Acceptable Use Policy
4IP TECHNOLOGY AND MEDIA AND NEXSTREAM ACCEPTABLE USE POLICY
FOR BROADBAND INTERNET SERVICES
4IP TECHNOLOGY AND MEDIA AND NEXSTREAM (“NEXSTREAM”) has adopted this Acceptable Use Policy (“AUP”) to outline the acceptable use of NEXSTREAM’s Broadband Internet Service (“Broadband Service”). 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 NEXSTREAM so that it can close your account.
NEXSTREAM may revise this AUP from time to time by posting a new version on its website at https://nexstream.net/legal/acceptable-use-policy/ (the “NEXSTREAM website”). NEXSTREAM will use reasonable efforts to make customers aware of any changes to this AUP, which may include sending e-mail announcements or posting information on the NEXSTREAM website. Revised versions of this AUP are effective immediately upon posting. Accordingly, customers of the NEXSTREAM Broadband Service should read any NEXSTREAM announcements they receive and regularly visit the NEXSTREAM web site and review this AUP to ensure that their activities conform to the most recent version. I you have questions regarding this AUP, or to report violations of it, you can contact NEXSTREAM at support@NEXSTREAM.net
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 NEXSTREAM 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 NEXSTREAM (or NEXSTREAM supplier) host, server, backbone network, node or service, or otherwise cause a performance degradation to any NEXSTREAM (or NEXSTREAM supplier) facilities used to deliver the Broadband Service; resell the Broadband Service or otherwise make available to anyone outside the Premises the ability to use the Broadband Service (for example, through Wi-Fi or other methods of networking), in whole or in part, directly or indirectly. The Residential 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 NEXSTREAM 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 you are subject to a Broadband Service plan that expressly permits you to do so.
B. Conduct and Information Restrictions
No user of the Broadband Service, Customer Equipment, or NEXSTREAM’s Equipment may, individually or in combination with another: avoid incurring charges for or otherwise being required to pay for usage of the Broadband Service; invade another person’s privacy, stalk, harass, or otherwise violate the rights of other persons; undertake or accomplish any unlawful purpose. This includes, but is not limited to, posting, storing, transmitting or disseminating information, data or material which is libelous, obscene, unlawful, threatening or defamatory, or which infringes the intellectual property rights of any person or entity, or which in any way constitutes or encourages conduct that would constitute a criminal offense, or otherwise violate any local, state, federal, or non-U.S. law, order, or regulation; post, store, send, transmit, or disseminate any information or material which a reasonable person could deem to be unlawful;
upload, post, publish, transmit, reproduce, create derivative works of, or distribute in any way information, software or other material obtained through the Broadband Service or otherwise that is protected by copyright or other proprietary right, without obtaining any required permission of the owner;
collect, or attempt to collect, personal information about third parties without their consent; transmit unsolicited bulk or commercial messages commonly known as “spam;” send voluminous copies of the same or substantially similar messages, empty messages, or messages which contain no substantive content, or send very large messages or files that disrupts a server, account, blog, newsgroup, chat, or similar service; initiate, perpetuate, or in any way participate in any pyramid or other illegal scheme;
participate in the collection of voluminous amounts of e-mail addresses, screen names, or other identifiers of others (without their prior consent), a practice sometimes known as spidering or harvesting, or participate in the use of software (including “spyware”) designed to facilitate this activity; collect responses from unsolicited bulk messages; falsify, alter, or remove message headers; falsify references to NEXSTREAM or its network, by name or other identifier, in messages; impersonate any person or entity, engage in sender address falsification, forge anyone else’s digital or manual signature, or perform any other similar fraudulent activity (for example, “phishing”); violate the rules, regulations, terms of service, or policies applicable to any network, server, computer database, service, application, system, or Web site that you access or use.
C. Technical Restrictions
No user of the Broadband Service, Customer Equipment, or the NEXSTREAM Equipment may, individually or in combination with another: use the internet service or facilities for web-hosting, e-mail hosting, or other unusually high-bandwidth consumption unless you have made special subscription arrangements with NEXSTREAM 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 NEXSTREAM or any third party, except that you may make one copy of each software program for back-up purposes only; distribute programs that make unauthorized changes to software (cracks); use or run dedicated, stand-alone equipment or servers from the Premises that provide network content or any other services to anyone outside of your Premises local area network (“Premises LAN”), also commonly referred to as public services or servers. Examples of prohibited equipment and servers include, but are not limited to, e-mail, Web hosting, file sharing, and proxy services and servers; service, alter, modify, or tamper with NEXSTREAM Equipment or Broadband Service or permit any other person to do the same who is not authorized by NEXSTREAM.
