NITCO COMPANY POLICIES
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.
We do try to be as proficient in the most common utilities as possible and give tips to our users. We cannot, however, afford to educate all our users on the Internet and how to get their software running. We then would have to raise our rates to support a full-time research team as well as having all the types of Operating Systems and software at our site and a full-time education staff. These pages are our attempt at providing a fast and easy way to get help on your applications. If you cannot find what you need here, you may need to contact the software or hardware manufacturer or search for other resources on the Internet.
We want to help our users, but we cannot dedicate 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 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 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.
TERMS OF SERVICE
RESIDENTIAL TERMS OF SERVICE
These Residential Terms of Service (together with any other parts of Your agreement with NITCO as described herein, the “Agreement”) are between You, as the customer (“You”, “Your”, or “Customer”) and The Northwestern Indiana Telephone Company Inc. (“NITCO”, “We”, “Us”, or “Our”) and set forth the terms and conditions under which You agree to use, and we agree to provide Services, which may include Voice Telephone Services, Broadband Internet and Data Services (FIOS, DSL, or Wireless), Television Services (including Internet protocol television services through NITCO TV), and any other services that NITCO may from time to time offer (hereinafter referred to, individually or collectively, as “Service” or “Services”). Your first billing statement from NITCO will contain a description of the Services that You have purchased from NITCO, and the terms and conditions expressed in this Agreement shall govern all Services described in that billing statement.
You and NITCO agree that the terms and conditions contained in this Agreement, together with all service orders and other documents executed by You and NITCO, all of which are hereby expressly incorporated by reference into this Agreement and their accompanying addenda, constitute the Agreement between You and NITCO for the use of Services selected by You and provided by NITCO. However, if you have previously entered into a Residential Service Agreement with NITCO, the terms and conditions of this Agreement shall replace and take precedence over the terms of any other agreement. If the terms of any other agreement between you and NITCO conflict with the terms of this Agreement, this Agreement will control.
The terms, provisions, and conditions set forth in Sections 1 through 6, together with Sections 10 and 11, of this Agreement are applicable to all Services. Section 7 contains terms, provisions, and conditions that are applicable only to NITCO Voice Telephone Services and, which, if ordered by Customer or provided by NITCO, shall govern the provision of, and payment for, such Services. Section 8 contains terms, provisions, and conditions that are applicable only to NITCO Broadband Internet and Data Services, which, if ordered by Customer or provided by NITCO, shall govern the provision of, and payment for, such Services. Section 9 contains terms, provisions, and conditions which are applicable only to NITCO Television Services, which, if ordered by Customer or provided by NITCO, shall govern the provision of, and payment for, such Services.
GENERAL TERMS AND CONDITIONS
- Acceptance of Agreement. You will have accepted this Agreement and be bound by its terms and conditions by initiating or continuing Your use of the Services.
- Commencement Date. You agree that the term of the Agreement begins on the date of Service installation (the “Service Commencement Date”) and continues for the duration described in your first billing statement. At the expiration of this term, this Agreement may automatically renew or may carry forward on a month-to-month basis unless it is terminated by You or NITCO by giving proper notice as described in this Agreement.
- Responsibilities for Use and Security. You are responsible for all use of Your Service and account, whether by You or someone using Your account, with or without Your permission, including all secondary or sub-accounts associated with Your primary account. You are responsible for securing Your telephone and computer equipment against fraudulent activities and unauthorized use, and You agree to assume all risk and financial responsibility and obligation associated with fees and charges which may be incurred because of fraudulent or unauthorized activities. You agree to comply with all applicable laws, regulations, and rules regarding the use of the Service.
- Purpose of Services. The Services are provided for Your personal use and the use of the members of your household, for non-commercial uses only. You may not resell, re-provision, or rent the Service to other individuals or entities (either for a fee or without charge).
- Lawful Purposes Only. You may use NITCO Service for lawful purposes only. You may not use the Services for any illegal or fraudulent activity.
