PRIVACY POLICY
NORTHCENTRAL CONNECT PRIVACY POLICY
Northcentral Connect. (“Northcentral Connect” or “Company”) are committed to protecting customers’ privacy. Please review this Privacy Policy to better understand how Northcentral Connect collects information, how that information is used, and your options as to the collection and use of information. This Privacy Policy is applicable to Northcentral Connects customers and to visitors of Northcentral Connects website and is intended to provide information regarding Northcentral Connects methods for collection and use of information.
What types of information does Northcentral Connect collect?
Whether you are communicating with Northcentral Connect or using a Northcentral Connect service, Northcentral Connect 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 email 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?
Northcentral Connect may collect information from you through communications such as the web, phone, email, mail delivery, mobile applications, 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 Northcentral Connect directly, specifically, when registering emails, obtaining remote access, and contacting online technical support.
Information may be collected in the following ways:
Browsing our site
Using our mobile applications
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.
Emails may be sent by the customer to Northcentral Connect on this website. Northcentral Connect may retain the information in any email that you send to us, such as your name, email, address, or telephone number.
Broadband Internet Service
Northcentral Connect may monitor the network and take measurements of network performance and the performance of your Internet connection to improve the customer’s, or Northcentral Connects, overall service levels.
During your communications with Northcentral Connect 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.
Northcentral Connect 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
Northcentral Connect may obtain credit information about you from third parties when you purchase products or services from Northcentral Connect.
How is your personal information used?
Northcentral Connect uses your information in connection with delivering its products and services to you. Northcentral Connect may also use the information supplied to personalize portions of your service. Some of these personalized services are made available directly by Northcentral Connect, while others may be offered by its content partners. In addition, Northcentral Connect analyzes and evaluates customer preferences, comments, and criticisms of its offerings to make improvements to the present and future versions of the individual service.
Northcentral Connect 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. Northcentral Connect does not rent, sell, or trade your private information to any non-affiliated third parties.
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.
Northcentral Connect will never willfully disclose individually identifiable information about its customers to a third party without first receiving that customer’s permission unless Northcentral Connect believes in good faith that the law requires it, or to protect the rights or property of Northcentral Connect.
How does Northcentral Connect protect your personal information?
Northcentral Connect 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.
Northcentral Connect takes special care to protect the safety and privacy of young people using its services. Northcentral Connect does not knowingly collect information about children. Northcentral Connect believes that children should get their parents’ consent before giving out any personal information. Northcentral Connect encourages parents and legal guardians to participate in their child’s experience using Northcentral Connects services. Children should always ask a parent for permission before sending personal information to Northcentral Connect.
How does the customer provide consent?
By using Northcentral Connects services, you agree with our Privacy Policy and our practices and procedures contained herein regarding the collection and sharing of your information. To opt out of the sharing of your information for marketing purposes, please contact Northcentral Connect.
How often are changes made to the Privacy Policy and how will I learn of the changes?
Northcentral Connect reserves the right to change, modify, or update this Privacy Policy at any time without notice. In the event of any modification, we will post the changes in this Privacy Policy so that you will always know what information we are gathering and how we might use that information. However, if such changes are material, we will either announce the change on the homepage of the site or take such other action as we deem appropriate under the circumstances. Accordingly, you should periodically visit this page to determine the current Privacy Policy to which you are bound.
EULA Terms and Conditions
Revised and Effective: August 17, 2020
1. About the Web Services Terms of Service and Northcentral Connect Web Services
Within these Web Services Terms of Service (“Terms”) the term “Northcentral Connect”, “Northcentral Electric Cooperative”, or “we” (and related pronouns) will refer to Northcentral Connect and its respective subsidiaries and affiliates that own and operate websites and Internet services on its behalf. The term “you” (and related pronouns) refers to you as a user of Northcentral Connects websites and Internet services described below.
NOTE: THESE TERMS CONTAIN A BINDING ARBITRATION PROVISION IN SECTION 19 THAT AFFECTS YOUR RIGHTS UNDER THESE TERMS WITH RESPECT TO ALL OF THE NORTHCENTRAL CONNECT WEB SERVICES. THE ARBITRATION PROVISION REQUIRES THAT DISPUTES BE RESOLVED IN INDIVIDUAL BINDING ARBITRATIONS OR SMALL CLAIMS COURT PROCEEDINGS. IN ARBITRATION, THERE IS NO JUDGE OR JURY AND THERE IS LESS DISCOVERY AND APPELLATE REVIEW THAN IN COURT.
These Terms set forth the terms and conditions through which Northcentral Connect will permit you to use these Northcentral Connect-owned and operated websites and services:
• Northcentral Connect-branded websites and web services that link to these Terms, such as: northcentralconnect.net and northcentralconnect.com, northcentralelectric.com, northcentralepa.com, excluding certain co-branded websites and web services provided by third parties through contractual arrangements with Northcentral Connect, as further described below ( (the “Northcentral Connect Sites”);
• all mobile applications provided by Northcentral Connect that link to these Terms (such as NConnect Smart Hub and Northcentral Electric Cooperative iOS and Android applications) (the “Northcentral Connect Apps”); and
• Northcentral Connect Wi-Fi services, if you are not a Northcentral Connect subscriber or you are a Northcentral Connect subscriber, but your subscription does not include access to Northcentral Connect Wi-Fi; and
• if you are not a Northcentral Connect Internet or Northcentral Connect Voice subscriber (collectively, items (1) through (5) are referred to as the “Northcentral Connect Web Services”).
