| nTelos Internet Services Terms & Conditions
|  | | The Internet Services Terms & Conditions contained herein apply to any nTelos Internet access by means of Dial-Up, Digital Subscriber Line (DSL), Portable Broadband, Broadband over Fiber, Hosting, Dedicated Internet Service, or any other Internet service provided by nTelos (“nTelos Internet Service(s)”). By using any nTelos Internet Service, the User/Customer (herein called “Customer”) agrees to the following terms and conditions: |
|
| Acceptable Use Policy |
1. Customer is solely responsible for the content and activities to, from or through the nTelos Internet Service. Customer will use nTelos Internet Services may only be used for lawful purposes. nTelos may immediately terminate such service if the nTelos Internet Service for any unlawful purpose or if any violation of the Acceptable Use Policy occurs. In addition, in the event that communications by the Customer makes use of the nTelos network to the detriment of nTelos network or reputation, nTelos reserves the right to immediately restrict, interrupt or terminate the Customer's services and/or network use.
- Harassment by email, in any form, is prohibited.
- Sending unsolicited mail messages, including the sending of unsolicited bulk mail, "junk mail" or other advertising material to individuals who did not specifically request such material ("email SPAM") is prohibited, including use of email originating from the nTelos network or networks of other Internet Service Providers on behalf of, or to advertise, any service hosted by nTelos or connected via the nTelos network. If a recipient asks to stop receiving email, the Customer must immediately stop sending email.
- Customers engaging in solicited mass mailings are required to use industry standard means of properly collecting email addresses for inclusion on a mailing list. Customer must be able to confirm proper collection of email addresses upon request by nTelos personnel at any time. Customers must also be able to provide methods for recipient addition and removal not requiring the intervention by nTelos personnel.
- Creating or forwarding "chain letters" or "pyramid schemes" of any type is prohibited.
- Malicious email, including, but not limited to, "mail bombing" (flooding a user or site with very large or numerous emails) will result in account termination.
- Unauthorized use or forging of mail header information to hide identity is prohibited.
- Customer agrees to secure open SMTP ports to prohibit mail relaying by third parties. The Customer also agrees to conform to the protocols and standards defined in the following Internet documents: RFC1812, RFC 2644, RFC1122, RFC1123 and additional classifications as appropriate.
- Reselling or distributing the nTelos’ services, in whole or in part, including but not limited to multiple dial-up sessions or Internet connections on a single-user account is strictly prohibited without express written permission of nTelos.
- Any use of the nTelos network for the creation of, relay of, or storage of illegal materials in violation of any Federal law, State law, or other restricted-use regulation and/or fraudulent information is strictly prohibited. Violations include, but are not limited to, copyrighted material, threatening or obscene material, trade secrets, or any material protected by other legitimate restrictions.
- Peer-to-Peer node hosting and/or server hosting on residential accounts is prohibited.
- Per minute rate for 800-number access applies to all Customers regardless of the location from which the dial-up session is initiated. Customers are advised to check their local dialing number after returning from a location when the 800 number services were used.
- Static IP addresses are assigned on a need basis only. Additional static IP addresses will not be assigned to Users unless the User can account for additional IP address usage. Static IP addresses are administered by the American Registry for Internet Numbers (“ARIN”) and nTelos is subject to review by ARIN. If the utilization of User IP space does not meet the ARIN requirements, nTelos reserves the right to review and remove extra static IP addresses as needed to comply with the ARIN guidelines.
- Unauthorized access via nTelos to any computer, facility, network, or combination is strictly forbidden. Any access to other networks through nTelos must comply with the service agreements appropriate for the accessed network.
- Customers are responsible for maintaining their own network security when using their own routers or dedicated servers.
2. WARRANTY: nTelos expressly disclaims any and all warranties regarding nTelos Internet Service or product provided through, in connection with the nTelos Internet Service, or located on nTelos computers, facilities or elsewhere accessible through Customer’s account, including without limitations, any warranties as to the availability of, merchantability of, or fitness for a particular purpose of nTelos’ services. Any software provided in connection with nTelos Internet Service is provided "as is" and without warranty of any kind. Use of freeware and shareware programs that may be included on distribution media or obtained from nTelos is governed by their respective licensing agreements which may contain restrictions on use including, but not limited to, the requirement(s) to pay the author(s) a specified amount after a trial period has elapsed.
3. LIABILITY: Customer agrees to indemnify and hold nTelos harmless from any claims resulting from use of nTelos Internet Services. nTelos shall not be liable for any consequential, special, incidental or indirect damages of any kind arising out of the use of nTelos Internet Services (including but not limited to lost data or lost profits), even if nTelos has been advised of the possibility of such damages.