- Notices. All notices and communication from You to NITCO, including any notice of non-renewal or notice of termination of any Service, shall be delivered in writing via U.S. Mail or Common Carrier to: The Northwestern Indiana Telephone Company Inc., 205 N. Washington St., Hebron, IN 46341. All notices from NITCO to You shall be delivered in writing to You at the address where the Service is provided or any mailing or email address to which You have directed NITCO to deliver invoices or other communications. If You relocate or wish to change or correct the address where NITCO sends such invoices and communications, you must notify NITCO within fifteen (15) days of the date when you would like to begin receiving notices at the new or corrected address. NITCO accepts no responsibility if you fail to receive invoices, communications, or other notices due to your failure to timely notify NITCO of a change in address.
CHARGES AND BILLINGS
- Charges, Fees and Taxes. You agree to pay all charges associated with the Services as invoiced by NITCO. Invoices are due upon receipt. Charges may include, but are not limited to, installation charges, monthly service charges, toll charges, technician service call charges, equipment charges, applicable federal, states and local taxes and fees, regulatory recovery fees imposed upon NITCO including municipal, state, or federal government assessed fees or surcharges, early termination charges, if applicable, and late fees if applicable. You agree to pay any or all taxes and or government-mandated fees that may be assessed retroactively. You agree that all fees and charges begin on the Service Commencement Date. Unless otherwise agreed by NITCO, all fees shall be paid by credit card.
- Termination of Agreement and Default.
- Termination by NITCO.
- Due to Customer Default. NITCO may terminate this Agreement if You fail to make any payment when due or You fail to comply with any other term or condition of this Agreement. In such a case, NITCO may terminate this Agreement by giving You ten (10) days prior written notice of its intent to terminate if You do not remedy the default. If the default is not remedied:
- NITCO shall have the right to terminate this Agreement, and NITCO may terminate the Services provided under this Agreement and shall be relieved from any further responsibility or liability under this Agreement.
- Immediately upon NITCO’s termination of this Agreement, you shall return all Equipment to NITCO.
- All payments due at the time of termination by NITCO shall become immediately due and payable, and all subscriber fees already paid to NITCO shall be kept by NITCO as liquidated damages to NITCO.
- In addition to all other remedies, NITCO shall be entitled to all remedies available against You at law or in equity.
- Customer accounts in default are subject to an interest charge of 1.0% per month or the maximum allowable rate for prejudgment interest under state law.You shall pay NITCO its reasonable expenses, including attorney and collection agency fees, incurred in enforcing its rights under this Agreement.
- Termination by Customer. You may terminate this Agreement by submitting a written request for termination (via fax or U.S. Mail) to NITCO at the address listed in this Agreement. Any Agreement terminated under this provision shall be subject to a termination fee, which shall equal the monthly service fee multiplied by the number of months remaining in the term of this Agreement, and reimbursement for installation costs based on the remaining term of the contract. In the event of termination under this provision by You, all amounts remaining due and owing to NITCO, including the aforesaid termination fee, shall be due within thirty (30) days of termination. Accounts not paid within thirty (30) days of termination shall be deemed delinquent. Verbal requests to terminate month-to-month service received by NITCO prior to the close of business on the fifteenth (15th) day of the month shall have a termination date of the first day of the month following the receipt of the termination request. Termination requests received by NITCO after close of business on the fifteenth (15th) day of the month through the end of that month shall have a termination date of the first day of the second month following the date of receipt. In the event of termination under this provision by a Customer, all amounts remaining due and owing to NITCO, including the aforesaid termination fee, shall be due within thirty (30) days of termination. Accounts not paid within thirty (30) days of termination shall be deemed delinquent.
- Termination by NITCO.
- Billing Disputes and Inquiries. If You dispute a NITCO invoice or request an invoice credit, or if You believe there to be any disagreement between NITCO and You pertaining to any amount You owe to NITCO, you must contact us within ninety (15) days of the date of such invoice or upon Your discovery of such disagreement. Any such disputes shall be delivered to NITCO in writing. You agree to waive any disputes or credits that You do not report within ninety (15) days of Your receipt of the invoice. If You dispute a portion of Your invoice, you agree to pay any undisputed portion of Your invoice fully and promptly.
ACCESS TO YOUR PREMISES, REPAIR AND NITCO/CUSTOMER RESPONSIBILITIES
- Access. You agree to allow us and/or our agents to enter Your property at which the Service and Company Equipment will be provided for the purpose of installing, configuring, maintaining, upgrading, repairing, replacing, or removing the Company Equipment or Service. You warrant that You are the owner of the premises or that You have the authority to provide us access to the premises. At all times during the term of this Agreement, you represent to NITCO that NITCO will provide its Services by way of accessing, using, and installing NITCO’s equipment upon only property owned and controlled by You, and You have not requested or required NITCO to enter upon, access, or use property not owned and controlled by You.