Some of the Northcentral Connect Web Services contain links to other websites, including websites of third parties who are acting on our behalf as our agents, suppliers, or providers. These other websites are not operated by Northcentral Connect and have their own terms of service that you should read before you use them. Other sites that we link to may contain Northcentral Connect branding or co-branding, but these non-Northcentral Connect websites and resources are provided by parties other than Northcentral Connect. These Terms do not apply to those non-Northcentral Connect sites. You acknowledge and agree that Northcentral Connect is not responsible for (i) the availability of any of these non-Northcentral Connect websites or resources, and does not endorse any advertising, products or other materials on or available from these websites or resources, and (ii) for any loss or damage which may be incurred by you as a result of the availability of those websites or resources, or as a result of any reliance placed by you on the completeness, accuracy or existence of any advertising, products or other materials on, or available from, these websites or resources.
2. Accepting the Terms
For you to use any of the Northcentral Connect Web Services, you must first accept these Terms and the Northcentral Connect End User License. You can accept these Terms and the Northcentral Connect End User License by:
1. Signing in or checking a box next to “By signing in, you agree to these Terms of Service and Privacy Policy” (or similar language); or
2. Using any of the Northcentral Connect Web Services, in which case you understand and agree that these Terms and the Northcentral Connect End User License will apply to your use of those services (or any parts of them) (the earlier of the dates you checked such box or first used the Northcentral Connect Web Services, the “Effective Date”).
You may wish to print or save a local copy of the Terms and the Northcentral Connect End User License for your records.
3. Registration
In order to use certain Northcentral Connect Web Services you may be required to provide information about yourself (such as identification or contact details). You agree that any registration information you give to Northcentral Connect will be accurate, complete, and current. You will notify Northcentral Connect immediately of any changes to any of the foregoing information. You are responsible for updating your email address, so that if you use any of the account management features of the Northcentral Connect Web Services, such as online bill pay, Northcentral Connect can send you notices relating to these features, such as notice that your online bill has posted. If your email address is not current, you will not receive online bill postings; however, your payment due date will remain unchanged.
4. Prohibited Uses
You specifically agree not to:
• use the Northcentral Connect Web Services to undertake or accomplish any unlawful purpose including, but 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 on the Northcentral Connect Web Services any information or material which a reasonable person could deem to be unlawful;
• upload, post, publish, transmit, reproduce, create derivative works of, or distribute on the Northcentral Connect Web Services in any way information, software or other material that is protected by copyright or other proprietary right, without obtaining any required permission of the owner;
• post on or distribute through the Northcentral Connect Web Services unsolicited bulk or commercial messages commonly known as “spam;”
• send very large numbers of 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 blog, newsgroup, chat, or similar feature of the Northcentral Connect Web Services;
• initiate, perpetuate, or in any way participate in any pyramid or other illegal scheme through the Northcentral Connect Web Services;
• participate in the collection of very large numbers of email addresses, screen names, or other identifiers of others (without their prior consent) from the Northcentral Connect Web Services, 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 posted on or distributed through the Northcentral Connect Web Services;
• 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”) on the Northcentral Connect Web Services;
• restrict, inhibit, or otherwise interfere with the ability of any other person, regardless of intent, purpose or knowledge, to use or enjoy the Northcentral Connect Web Services (except for tools 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;
• register under the name of, or attempt to use the Northcentral Connect Web Services under the name of, another person;
• allow another person to access the Northcentral Connect Web Services using your credentials;
• access (or attempt to access) the Northcentral Connect Web Services through any automated means (including use of scripts or web crawlers), except through APIs or other interfaces specifically provided for this purpose, or violate the instructions set out in any robots.txt or similar file present within the Northcentral Connect Web Services;
• engage in the systematic retrieval of data or other content from the Northcentral Connect Web Services, except though APIs or other interfaces specifically provided for this purpose, to create or compile, directly or indirectly, a collection, compilation, database or directory, without Northcentral Connect’s prior written consent;
• capture, rip, download, or otherwise create a copy of any content that is shown on the Northcentral Connect Web Services without obtaining any required permission of the content owner;
• take any actions for the purpose of manipulating or distorting, or that may undermine the integrity and accuracy of, any ratings or reviews of any movie or other entertainment program, service or product that may be presented by the Northcentral Connect Web Services; or
• attempt to or actually circumvent any method used by Northcentral Connect to control access to Northcentral Connect Web Services, including, but not limited to, spoofing or otherwise impersonating an IP address for your computer that is not actually assigned to your computer or setting up a proxy or other device that allows others to access the Northcentral Connect Web Services through it.
If you are a Northcentral Connect Internet customer, you can find the guidelines for acceptable use of the Internet service at https://northcentralconnect.com/Policies/Policies.html.
5. Your Passwords and Unauthorized Use of Your Account
You are responsible for maintaining the confidentiality of your Northcentral Connect Web Services account and its password(s). In addition you are responsible for controlling access to any PCs, mobile devices, gateways, or other end points that you allow to store your password, or on which you enable a “Remember Me” or similar functionality (“Activated Device”). Accordingly, you agree that you will be solely responsible to Northcentral Connect for all activities that occur under your Northcentral Connect Web Services accounts, including the activities of any individual with whom you share your Northcentral Connect Web Services account or an Activated Device, and will be responsible for any breach of these Terms caused by these activities. If you become aware of any unauthorized use of your password or of your account, you agree to notify Northcentral Connect immediately. To protect your privacy, Northcentral Connect recommends logging out of the Northcentral Connect Web Services after each visit when you are using a public or shared PC, mobile device, or other end point.
