruses, firewall issues, and phishing schemes. NITCO also deploys spam filters in order to divert spam from an online customer’s email inbox while allowing the customer to control which emails are identified as spam. Spam is quarantined in a separate file that the Customer may access. Email in such file will be automatically deleted if not accessed.
As a normal practice, NITCO does not block any protocols, content or traffic for purposes of network management except that the Company may block or limit such traffic as spam, viruses, malware, and deny service attacks to protect network integrity and the security of NITCO customers. NITCO filters ports to reduce the spread of computer-related viruses and protect personal computers from intruder access. If NITCO suspects traffic originated by a customer is virus related, NITCO will contact the suspected party. If there is no response from the customer, the customer’s service will be suspended until the issue can be resolved.
NITCO does not currently engage in any application-specific behaviors on its network, except as maybe listed in the Specialized Service section of this policy.
NITCO monitors its network for performance. Alarms or alerts are generated if network performance is degraded. In addition, traffic is analyzed and trended to insure peak performance. NITCO adds capacity or reroutes traffic to relieve congestion when identified. NITCO uses industry standard software tools to check for abnormal traffic flows, network security breaches, malware, and other elements that may damage the network. If a breach is detected or high volume users are identified, NITCO provides notification to the customer by either email or telephone. If a violation of NITCO’s policies has occurred and such violation is not remedied by the customer, NITCO will suspend or terminate the customer’s service.
Network Management Technology
NITCO employs a variety of industry-standard tools, applications and devices to monitor, secure and maintain its network, including the following:
- network graphing solutions
- latency measurement software
- bandwidth and performance measurement platforms
NITCO offers broadband service over Digital Subscriber Loops (DSL), fixed wireless, WiMax and Ethernet facilities. Due to the differences in technology, not all service tiers and bandwidth options are available to every customer. NITCO offers data several service tiers ranging from 1 M to 50 M. Details of the service offering can be found under the Wireless, DSL, and Broadband, sections of the website.
There are no usage charges for broadband services. The terms and conditions for broadband and internet services are posted on the NITCO website.
All of NITCO’s broadband services are capable of supporting real time applications except for the 1 M wireless offering.
NITCO’s broadband services are provisioned as “best effort”. NITCO makes every effort to support advertised speeds and will perform speed tests as needed to troubleshoot and resolve speed and application performance issues that exist on the Company’s network. However, customers should note that advertised speeds do include some network overhead. NITCO measures availability, latency, and aggregate utilization on the network and strives to meet internal service level targets in its network. However, the customer’s connection performance is affected by the particular website being accessed, capacity in the public internet beyond the NITCO network and the customer’s computer, inside wiring, wireless router, and other customer-owned equipment.
NITCO is in the process of developing additional systems/processes that will allow us to measure the performance of the NITCO controlled network compared to advertised speeds. Once these systems are developed, NITCO will disclose the results on its website.
NITCO provides Voice over Internet Protocol (VoIP) services to end users using virtual private network architecture. This service, also known as a Specialized Service, is separated from the company’s best effort Internet services on the Local network. Specialized Service traffic is shared and prioritized higher than best effort broadband traffic in the network core. NITCO has not found that this specialized service has any significant impact on the quality of the best efforts services.
Device Attachment Rules
NITCO provides modems as part of its broadband services. Customers may attach any industry standard device beyond the modem. If NITCO discovers a customer device is harmful to its network, NITCO has the right to request that the customer remove such device.
For questions, complaints or requests for additional information, please contact NITCO at (219) 996-2981 or Contact Us.
NITCO DISCLAIMS ANY AND ALL WARRANTIES, WHETHER EXPRESSED OR IMPLIED, WITH RESPECT TO INTERNET ACCESS PRODUCT PROVIDED BY NETNITCO, INCLUDING ANY WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE. NITCO SPECIFICALLY DISCLAIMS ANY WARRANTY, WHETHER EXPRESSED OR IMPLIED, WITH RESPECT TO THE TIME IN WHICH IT WILL TAKE THE CUSTOMER TO GAIN ACCESS TO THE INTERNET THROUGH THE NETNITCO INTERNET PRODUCT (HEREINAFTER REFERRED TO AS THE "PRODUCT" OR "SERVICE"). THE CUSTOMER IS HEREBY ADVISED THAT HE/SHE MAY RECEIVE A BUSY SIGNAL WHEN ATTEMPTING TO GAIN ACCESS TO THE INTERNET USING NETNITCO'S PRODUCT. NETNITCO AND NITCO SHALL HAVE NO RESPONSIBILITY WITH RESPECT TO NETNITCO'S INTERNET PRODUCT FOR CONSEQUENTIAL, EXEMPLARY, OR INCIDENTAL DAMAGES, EVEN IF THEY HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OF GOOD WILL, WORK STOPPAGE, COMPUTER FAILURE OR MALFUNCTION, LOSS OF PROFITS, OR ANY AND ALL OTHER DAMAGES OR LOSSES. THE CUSTOMER ACKNOWLEDGES THAT BY ACCEPTING NETNITCO'S SOFTWARE AND USING NETNITCO'S INTERNET PRODUCT, HE/SHE IS AGREEING TO BE BOUND BY THE TERMS OF THIS EXPRESS DISCLAIMER OF WARRANTY.
Please contact us if you have more questions