- Company Equipment. The term “Company Equipment” means any hardware, antenna, router, gateway, wiring, or other device installed by us at Your premises to enable the Services to function. You agree that Company Equipment shall always remain the property of NITCO, including after the termination or expiration of this Agreement. You agree that Company Equipment installed at Your Premises shall be used only to render the Service under this Agreement. You agree you will not tamper with Company Equipment or attempt to move or maintain the equipment, and You will not allow any third parties to do so. You agree that You will not attach anything to Company Equipment that impairs the integrity of our network or degrades the network’s strength or signal quality. At Your request, we may relocate the Company Equipment to Your premises for an additional charge, and at a time agreeable to You and us. You agree to either return Company Equipment to us or to allow us access to the premises to remove Company Equipment upon the termination of Services, and You agree to compensate us at our replacement cost if our access to the premises is refused for the purpose of removing Company Equipment or if You fail to return any Company Equipment within ten (10) business days from the date the Services are terminated. In addition, if any Company Equipment is stolen or damaged while in Your possession, you agree to pay its replacement cost. We recommend the Company Equipment we install at Your premises be covered by Your insurance policy; however, in any event resulting in damaged, lost, or stolen Company Equipment, it is solely Your responsibility to compensate us directly, at our replacement cost, whether Company Equipment was covered by insurance or not, and whether reimbursed by Your insurance company or not.
- Customer Equipment. NITCO shall have no obligation to install, maintain, or repair any Customer-owned or Customer provided equipment. You shall be solely responsible for providing the maintenance, repair, operation, and replacement of all inside wiring of any kind, including, but not limited to, telephone, CATV coaxial, CAT5, CAT6, and ethernet; as well as Your router; computer equipment; and all other facilities owned and controlled by You.
- Service Calls. In the event of a Service affecting matter whereby Services do not function according to reasonable expectations, you may reach NITCO support services at 219-996-7000. If, upon remote diagnosis, we can determine that the network signal and Company Equipment are properly functioning, we will recommend that You diagnose and repair or restore Your own computer equipment, Your telephone equipment, and your internal wiring. If You request that a NITCO technician, come to Your premises to diagnose the problem in person, and if the NITCO technician is unable to reproduce the issue directly from NITCO equipment, then service technician charges will be assessed to You for dispatch. If the NITCO technician can reproduce or replicate the problem and identify its source, and the NITCO technician determines that the problem is caused by NITCO or Company Equipment, then NITCO will be responsible for the repair of Services at NITCO’s expense.
- NITCO’s Responsibility. Our responsibility for the function of Service ends at the point of NITCO’s network interface, which may be a NITCO analog to telephone adapter, NITCO router, ISDN PRI Interface Port, or Ethernet Interface Port. If Services are effectively functioning up to the point of the NITCO network interface, then the NITCO Service is deemed to be functional and working properly in accordance with this Agreement. If NITCO Service is functional up to the point of our network interface, but You are unable to access the internet or make telephone calls, NITCO recommends You repair Your internal equipment. NITCO does not work on or repair Customer-owned equipment unless such equipment was originally sold and installed by NITCO.
- Inside Wiring. You may install wiring inside Your premises (“Inside Wiring”), such as additional cable wiring and outlets, provided it does not interfere with the normal operations of our network. If You have us install Inside Wiring, we will charge You for that Service. Regardless of who installed it, we consider the Inside Wiring Your property. If You have us repair or maintain the Inside Wiring, we will charge You for that service.
DISCLAIMER OF WARRANTY AND SERVICE LIMITATIONS
- No Warranty. You understand that Services under this Agreement are provided “as is” and without warranty, whether express or implied, except as expressly provided otherwise in this Agreement. You agree that Your use of the Services under this Agreement is at Your sole risk, and You have not relied on any statements or representations made by NITCO other than those contained in this Agreement. Neither NITCO nor its affiliates, suppliers, employees, or agents represent or warrant that the Equipment or the Services will provide uninterrupted use, meet Your needs, or operate error-free.