Northcentral Connect does not permit credential sharing. You agree that Northcentral Connect Web Services account usernames and passwords associated with your account: (i) shall be used only by you and members of your household whose primary residential address is the same as the premises at which your Northcentral Connect Web Services account is located; (ii) shall not be shared with any user other than members of your household for any reason (including, but not limited to, for accessing any third party video services and platforms); and (iii) shall be used only on devices used by you or a member of your household primarily at the residential address location of the Northcentral Connect Web Services account. You agree you are responsible for maintaining the confidentiality and security of all Northcentral Connect Web Services account usernames and passwords associated with your account, including those used by members of your household.
6. Privacy and Your Personal Information
To understand how Northcentral Connect collects and uses information through the Northcentral Connect Web Services, please read the Web Services Privacy Policy at https://northcentralconnect.com/privacy.
Northcentral Connect is not responsible for any information provided by you to third parties, and this information is not subject to the Web Services Privacy Policy. You assume all privacy, security, and other risks associated with providing any information, including personally identifiable information, to third parties via the Northcentral Connect Web Services. For a description of the privacy protections associated with providing information to third parties, you should refer to any privacy policies provided by those third parties.
You understand and agree that Northcentral Connect (and its providers) may collect and use technical and related information, including information about your computers and/or mobile devices, operating systems, peripherals (such as gateways and extenders), applications, connected devices, network traffic, location data, and data use to deliver the Northcentral Connect Web Services and for other purposes including support and related services.
7. Content on the Northcentral Connect Web Services
Certain Northcentral Connect Web Services allow you to access content and information, such as collections of data, video, audio, or other multimedia, and photographs and other static images (the “Content”). This Content may be owned by Northcentral Connect, other companies that give Northcentral Connect the right to distribute their Content (like movie publishers), or users of the Northcentral Connect Web Services (like you). Northcentral Connect grants you a limited, non-exclusive, non-assignable license to view the Content and to use the Northcentral Connect Web Services for personal, non-commercial purposes as set forth in these Terms or in a manner that does not require a license. Except for activities that do not require a license, unless the Content was legally posted by you on the Northcentral Connect Web Services, you may not distribute copies of the Content in any form (including by email or other electronic means), without prior written permission from its owner. Of course, you are free to encourage others to access the Content and to tell them how to find it.
In addition, our Content providers want to remind you that you must not remove, alter, interfere with, or circumvent any copyright, trademark, or other proprietary notices marked on the Content or any digital rights management mechanism, device, or other content protection or access control measure associated with the Content. The copying, downloading, stream capturing, reproduction, duplication, archiving, distribution, uploading, publication, modification, translation, broadcast, performance, display, sale, or transmission of the Content is strictly prohibited unless it is expressly permitted by Northcentral Connect in writing or is an activity that does not require a license. You may not incorporate the Content into any hardware or software application. This prohibition applies even if you intend to give away the derivative materials free of charge.
You understand that by using the Northcentral Connect Web Services you may be exposed to Content that you may find offensive, indecent, or objectionable. In this respect, you use the Northcentral Connect Web Services at your own risk. If you would like to use them, there are commercially available services and software that can limit exposure to material that you may find objectionable.
You understand that Northcentral Connect has the right to change the Northcentral Connect Web Services at any time with or without notice to you. We also may rearrange, delete, add to, or otherwise change Content or other features or functionality contained within the Northcentral Connect Web Services. If we do give you notice of these changes, it may be provided on any of the Northcentral Connect Web Sites, or via email, newspaper, bill insert, or any other reasonable means of communication. If you find a change in the Northcentral Connect Web Services unacceptable, you have the right to cancel your Northcentral Connect Web Services account or to stop using the Northcentral Connect Web Services. However, if you continue to use the Northcentral Connect Web Services after the change, this will constitute your acceptance of the change.
8. User Submissions
Some of the material appearing on the Northcentral Connect Web Services will be provided by users or third parties. Pursuant to Section 230 of the federal Communications Decency Act, providers of interactive computer services are not considered or treated as publishers or speakers of information that is provided by other information content providers. Northcentral Connect does not claim ownership of any material that users submit or post on the Northcentral Connect Web Services. You agree that you are solely responsible for (and that Northcentral Connect has no responsibility to you or to any third party for) any material that you create, transmit, or display while using the Northcentral Connect Web Services, and for the consequences of your actions (including any loss or damage which Northcentral Connect may suffer) by doing so. Further, you agree that, with respect to any communication you submit to us for posting on the Northcentral Connect Web Services, you will not: (i) include any content that violates a third party’s copyright or other proprietary or privacy rights; (ii) publish falsehoods or misrepresentations portrayed as fact; (iii) include any advertising or solicitations; or (iv) submit any material that is unlawful, obscene, defamatory, libelous, threatening, pornographic, harassing, hateful, racially or ethnically offensive, or encourages conduct that would be considered a criminal offense, give rise to civil liability, violate any law, or is otherwise clearly inappropriate.
Northcentral Connect reserves the right, but does not assume any obligation, to review any user submission prior to its display on the Northcentral Connect Web Services using automated tools or manual processes. Northcentral Connect may refuse to display or remove any user submission from the Northcentral Connect Web Services for any reason in our sole discretion. However, we will typically only do so when we become aware that the material in question is harmful, clearly illegal, or likely to be considered highly offensive or objectionable to a large segment of our users.
9. Feedback
Northcentral Connect will receive any feedback you provide under the terms at https://northcentralconnect.com.
10. Proprietary Rights
You acknowledge and agree that Northcentral Connect (or Northcentral Connect’s licensors) owns all legal right, title, and interest in and to the Northcentral Connect Web Services, including any intellectual property rights which subsist in the Northcentral Connect Web Services (whether those rights happen to be registered or not, and wherever in the world those rights may exist).