4. COMMITMENT:
- Dial-Up, Digital Subscriber Line (DSL), Portable Broadband, Broadband over Fiber. Customer may cancel account at any time unless it is still under a term commitment. nTelos does not issue refunds for unused services paid in advance. If Customer cancels a term service for any reason or is disconnected for cause prior to the end of the commitment period, Customer will be charged an early termination fee (ETF). ETF for business services is determined by the difference between Month to Month rate and the Term rate multiplied by the number of months service was active [(Month to Month rate - Term rate) x Number of Months in Service]. ETF for other Internet services is equal to the lesser amount between $100 or the current monthly fee multiplied by the number of months remaining to complete the commitment term.
- Dedicated Internet Service and Managed Router Services. Customer agrees to remain a subscriber of nTelos for the Service and for the term stated on the Services Agreement. If, prior to end of the commitment term, Customer disconnects for any reason or if Service is disconnected for non-payment, Customer agrees to pay nTelos early termination reimbursement charges and applicable taxes. For Dedicated Internet Service, early termination reimbursement charges are determined by calculating the difference between the Month to Month rate of the disconnected Service and the applicable Term rate multiplied by the number of months Service was in effect. If the Customer disconnects before one full year of Service, the waived installation and/or connection fees associated with each service equal to the Month to Month option will also be charged and must be paid in full. For Managed Router Services, early termination reimbursement charges are determined by calculating one half of the applicable Term rate multiplied by the number of months remaining on the Services Agreement.
5. SERVICE RATES & FEES:
- Dial-Up, Digital Subscriber Line (DSL), Portable Broadband, Broadband over Fiber. Rates and fees are set forth on the nTelos web site, www.ntelos.com. Rates and fees are subject to change by sales promotions, quantity discounts, or other programs sponsored by nTelos. nTelos will provide a 30-day written notice of price increases or service area changes. Customer will have 14 days from the date of the notice to provide nTelos with a written request to terminate service and incur no liability. Otherwise, Customer will be billed at the new pricing.
- Dedicated Internet Service Rates and fees are set forth in the Service Agreement for Dedicated Internet Service. Except as may be provided in the Service Agreement, the rates for Dedicated Internet Service are fixed for the term of the Service Agreement.
6. BILLING AND CREDITS: Users will receive a monthly or periodic invoice, dependent upon the terms of the account(s). Residential Internet Service is contingent on a satisfactory credit score of the Customer. The first invoice may be higher than the monthly rate due to prorating in order to get the account(s) into the proper nTelos billing cycle. Account adjustments normally require approval by an nTelos Manager. Approved adjustments will be processed promptly and will be reflected on subsequent billing statements. Billing errors are not grounds to withhold payment from nTelos. For non-recurring charges, such as web site development, network installation, maintenance, repairs, or other services rendered above and beyond Internet access via a communications line, payment is due upon receipt of the invoice.
7. PAYMENT:
- nTelos Internet Services except Dedicated: Credit or Debit card may be used to make payment on a one-time payment basis or, for certain services, on an automatically recurring monthly basis. On an automatically recurring monthly basis, by providing a credit or debit card number to nTelos, Customer expressly authorizes nTelos to charge the credit or debit card for any access service charges and additional usage that is incurred. It is the Customer’s responsibility to inform nTelos of any changes to the credit or debit card, including a new expiration date for reissued, stolen or misplaced cards. Failure to notify nTelos of changes in credit or debit card status could result in service interruption and additional fees. Direct deduction from a checking account (ACH) is a payment option for residential Internet services such as Dial-Up, DSL, Broadband over Fiber and Portable Broadband.
- Dedicated Internet Service Accounts are in default if payment is not received within 25 days after the date of invoice. If a payment is returned to nTelos as unpaid, Customer is immediately in default and is subject to a nTelos processing fee for each returned check or failed credit/debit card charge. All Customers are subject to a late fee of 1.5% of the outstanding balance for any unpaid balances after 25 days. An account in default may have its service interrupted and such interruption does not release Customer from obligation to pay the account in full. Only a written request to terminate Service relieves the Customer of obligation to pay future monthly or annual account charges.
8. A parent or legal guardian (a.k.a. responsible adult) must authorize accounts for persons under the age of 18 and is responsible for payment and agrees with the terms and conditions herein, as evidenced by a proper signature on the nTelos Service Agreement.