- Not Failsafe. You understand and agree that Services under this Agreement are not failsafe and are not designed or intended for any uses that require failsafe performance or for which any error or interruption of Services could lead to injury to persons or property.
- Power Outages. You understand and agree that, if there is an electrical power outage at Your premises or to the NITCO network in Your area, the Services will cease to function during the outage. Such outages may be beyond the control of NITCO, and NITCO will not provide or be responsible to provide the Services during any such power outage not caused by NITCO. However, if You have lost power from the utility, but have generator services, assuming the generator operates properly and is configured to NITCO’s specifications and standards, the Services will continue to function if electric power is available to the system. NITCO makes no representation, warranty, or guarantee that any cutover or transition to temporary power sources will be free from interruption of any Service or will allow for the continuation of any Service. To the extent You will rely on any temporary power generation equipment, you will provide NITCO with the information and specifications necessary to allow NITCO to advise You on the preferred configuration of such equipment, particularly as it pertains to the electrical power connections between permanent distribution grids and temporary generation equipment and battery systems.
- Limitation of Liability. You agree that NITCO shall not be liable for any loss, liability, inconvenience, or damage resulting from any interruption of Service under this Agreement, whether directly or indirectly caused by, or whether resulting from the failure of any radio signal, failure of any equipment, failure of any fiber optic transmission circuit, failure of any third party service suppliers to NITCO, failure of any utility facilities, strike, labor dispute, riot or insurrection, malicious mischief, war, explosion, fire, flood, earthquake, wind, tornado, ice, extreme weather conditions or other acts of God, failure or reduction of power, or any court order, act or order of government restricting or prohibiting the operation or delivery of the Service. In all other cases of an interruption of the Service, you shall be entitled upon request made within thirty (30) days of such interruption, to a prorated credit for the period of any Service interruption. Such credit shall not exceed the fixed monthly charges for the month of Service interruption and excludes non-recurring charges, one-time charges, regulatory fees or surcharges or other government-imposed fees. Except and as otherwise prohibited by law, such credit shall be Your sole and exclusive remedy for an interruption of service.
- Disclaimer of Warranties. There are no warranties, either express or implied, associated with the Service provided by NITCO, including without limitation any implied warranty of merchantability and/or fitness for a particular purpose. All such warranties are hereby disclaimed to the extent allowed by law. Without limiting the generality of the foregoing, NITCO does not warrant that the services and/or company equipment will operate uninterrupted, will be error-free or that the services will meet Your needs, or that the Services, NITCO equipment, or licensed software will prevent unauthorized access by third parties.
- No Consequential Damages. You agree that in no event shall NITCO, its agents, suppliers, or contractors be liable for any loss, damage, or claim arising from or related to (1) stored, transmitted, or recorded data, files, or software; (2) any act or omission of the customer, its users, or third parties; (3) any lack of operability or interconnection of NITCO Services with applications, equipment, services, or networks provided by any third parties or the customer; or (4) loss or destruction of any customer hardware, software, files or data resulting from any viruses, computer worms, malware, or intrusion into Your computer network.
- No Special Damages; Further Limitations. Except as specifically provided in this agreement, neither NITCO nor its affiliates, suppliers, employees, agents, contractors, distributors, licensors or business partners shall under any circumstances or under any legal theory (including, but not limited to, trespass, conversion, tort or contract) have any liability to You or to any other person or entity for the following losses, damages, or costs: (1) any direct, indirect, incidental, special, treble, punitive, exemplary, or consequential losses or damages (including, but not limited to, loss of earnings, loss of business opportunities, personal injuries, or death) that result directly or indirectly from or in connection with (a) Your reliance on or use of Company Equipment or Service(s); (b) the installation, self-installation, maintenance, failure, or removal of the Service(s) (including, but not limited to, any mistakes, omissions, interruptions, computer or other hardware or software breach, failures or malfunctions, deletion or corruption of files, errors, defects, delays in operation, delays in transmission, or failure of performance of the Service(s), the NITCO equipment, or the customer equipment, or any other mistakes, omissions, loss of call detail, email, voicemail, or other information or data); (c) the use of NITCO equipment or customer equipment to provide the Services, including, but not limited to, damages resulting from others accessing Your equipment, our network, or the contents of Your transmissions made through the Service(s), or Your use of file sharing, print sharing, or other capabilities that allow others to gain access to Your computer network.