Nothing in the Terms gives you a right to use any of Northcentral Connect’s trade names, trademarks, service marks, logos, domain names, and other distinctive brand features. If you have been given an explicit right to use any of these brand features in a separate written agreement with Northcentral Connect, then you agree that your use of these features shall comply with that agreement, any applicable provisions of the Terms, and Northcentral Connect’s brand feature use guidelines as updated from time to time.
Nothing in the terms gives you a right to use any trademark, service mark, trade name, logo of any company or organization in a way that is likely or intended to cause confusion about the owner or authorized user of these marks, names or logos.
11. Linking to the Northcentral Connect Sites
Northcentral Connect welcomes links to any of the Northcentral Connect Sites. You are free to establish a hypertext link to these websites so long as the link does not state or imply any affiliation, connection, endorsement, sponsorship, or approval of your site by Northcentral Connect.
12. Term; Provisions That Remain in Effect after Termination
The Terms apply to all users of the Northcentral Connect Web Services and will be in effect from the Effective Date until terminated by either Northcentral Connect or you as set forth below.
Sections 8 through 10, 12 through 15, 19, and 20 of these Terms will survive termination, and shall continue to apply indefinitely.
Unregistered Users
If you use any of the Northcentral Connect Web Services (or parts of those services) that are accessible without registration, you can simply discontinue use of those services at any time. Doing so will terminate the applicability of these Terms to you with respect to those services. If you breach any provision of these Terms or other applicable policies, or for any other reason, Northcentral Connect reserves the right to restrict, suspend, or terminate your use any or all of the Northcentral Connect Web Services and terminate the Terms. We may take these actions with or without notice to you. Because unregistered users are generally unknown to us, in most cases we will be unable to give notice of these actions.
Registered Users
If you use any of the Northcentral Connect Web Services (or parts of those services) as a registered user, you may delete your registered user account at any time. Doing so will terminate these Terms with respect to that Northcentral Connect Web Service. If you breach any provision of these Terms or other applicable policies, or for any other reason, Northcentral Connect reserves the right to restrict, suspend, or terminate your registered user account for any or all of the Northcentral Connect Web Services and terminate the Terms. We may take these actions with or without notice to you. Because registered users are known to us, however, we will generally use reasonable efforts to give notice of these actions.
Currently, registered user accounts for northcentralconnect.net, northcentralconnect.com and northcentralelectric.com are associated with Northcentral Connect Internet (including Northcentral Connect Wi-Fi), or Northcentral Connect Voice service and cannot be deleted without also terminating the associated service.
13. EXCLUSION OF WARRANTIES
BECAUSE OF THE NUMBER OF POSSIBLE SOURCES OF INFORMATION AVAILABLE THROUGH THE NORTHCENTRAL CONNECT WEB SERVICES, AND THE INHERENT HAZARDS AND UNCERTAINTIES OF ELECTRONIC DISTRIBUTION, THERE MAY BE INTERRUPTIONS, DELAYS, OMISSIONS, INACCURACIES, OR OTHER PROBLEMS WITH THIS INFORMATION. IF YOU RELY ON THE NORTHCENTRAL CONNECT WEB SERVICES OR ANY MATERIAL AVAILABLE THROUGH THEM, YOU DO SO AT YOUR OWN RISK. YOU UNDERSTAND AND AGREE THAT THE NORTHCENTRAL CONNECT WEB SERVICES ARE PROVIDED TO YOU “AS IS,” “WITH ALL FAULTS,” AND “AS AVAILABLE.” NORTHCENTRAL CONNECT AND ITS AGENTS AND LICENSORS CANNOT AND DO NOT WARRANT THE ACCURACY, COMPLETENESS, USEFULNESS, TIMELINESS, NONINFRINGEMENT, MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE OF THE INFORMATION AVAILABLE THROUGH THE NORTHCENTRAL CONNECT WEB SERVICES. NORTHCENTRAL CONNECT AND ITS AGENTS AND LICENSORS CANNOT AND DO NOT WARRANT THAT THE NORTHCENTRAL CONNECT WEB SERVICES WILL CONTINUOUSLY BE AVAILABLE OR FREE OF ERRORS, VIRUSES, OR OTHER HARMFUL COMPONENTS. BECAUSE SOME STATES DO NOT PERMIT THE EXCLUSION OR LIMITATION OF CERTAIN WARRANTIES, THESE EXCLUSIONS AND LIMITATIONS OF WARRANTIES MAY NOT APPLY TO YOU.
14. LIMITATION OF LIABILITY
A. FOR PURPOSES OF THIS LIMITATION OF LIABILITY PROVISION, “NORTHCENTRAL CONNECT” REFERS TO NOT ONLY NORTHCENTRAL CONNECT BUT ALSO ITS PARENTS, SUBSIDIARIES, AFFILIATES, PREDECESSORS, SUCCESSORS, AND ASSIGNS, AND EACH OF THEIR RESPECTIVE OFFICERS, DIRECTORS, EMPLOYEES, AND AGENTS.
B. YOU WAIVE THE RIGHT TO ASSERT A CLAIM AGAINST NORTHCENTRAL CONNECT MORE THAN TWELVE (12) MONTHS AFTER THE FIRST EVENT OR FACT THAT GIVES RISE TO THE CLAIM.