9. DEFAULT: Accounts are in default if payment is not received within 25 days after the date of invoice. If a payment is returned to nTelos as unpaid, customer is immediately in default and is subject to a nTelos processing fee for each returned check or failed credit/debit card charge. All Customers are subject to a late fee of 1.5% of the outstanding balance for any unpaid balances after 25 days. An account in default may have its service interrupted and such interruption does not release Customer from obligation to pay the account in full. Only a written request to terminate service relieves the Customer of obligation to pay future monthly or annual account charges.
10. Customer is responsible for the security of account passwords. Availability and access to Customer’s accounts by others is strictly prohibited. The uses of email aliases attached to an account are the exception. Customer remains liable for the use of such email aliases under terms and conditions herein set forth. Customer may not attempt to find or in any manner search out or aid and abet in an attempt by any other person to find the password of another user.
11. nTelos full-time connections are dedicated services. Dedicated services (maintaining an open access for more than 8 hours) are classified and rated accordingly.
12. Customers are responsible for maintaining their own network security when using their own routers or dedicated servers.
13. nTelos maintains junk email and virus filters for all nTelos hosted email accounts to reduce the flow of SPAM and malicious viruses to nTelos customers. Because the nature and appearance of junk email and viruses change over time, it is impossible to filter email with 100% accuracy or reliability. Customers may turn off junk email and virus filtering for individual accounts at any time.
14. nTelos offers a 30-day satisfaction guarantee on certain Internet services, including Dial-Up, Portable Broadband and DSL. If a Customer is not satisfied with the Internet service during the first 30 days of service, nTelos will release Customer from any contracts, and refund any Internet-related fees already paid to nTelos minus any service fees pro-rated for the duration of usage. Any one-time construction fees specific to Customer’s site will not be refunded. Customers are responsible for the return of any and all nTelos-provided equipment within 30 days of service cancellation.
15. For nTelos-provided equipment, an equipment fee will be applied to Customer’s account upon cancellation. When the nTelos-provided equipment is returned, the equipment fee will be removed from the Customer’s account.
16. All dial-up accounts will time out if left idle for an extended period of time. Users may not attempt to defeat nTelos idle time-out regulations.
17. nTelos reserves the right to change the terms and conditions at any time.
PRIVACY POLICY: nTelos does not share any customer information with any outside entity unless by appropriately served court order.
|
|
| nTelos Broadband Services Addendum to Internet Services Terms & Conditions
|  | The person designated as Customer (herein called "Customer") and at the Customer's Service address (herein called "Premises") has requested a broadband Internet service (herein called "Service") from nTelos (herein called "Company"). Upon execution of this Services Agreement by Customer and in consideration therefore, the Customer agrees to comply with the following conditions of Service:
- 1. For Company-provided equipment, an equipment fee will be applied to Customer's account upon cancellation. For a non-returned Portable Broadband modem and for a non-returned DSL modem, the equipment fee will be charged immediately upon termination of a nTelos contract. Non-return fee for Portable Broadband modem is $375. Non-return fee for DSL modem is $150. Other nTelos service equipment may have different return fees. When the Company-provided equipment is returned, the equipment fee will be removed from the Customer's account. Company-provided equipment should be shipped to:
NTELOS Supply
1900 Roanoke Road
P.O. Box 174
Daleville, VA 24083
|
- Portable Broadband customers may cancel with a full refund within the first 30 days of service. The cancellation policy for other Broadband services is set forth in the Internet Services Terms & Conditions.
- Customer who has requested Service agrees to obtain all necessary consents to install the Service from any third parties having an interest in the Premises. Should Customer fail to secure consent, as provided herein, Customer will indemnify and hold Company harmless from any and all claims of such owners or interested third party arising out of the installation or provision of this Service.
- LIABILITY: Any liability of the Company including, without limitation, liability for damages caused or allegedly caused by failure or performance, error, omission, interruption, electrical surge/damage/interference, deletion, defect, delay in operation or transmission, communications line failure, theft or destruction of or unauthorized access to, alteration of or use of records whether for breach of contract, negligence, or under any other cause of action, shall be strictly limited to the amount paid by or on behalf of the subscriber to the Company for the current month.
- Dispatching of repair technicians to the Premises is limited to regular business hours.
- Speed of the Service provided may vary with technical factors including, but not limited to, distance from the collocated equipment and condition of the wiring to the Premises. All speeds quoted are listed as being approximate, and actual speeds are not guaranteed to match quoted speed. Portable Broadband and DSL modem speeds are "best effort" speeds.
|
|
 |
|