The parties agree to indemnify and hold each other harmless including officers, directors, employees, stockholders, partners, principals, providers, representatives, and contractors against and from and against any and all claims, damages, losses, liabilities, judgments, expenses, fines, and settlements, including, but not limited to, indirect and consequential damages, attorney’s fees, and expenses, that the party may sustain or incur by reason of the use or misuse of the Services or the use or misuse of the Services by anyone else through Your account including, but not limited to, use or misuse of the Services (i) in violation of applicable laws or regulations or the terms of this Agreement; (ii) in connection with any claims for infringement of any intellectual property rights arising from or in connection with such use or misuse; or (iii) in any manner that harms any person or results in the personal injury or death of any person or in damage to or loss of any tangible or intangible property (including data). DISPUTE RESOLUTION
Jurisdiction and Venue. You and NITCO specifically acknowledge and agree that the sole and exclusive venue for any lawsuit filed because of a dispute related to this Agreement shall be the Circuit or Superior Courts for Porter County, Indiana. Such courts shall have exclusive personal jurisdiction with respect to both You and NITCO. Each party agrees to indemnify and hold harmless the other party from any claim, demand, action, damage, or expense (including its attorneys’ fees and other dispute resolution expenses) arising out of such party’s performance under this Agreement; Your use of the Services; and the use of any Services by, and the acts and omissions of, each party’s clients, customers, representatives, employees, members, and directors. Each party shall also be entitled to recover from the other party its reasonable attorney’s fees, and costs which it incurs in successfully prosecuting or defending any claim or dispute against the other Party. Notice and Opportunity to Cure. Neither party shall be in material default under this Agreement unless such party’s breach continues un-remedied for a period of sixty (60) days following receipt of written notice from the non-breaching party. If the breach by its nature cannot be cured within sixty (60) days and the breaching party within that time has commenced its cure, there shall be no default as long as the party diligently continues such cure to completion.
ADDITIONAL PROVISIONS APPLICABLE TO NITCO VOICE
Description of Services. Your first billing statement will show the Voice Telephone Services selected by You and provided by Us. Service Pricing. Service pricing for any NITCO Voice Telephone Services that You have selected for the applicable contract term, or month-to-month term will appear on your billing statements. Service pricing will also be available online at NITCO.com. Service pricing is subject to change. Service Pricing for International Calling is an optional Service offered to Customers who have signed an International Calling Addendum; rates for certain International Calling destinations can be found at on our site. Service pricing for miscellaneous charges, including directory service, operator service, and local features, shall be found at NITCO.com. Federal Subscriber Line Charge or Federal Access Charges, where applicable, shall mirror the charges assessed by the incumbent local exchange carrier. More information about reading your bill can be found at NITCO.com. Certain government-imposed or mandated charges and fees will be added to and made a part of your bill. Additional information about federal, state, and local fees, taxes, and surcharges can be found at https://www.fcc.gov/guides/understanding-your-telephone-bill. E911 Service. E911 may function differently for NITCO Voice Service than E911 services furnished by other providers. YOU ACKNOWLEDGE AND ACCEPT ANY LIMITATIONS OF 911/E911 