C. EXCEPT AS EXPRESSLY PROVIDED IN THIS AGREEMENT, IN NO EVENT SHALL NORTHCENTRAL CONNECT BE LIABLE TO YOU OR TO ANY THIRD PARTY FOR ANY DAMAGES ARISING OR RESULTING FROM ANY INTERRUPTION IN OR DISRUPTION TO THE NORTHCENTRAL CONNECT WEB SERVICES. IN NO EVENT SHALL NORTHCENTRAL CONNECT BE LIABLE TO YOU OR TO ANY THIRD PARTY FOR ANY INDIRECT, INCIDENTAL, OR CONSEQUENTIAL DAMAGES (INCLUDING BUT NOT LIMITED TO LOST DATA, LOST PROFITS, OR LOST BUSINESS OPPORTUNITIES), REGARDLESS OF THE LEGAL THEORY, REGARDLESS OF WHETHER SUCH DAMAGES WERE FORESEEABLE, AND REGARDLESS OF WHETHER NORTHCENTRAL CONNECT WAS ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. THE LIMITATIONS OF LIABILITY IN THIS PARAGRAPH SHALL NOT APPLY TO INJURIES: (1) TO THE BODY OR PERSON; OR (2) CAUSED BY NORTHCENTRAL CONNECT’S WILLFUL, MALICIOUS, RECKLESS, OR GROSSLY NEGLIGENT ACTS OR OMISSIONS.
D. THESE LIMITATIONS OF LIABILITY SHALL SURVIVE THE TERMINATION OF THIS AGREEMENT. BECAUSE THE LAW REGARDING LIMITATIONS OF LIABILITY VARIES BY STATE, THESE LIMITATIONS OF LIABILITY MAY NOT APPLY TO YOU.
15. Indemnification
You agree to indemnify, defend, and hold harmless Northcentral Connect (including its parents, subsidiaries, and affiliates and all of their respective officers, directors, employees, agents, licensors, suppliers and any third-party information providers) against all claims, losses, expenses, damages and costs (including reasonable attorney fees) resulting from any breach of the Terms by you or any individual with whom you share your Northcentral Connect Web Services account or an Activated Device. Notwithstanding the foregoing, Northcentral Connect will not seek indemnification from you from any losses, expenses, claims, damages, and costs, including reasonable attorneys’ fees, resulting from its own conduct. Northcentral Connect reserves the right, at its election, to assume the exclusive defense and control of any matter subject to indemnification by you and you agree to cooperate with Northcentral Connect in connection with our defense.
16. Copyright Infringement
Northcentral Connect is committed to complying with U.S. copyright and related laws and requires all users of the Northcentral Connect Web Services to comply with these laws. Accordingly, you may not use the Northcentral Connect Web Services to store any material or content, or disseminate any material or content, in any manner that constitutes an infringement of third-party intellectual property rights, including rights granted by U.S. copyright law.
If you are the owner of a copyrighted work and believe your rights under U.S. copyright law have been infringed by any material on the Northcentral Connect Web Services, you may take advantage of certain provisions of the Digital Millennium Copyright Act (the “DMCA”) by sending Northcentral Connect’s authorized agent a notification of claimed infringement that satisfies the requirements of the DMCA. Upon Northcentral Connect’s receipt of a satisfactory notice of claimed infringement, Northcentral Connect will respond expeditiously either directly or indirectly (i) to remove the allegedly infringing work(s) from the Northcentral Connect Web Services or (ii) to disable access to the work(s). In accordance with the DMCA, it is Northcentral Connect’s policy to reserve the right to terminate access to the Northcentral Connect Web Services (or any part of those services) for any user who is either found to infringe third-party copyright or other intellectual property rights, including repeat infringers, or who Northcentral Connect, in its sole discretion, believes is infringing these rights. Northcentral Connect may terminate access to the Northcentral Connect Web Services at any time with or without notice for any affected customer or user. If the affected user believes in good faith that the allegedly infringing works have been removed or blocked by mistake or misidentification, then that person may send a counter notification to Northcentral Connect. Upon Northcentral Connect’s receipt of a counter notification that satisfies the requirements of DMCA, Northcentral Connect will provide a copy of the counter notification to the person who sent the original notification of claimed infringement and will follow the DMCA’s procedures with respect to a received counter notification. In all events, you expressly agree that Northcentral Connect will not be a party to any disputes or lawsuits regarding alleged copyright infringement.
Copyright owners may send Northcentral Connect a notification of claimed infringement to report alleged infringements of their works to:
Northcentral Connect
Attn: Regulatory Manager
Address: 4600 Northcentral Way, Olive Branch, MS 38654
Email: questions@northcentralconnect.com
Any notification of claimed infringement must be in a form that satisfies the requirements of Section 512(c)(3) of the U.S. Copyright Act. Under the DMCA, anyone who knowingly makes misrepresentations regarding alleged copyright infringement may be liable to Northcentral Connect, the alleged infringer, and the affected copyright owner for any damages incurred in connection with the removal, blocking, or replacement of allegedly infringing material.
If a notification of claimed infringement has been filed against you, you can file a counter notification with Northcentral Connect’s designated agent using the contact information shown above. All counter notifications must satisfy the requirements of Section 512(g)(3) of the U.S. Copyright Act.
17. Changes to the Terms
Northcentral Connect reserves the right to change these Terms. When we do change them, we will make a copy of the updated Terms available to you by posting it at https://northcentralconnect.com/terms, or through other methods. If we make material changes to these Terms, we will also notify you in Northcentral Connect My Account, by email, direct mail, or other reasonable methods that we select.
You understand and agree that if you use any of the Northcentral Connect Web Services after the effective date of the updated Terms, Northcentral Connect will consider your use as acceptance of the updated Terms.
18. Trademarks
Northcentral Connect®, the Northcentral Connect design logo, Northcentral Connect®, and the Northcentral Connect design logo are all trademarks or service marks of Northcentral Connect Corporation or its subsidiaries. All other trademarks and service marks appearing on the Northcentral Connect Web Services are the properties of their respective owners.
19. Special Note about Northcentral Connect Wi-Fi.
If you are not an Northcentral Connect subscriber or you are an Northcentral Connect subscriber but your subscription does not include access to Northcentral Connect Wi-Fi, the following applies to your use of Northcentral Connect Wi-Fi (“Wi-Fi Service”):
Using the Wi-Fi Service
To access and use the Wi-Fi Service, you must:
• provide Northcentral Connect with accurate and complete registration information;
• have a wireless-enabled device (compliant with the IEEE 802.11g or n standards, and or any later standard we support) with a web browser or its equivalent;
• provide all equipment and software necessary to connect to the Wi-Fi Service (other than the access point provided by Northcentral Connect);
• protect the password, username, and security information you use to access the Wi-Fi Service and notify Northcentral Connect immediately of any unauthorized use of your account that you become aware of,
• comply with applicable laws and regulations, including but not limited to copyright and intellectual property rights laws, and
• be at least 18 years of age.
Certain locations (“Venues”) may offer you free use of Northcentral Connect Wi-Fi (“Amenity Wi-Fi”). Your use of amenity Wi-Fi is subject to these Terms. Northcentral Connect is not responsible for the Venue Policies or the actions of the Venue. You should read the Venue Policies before using Amenity Wi-Fi.
When you go online with any Wi-Fi service, remember that wireless communications can be intercepted.
Termination
Northcentral Connect reserves the right at any time to terminate your use of the Wi-Fi Service if you fail to comply in full with any term of these Terms, or any other terms, agreements, or policies that apply to this Wi-Fi Service and the use of it. Northcentral Connect reserves the right at any time to delete, terminate, or suspend any Wi-Fi Service account registration and related information including usernames and passwords.
Restrictions on Use
You may not use the Wi-Fi Service to do any of the following:
• falsify, alter, or remove message headers;
• falsify references to Northcentral Connect or its network, by name or other identifier, in messages;
• 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;
• 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 Wi-Fi Service by Northcentral Connect 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, also commonly referred to as public services or servers. Examples of prohibited equipment and servers include, but are not limited to, email, web hosting, file sharing, and proxy services and servers;
• use the Wi-Fi Service, or use or run programs that provide network content or any other services, except for personal and non-commercial use;
• service, alter, modify, or tamper with any Northcentral Connect equipment or service or permit any other person who is not authorized by Northcentral Connect to do so;
• use the Wi-Fi Service for operation as an Internet service provider or for any business, other legal entity, or organization purpose (whether or not for profit);
• resell or otherwise make available the Wi-Fi Service, in whole or in part, directly or indirectly;
• 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;
• falsify, alter, spoof, or otherwise modify or change any IP or MAC address assigned to or associated with your device to access the Wi-Fi Service; or
• access and use the Wi-Fi Service with anything other than a dynamic IP address that adheres to the dynamic host configuration protocol (“DHCP”). You may not configure your device to use this Wi-Fi Service or any related equipment to access or use a static IP address or use any protocol other than DHCP or for any unlawful purpose.
Acceptable Use Policy for Broadband Internet Services
NORTHCENTRAL CONNECT FAMILY OF COMPANIES ACCEPTABLE USE POLICY FOR BROADBAND INTERNET SERVICES
Northcentral Connect. (“Northcentral Connect” or “Company”) have adopted this Acceptable Use Policy (“AUP”) to outline the acceptable use of Northcentral Connect’s Broadband Internet service (“Broadband Service”). This AUP is in addition to any restrictions contained in the Northcentral Connect service agreement for Internet service (the “Subscriber Agreement”). Please also refer to the Frequently Asked Questions (“FAQ”), which includes explanations of how Northcentral Connect 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 Northcentral Connect so that we can close your account.
Northcentral Connect may revise this AUP from time to time and will have the latest version posted on its website. Northcentral Connect will use reasonable efforts to make customers aware of any changes to this AUP, which may include sending email announcements or posting additional information on the Northcentral Connect website. Revised versions of this AUP are effective immediately upon posting. Accordingly, customers of the Northcentral Connect Broadband Internet Broadband Service should read any Northcentral Connect announcements they receive and regularly visit the Northcentral Connect 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, questions@northcentralconnect.com. To report illegal content on the Internet, go to www.ftc.gov.
I. 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.
A. Network and Usage Restrictions
No user of the Broadband Service, Customer Equipment, or the Northcentral Connect 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 Northcentral Connect (or Northcentral Connect supplier) host, server, backbone network, node, or service, or otherwise cause a performance degradation to any Northcentral Connect (or Northcentral Connect 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. If you are a residential customer, 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 Northcentral Connect 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 Northcentral Connect.
B. Conduct and Information Restrictions
No user of the Broadband Service, Customer Equipment, or the Northcentral Connect 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 email 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 Northcentral Connect 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 website that you access or use.
C. Technical Restrictions
No user of the Broadband Service, Customer Equipment, or the Northcentral Connect Equipment may, individually or in combination with another:
use the Internet service or facilities for web hosting, email hosting, or other unusually high-bandwidth consumption unless you have made special subscription arrangements with Northcentral Connect 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 Northcentral Connect 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, email, 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 Northcentral Connect Equipment or Broadband Service, or permit any other person to do the same who is not authorized by Northcentral Connect.