SERVICE ASSOCIATED WITH YOUR USE OF NITCO VOICE SERVICES. YOU AGREE TO CONVEY THESE LIMITATIONS TO ALL PERSONS WHO MAY HAVE OCCASION TO PLACE CALLS OVER NITCO SERVICES. Correct Address. You must provide Your correct address for 911/E911 calls to be properly directed to emergency services. Service Interruptions. You understand and accept that NITCO Voice Services cannot function if there is an electrical power outage, and that 911 calling may not be functional in this situation. If You have a battery backup, 911 calling may not be functional if the battery backup fails if the Company Equipment locks up due to power failure. In addition, you understand and accept that calls, including calls to E911, may not be completed if there is a problem with network equipment and facilities, network or equipment power failure, or other technical problem. Limitation of Liability and Indemnification. You acknowledge and agree that NITCO will not be liable for any service outage, inability to dial 911 using the service, and/or inability to access emergency service personnel using the service. You agree to defend, indemnify, and hold harmless NITCO and its affiliates, employees, suppliers, or agents from all claims, losses, damages, costs, and expenses (including but not limited to, reasonable attorney’s fees) by, or on behalf of, You or any third party or user of services relating to the failure or outage of the services including those related to 911/E911. Directory Listings. IF WE MAKE AVAILABLE AN OPTION TO LIST YOUR NAME, ADDRESS, AND/OR TELEPHONE NUMBER IN A PUBLISHED DIRECTORY (WHETHER IN PRINT OR ONLINE) OR DIRECTORY ASSISTANCE DATABASE AND ONE OR MORE OF THE FOLLOWING CONDITIONS OCCURS: (1) YOU REQUEST THAT YOUR NAME, ADDRESS AND/OR PHONE NUMBER BE OMITTED FROM A DIRECTORY OR DIRECTORY ASSISTANCE DATABASE, BUT THAT INFORMATION IS INCLUDED IN EITHER OR BOTH; (2) YOU REQUEST THAT YOUR NAME, ADDRESS AND/OR PHONE NUMBER BE INCLUDED IN A DIRECTORY OR DIRECTORY ASSISTANCE DATABASE, BUT THAT INFORMATION IS OMITTED FROM EITHER OR BOTH; OR (3) THE PUBLISHED OR LISTED INFORMATION FOR YOUR ACCOUNT CONTAINS MATERIAL ERRORS OR OMISSIONS, THEN THE AGGREGATE LIABILITY OF NITCO AND ITS AFFILIATES, SUPPLIERS OR AGENTS SHALL NOT EXCEED THE MONTHLY CHARGES, IF ANY, WHICH YOU HAVE ACTUALLY PAID TO US TO LIST, PUBLISH, NOT LIST, OR NOT PUBLISH THE INFORMATION FOR THE AFFECTED PERIOD. YOU SHALL HOLD US HARMLESS AND ANY AFFILIATES, SUPPLIERS, OR AGENTS AGAINST ANY AND ALL CLAIMS FOR DAMAGES CAUSED OR CLAIMED TO HAVE BEEN CAUSED, DIRECTLY OR INDIRECTLY, BY THE ERRORS AND OMISSIONS REFERENCED ABOVE. Port Freeze/Carrier Freeze. NITCO can prevent Your phone service from being switched without Your consent. By adding a port freeze/carrier freeze on Your account, any attempt made to change Your service from NITCO to a new carrier will be stopped. If You have added a port freeze/carrier freeze to Your account and You wish to change to a new phone service provider, the freeze can only be lifted by You either by written or oral authorization. The authorization required for the lifting of the port freeze/carrier freeze is in addition to the regular verification process required to change to a different telephone service provider. The written authorization must be signed and state Your intent to lift the freeze. It should also include Your billing name and address and each telephone number to be affected. The oral authorization can be initiated by You or can be a three-way conference call with You, the carrier to which You wish to switch, and one of Our service representatives. To comply with FCC regulations (47 CFR §64.1190), NITCO is required to obtain your authorization prior to placing this method of prevention on Your account. NITCO has or will, upon request, provide the necessary authorization forms if you would like to institute a port freeze/carrier freeze on one or more telephone numbers associated with your account.