II. Customer Conduct and Features of the Broadband Service
A. 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 Northcentral Connect that connects to the Broadband Service from external threats such as viruses, spam, bot nets, and other methods of intrusion.
B. Northcentral Connects Rights
Northcentral Connect 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 Northcentral Connect’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 Northcentral Connect nor any of its affiliates, suppliers, or agents have any obligation to monitor transmissions or postings (including, but not limited to, email, file transfer, blog, newsgroup, and instant message transmissions) made on the Broadband Service. However, Northcentral Connect 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.
C. Service Restrictions
All Northcentral Connect’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.
1. Email and Web-Hosting Services
(i) Unsolicited Email Prohibited — You may not use Northcentral Connect-hosted email addresses for the purpose of sending unsolicited email. You may not use or cause to be used Northcentral Connect’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 Northcentral Connect’s network addresses or Northcentral Connect-hosted Web or email services are in any way identified as being associated with the sending of unsolicited email.
(ii) Unauthorized use, or forging, of mail header information (e.g., “spoofing”) is prohibited.
(iii) Fraudulent Activity Prohibited — You may not use the Northcentral Connect 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 email or other communications.
(iv) Northcentral Connect reserves the right to suspend or delay delivery of email to Customer utilizing the Northcentral Connect 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 Northcentral Connect. Stored mail exceeding these limits may be transferred to a compressed file at Northcentral Connect’s discretion. Northcentral Connect will attempt to notify the account holder via the account contact information on record; however, Northcentral Connect reserves the right to delete the contents of such email boxes upon 30 days after attempted notification.
(v) The Broadband Service may not be used to communicate or distribute email or other forms of communications in violation of Section I of this AUP. As described below in Section III of this AUP, Northcentral Connect 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).
(vi) Northcentral Connect is not responsible for deleting or forwarding any email sent to the wrong email address by you or by someone else trying to send email to you. Northcentral Connect is also not responsible for forwarding email sent to any account that has been suspended or terminated. This email will be returned to the sender, ignored, deleted, or stored temporarily at Northcentral Connect’s sole discretion.
(vii) In the event that Northcentral Connect believes in its sole discretion that any subscriber name, account name, or email 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, Northcentral Connect (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, Northcentral Connect may at any time reserve any identifiers on the Broadband Service for Northcentral Connect’s own purposes. If a Broadband Service account is terminated for any reason, all email associated with that account (and any secondary accounts) will be permanently deleted, as well.
2. 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. Northcentral Connect assumes no responsibility for the timeliness, misdelivery, 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.
3. 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. Northcentral Connect 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.
III. Network Management and Limitations on Data Consumption
Northcentral Connect 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 best possible Broadband Internet experience by all Northcentral Connect’s Customers. The Company uses reasonable network management practices that are consistent with industry standards. Northcentral Connect 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 Northcentral Connect did not 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, Northcentral Connect can deliver the best possible broadband Internet experience to all its Customers.
A. Network Usage and Data Consumption Restrictions
You acknowledge that all the Northcentral Connect Internet services are intended for periodic, active use of email, user newsgroups, transfers via FTP, Internet chat, Internet games, and browsing of the Internet. If you are a residential customer, the Broadband Service is for personal and non-commercial residential use only. You must comply with all current bandwidth, data storage, and other limitations on the Northcentral Connect Internet services that have been established by Northcentral Connect and Northcentral Connect suppliers. You agree not to intentionally use the Northcentral Connect Internet service on a standby or inactive basis to maintain a connection. The excessive use or abuse of Northcentral Connect’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 Northcentral Connect 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 Northcentral Connect’s sole discretion. Such prohibited actions include, but are not limited to: using the Northcentral Connect Internet Services to host a Web server site that attracts excessive traffic at your location; continuously uploading or downloading streaming video or audio; using net hosting; continuous FTP uploading or downloading; or acting in a manner that negatively affects other users’ ability to engage in real-time exchanges and use of the Northcentral Connect Internet Services.
The Broadband Service is for personal and non-commercial residential use only. Therefore, Northcentral Connect 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 Northcentral Connect 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 Northcentral Connect 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 Northcentral Connect’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, Northcentral Connect 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. Northcentral Connect may also provide versions of the Broadband Service with different speed and data-consumption limitations, among other characteristics, subject to applicable Broadband Service plans.
Northcentral Connect’s determination of the data consumption for Broadband Service accounts is final.
IV. Violation of This AUP
Northcentral Connect 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.
Northcentral Connect 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. Northcentral Connect has no obligation to monitor the Broadband Service and/or the network. However, Northcentral Connect 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 Northcentral Connect users.
Northcentral Connect prefers to inform Customers of inappropriate activities and give them a reasonable period in which to take corrective action. Northcentral Connect also prefers to have Customers directly resolve any disputes or disagreements they may have with others, whether customers or not, without Northcentral Connect’s intervention. However, if the Broadband Service is used in a way that Northcentral Connect or its suppliers, in their sole discretion, believe violates this AUP, Northcentral Connect 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 Northcentral Connect nor its affiliates, suppliers, or agents will have any liability for any of these responsive actions. These actions are not Northcentral Connect’s exclusive remedies, and Northcentral Connect may take any other legal or technical actions it deems appropriate, with or without notice.
Northcentral Connect 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 Northcentral Connect’s servers and network. During an investigation, Northcentral Connect may suspend the account or accounts involved and/or remove or block material that potentially violates this AUP. You expressly authorize and consent to Northcentral Connect 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, Northcentral Connect is authorized to delete any files, programs, data, email, and other messages associated with your account (and any secondary accounts).
The failure of Northcentral Connect 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 early as possible, and the remaining portions will remain in full force and effect. You agree to indemnify, defend, and hold harmless Northcentral Connect 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.
V. Redress and Governing Law
A. Arbitration
Any dispute or claim between you, the Customer, and Northcentral Connect 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. CUSTOMER ACKNOWLEDGES THAT THIS ARBITRATION PROVISION CONSTITUTES A WAIVER OF ANY RIGHT TO A JURY TRIAL.
B. Governing Law
The Agreement and the relationship between you and Northcentral Connect shall be governed by the laws of the state of Mississippi 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 Northcentral Connect agree to submit to the personal and exclusive jurisdiction of the courts located within the state of South Carolina and waive any objection as to venue or inconvenient forum. The failure of Northcentral Connect 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.
VI. Copyright Information
Northcentral Connect’s subscribers (including account holders) may not upload, post, route, transmit, link, or otherwise make available on or via the Northcentral Connect Broadband Internet Service any material protected by copyright in a manner that infringes that copyright. Subscribers should be aware that they may be legally liable for engaging in such activity. In addition to the repeat infringer policy detailed below, Northcentral Connect residential subscribers who are alleged to have engaged in activity that may constitute copyright infringement will receive a notice alerting them each time that such activity has been detected in connection with their account, and requesting that they take steps to ensure that any infringement ceases immediately. In response to allegations of copyright infringement against a subscriber that Northcentral Connect receives, Northcentral Connect will provide such subscriber with information about the alleged infringement and may ask that such subscriber acknowledge that he or she will cease any conduct that is infringing. If the allegedly infringing activity continues and for repeated infringement, Northcentral Connect reserves the right to terminate service; however, the subscriber will be given advance notice prior to Northcentral Connect taking any such step. The subscriber will also have the ability to challenge notices received.
Repeat Infringer Policy
In accordance with the Digital Millennium Copyright Act of 1998 (“DMCA”), Northcentral Connect’s policy is to terminate, in appropriate circumstances, the Northcentral Connect Broadband Internet Service of any subscriber who is a repeat infringer. If you believe that in connection with the Northcentral Connect Broadband Internet Service, a Northcentral Connect subscriber has engaged in repeated infringement that includes your copyrighted materials, please provide our designated copyright agent (see below for more details) with information sufficient to show that the subscriber is a repeat copyright infringer and that appropriate circumstances exist for Northcentral Connect’s termination of such subscriber.
Termination of Service
Each subscriber agrees that, if he or she is terminated pursuant to this policy, he or she will not attempt to establish a new account with Northcentral Connect under any name, real or assumed, without Northcentral Connect’s permission. Please note that not all services provided by Northcentral Connect limit usage to subscribers, and that Northcentral Connect is not able to terminate service usage by users who are not subscribers.
Reservation of Rights
These policies do not affect any other rights that Northcentral Connect may have under law or contract, and all such rights are expressly reserved by Northcentral Connect.
DMCA Notices
The DMCA provides recourse for copyright owners who believe that material appearing on the Internet infringes their rights under U.S. copyright law. Specifically, if you believe in good faith that material infringing your rights resides on the Northcentral Connect Broadband Internet Service by reason of storage at the direction of any user, or that such infringing material is at an online location that is referred or linked to via an information location tool (such as directory, index, reference, pointer, or hypertext) made available as part of the Northcentral Connect Broadband Internet Service, you (or your agent) may send to Northcentral Connect a notice requesting that Northcentral Connect remove the material or block access to it. Notices should be sent to Northcentral Connect’s designated copyright agent (see below), and must meet the following requirements:
A physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed;
Identification of the copyrighted work claimed to have been infringed, or, if multiple copyrighted works at a single online site are covered by a single notification, a representative list of such works at that site;
Identification of the material that is claimed to be infringing or to be the subject of infringing activity and that is to be removed or access to which is to be disabled, and information reasonably sufficient to allow Northcentral Connect to locate the material;
Information reasonably sufficient to permit Northcentral Connect to contact the complaining party, such as an address, telephone number, and, if available, an electronic mail address at which the complaining party may be contacted;
A statement that the complaining party has a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law; and
A statement that the information is accurate and, under penalty of perjury, that the complaining party is authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.
DMCA Counter-Notices
If you believe in good faith that someone has wrongly submitted to us a notice of copyright infringement against you, the DMCA permits you to send us a counter-notice. Counter-notices should be sent to Northcentral Connect’s designated copyright agent (see below), and must meet the following requirements:
A physical or electronic signature of the subscriber;
Identification of the material that has been removed or to which access has been disabled, and the location at which the material appeared before it was removed or access to it was disabled;
A statement under penalty of perjury that the subscriber has a good faith belief that the material was removed or disabled as a result of mistake or misidentification of the material to be removed or disabled;
The subscriber’s name, address, and telephone number and a statement that the subscriber consents to the jurisdiction of the Federal District Court for the judicial district in which the address is located, or if the subscriber’s address is outside of the United States, for any judicial district in which the service provider may be found, and that the subscriber will accept service of process from the person (or their agent) who provided notification of copyright infringement.
Designated Copyright Agent
DMCA notices and counter-notices, and repeat infringer information, should be delivered in writing to Northcentral Connect’s designated copyright agent:
Northcentral Connect
Name: Regulatory Manager
Address: 4600 Northcentral Way, Olive Branch, MS 38654
Email: questions@northcentralconnect.com
Notices, counter-notices, and repeat infringer information should be delivered in writing.