ADDITIONAL PROVISIONS APPLICABLE TO NITCO BROADBAND
INTERNET AND DATA SERVICES
Description of Services. Your first billing statement will show the Broadband Internet and Data Services selected by You and provided by Us. Service Pricing: Service pricing for any NITCO Broadband Internet and Data Services that You have selected for the applicable contract term, or month-to-month term will appear on your billing statements. Service pricing will also be available online at NITCO.com. Service pricing is subject to change. Speed. If You have selected “Non-SLA Service” or non-guaranteed Internet Access Service, you agree that NITCO bandwidth is provided without a written service level agreement for bandwidth, latency, packet loss, jitter, Service availability, and mean time to repair. Under “Non-SLA” or non-guaranteed Internet Access Service, you acknowledge that NITCO does not guarantee any speed or amount of bandwidth will be continuously available to You, and You agree and understand that your actual speeds may vary depending on various factors including the number of simultaneous users connected to the network at any given point in time. If You have selected “SLA”, or guaranteed Internet Access Service, NITCO will provide a written guarantee for bandwidth, latency, packet performance and mean time to repair, subject to a NITCO Service Level Agreement which, together with this Agreement and any amendments and addenda shall, collectively, form the agreement between NITCO and You. NITCO reserves the right to modify the SLA from time to time. Acceptable Use Policy. The Acceptable Use Policy (“AUP”) governs the use of NITCO Internet Services and is posted at NITCO.com (or an alternative website if we so notify You). You agree Your use of the Service is conditioned upon adherence to the AUP and You agree to comply with its terms and conditions. You further agree NITCO may modify the AUP or other policies from time to time. Notwithstanding anything to the contrary in this Agreement, YOU ACKNOWLEDGE AND AGREE THAT THE TERMS OF THE AUP MAY BE REVISED FROM TIME TO TIME WITH OR WITHOUT NOTICE BY POSTING A NEW VERSION OF THE AUP OR POLICY AS SET FORTH ABOVE. Static IP Addresses. Any Static IP Addresses assigned to a Customer for the purpose of delivering Data Services under this Agreement shall belong to us and may be reclaimed by us upon the termination of Services. We will provide one or more static IP addresses to You for each separate Data Service that You subscribe to at an additional cost to You.
This Agreement and the Service(s) furnished hereunder may not be assigned by You, except that it may be assigned to a purchaser of Your business. You agree to notify us immediately of any changes of ownership or occupancy of the premises. We may assign our rights and obligations under this Agreement with or without notice to You.
AGREEMENT SCOPE AND SEVERABILITY
Entire Agreement. This Agreement and any other documents incorporated by reference herein constitute the entire agreement between You and us and shall replace any prior written or verbal agreements. If any portion of the Agreement is unenforceable, the unenforceable portion shall be construed in accordance with applicable law as nearly as possible to reflect the original intentions of both parties to this Agreement, and the remainder of the provisions shall remain in full force and effect. Severability. If any clause or section of this Agreement is found to be illegal or unenforceable, that clause will be severed from this Agreement, and the remainder of the Agreement shall be given full force and effect.
- 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, 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 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 customers, 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.
- Browsing our site
- How do we collect information from you?
NITCO uses your information in connection with delivering its products and services to you. NITCO may also use the information supplied 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 to make improvements to the present and future versions of the individual service.
NITCO may use the 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, answer surveys, and submit 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.
ACCEPTABLE USE POLICY (AUP)
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”). 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 website 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, firstname.lastname@example.org 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 disrupt 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 another 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.
- Technical Restrictions
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 webhosting, 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 backup 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 Premise’s 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
- Customer Obligations
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, botnets, and other methods of intrusion.
- NITCO’s Rights
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.
- Service Restrictions
All 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 emails. 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 within 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 an e-mail to you. NITCO is also not responsible for forwarding e-mails 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 another 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. If 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. If 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 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, and 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 its customers. But high-speed bandwidth and network resources are not unlimited. Managing the network is essential for the promotion of the best possible Broadband Internet experience by all 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 its customers.
- Network Usage and Data Consumption Restrictions
You acknowledge that all 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 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 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 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 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 more than 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. THE 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 the 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.
NETWORK MANAGMENT POLICY
Northwestern Indiana Telephone Company and FBN, Inc d/b/a NITCO (or Company) provides this Policy 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 is also available under the NITCO Company Policy Section of the website.
NITCO manages its network to ensure that all 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 does not block or throttle access to lawful internet content and does not offer preferential treatment via paid or affiliated prioritization.
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:
- Managing Congestion
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 helping ensure 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 because of customers’ online activities, protocols, or applications. NITCO’s network management practices do not relate to any customer’s aggregate monthly data usage. NITCO does not prioritize or discriminate against any applications or protocols except for specialized networks.
- Network Security
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 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 files 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, and 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 may be listed in the Specialized Service section of this policy.
- Monitoring Schedule
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
- Service Descriptions
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 in 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 offer.
- Network Performance
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 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.
- Specialized Services
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.
DISCLAIMER OF WARRANTY
NITCO DISCLAIMS ANY AND ALL WARRANTIES, WHETHER EXPRESSED OR IMPLIED, WITH RESPECT TO INTERNET ACCESS PRODUCTS 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.