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 NEXSTREAM that connect to the Broadband Service from external threats such as viruses, spam, bot nets, and other methods of intrusion.
B. NEXSTREAM’s Rights
NEXSTREAM 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 NEXSTREAM’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 NEXSTREAM nor any of its affiliates, suppliers, or agents have any obligation to monitor transmissions or postings (including, but not limited to, e-mail, file transfer, blog, newsgroup, and instant message transmissions) made on the Broadband Service. However, NEXSTREAM 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 of NEXSTREAM’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 and in accordance with NEXSTREAM’s Open Internet Compliance Statement.
1. Email and Web-Hosting Services
Unsolicited Email Prohibited – You may not use NEXSTREAM-hosted email addresses for the purpose of sending unsolicited email. You may not use or cause to be used NEXSTREAM’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 NEXSTREAM’s network addresses or NEXSTREAM-hosted web or email services are in any way identified as being associated with the sending of unsolicited email.
Unauthorized use, or forging, of mail header information (e.g. “spoofing”) is prohibited.
Fraudulent Activity Prohibited – You may not use the NEXSTREAM email and web-hosting services to make fraudulent offers to sell or buy products, items, services, or to advance any type of financial scam such as “pyramid schemes,” “Ponzi schemes,” or “chain letters.” You may not use techniques to hide or obscure the source of any e-mail or other communications.
NEXSTREAM reserves the right to suspend or delay delivery of email to Customer utilizing NEXSTREAM 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 NEXSTREAM. Stored mail exceeding these limits may be transferred to a compressed file at NEXSTREAM’s discretion. NEXSTREAM will attempt to notify the account holder via the account contact information on record; however, NEXSTREAM reserves the right to delete the contents of such email boxes upon thirty (30) days after attempted notification.
The Broadband Service may not be used to communicate or distribute e-mail or other forms of communications in violation of Section I of this AUP. As described below in Section III of this AUP. NEXSTREAM 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).
NEXSTREAM is not responsible for deleting or forwarding any e-mail sent to the wrong e-mail address by you or by someone else trying to send e-mail to you. NEXSTREAM is also not responsible for forwarding e-mail sent to any account that has been suspended or terminated. This e-mail will be returned to the sender, ignored, deleted, or stored temporarily at NEXSTREAM’s sole discretion. In the event that NEXSTREAM believes in its sole discretion that any subscriber name, account name, or e-mail address (collectively, an “identifier”) on the Broadband Service may be used for, or is being used for, any misleading, fraudulent, or other improper or illegal purpose, NEXSTREAM (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, NEXSTREAM may at any time reserve any identifiers on the Broadband Service for NEXSTREAM’s own purposes. In the event that a Broadband Service account is terminated for any reason, all e-mail associated with that account (and any secondary accounts) will be permanently deleted as well.
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. NEXSTREAM assumes no responsibility for the timeliness, mis-delivery, deletion, or failure to store these messages. In the event that a Broadband Service account is terminated for any reason, all instant, video, and audio messages associated with that account (and any secondary accounts) will be permanently deleted as well.
3. Personal Web Pages and File Storage
As part of the Broadband Service, NEXSTREAM provides access to personal Web pages and storage space through the Personal Web Pages and Online Storage features (collectively, the “Personal Web Features”). You are solely responsible for any information that you or others publish or store on the Personal Web Features. You are also responsible for ensuring that all content made available through the Personal Web Features 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. NEXSTREAM 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. NEXSTREAM may remove or block content contained on your Personal Web Features and terminate your Personal Web Features and/or your use of the Broadband Service if we determine that you have violated the terms of this AUP.
III. Network Management and Limitations on Data Consumption
NEXSTREAM manages its network with the goal of delivering a fast, safe and uncompromised broadband internet experience to all of its customers. But, high-speed bandwidth and network resources are not unlimited. Managing the network is essential for the promotion of best possible Broadband internet experience by all of NEXSTREAM’s customers. The company uses reasonable network management practices that are consistent with industry standards. NEXSTREAM 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.
All broadband internet service providers manage their networks. Many of them use the same or similar tools that NEXSTREAM does. If the company didn’t manage its network, its customers would be subject to the negative effects of spam, viruses, security attacks, network congestion, and other risks and degradations of service. By engaging in responsible network management including enforcement of this AUP, NEXSTREAM can deliver the best possible broadband internet experience to all of its customers. Please review the Open internet Compliance Statement posted on NEXSTREAM’s website for more detailed and the most current information.
A. Network Management
NEXSTREAM uses various tools and techniques to manage its network, deliver the Broadband Service, and ensure compliance with this AUP and the Subscriber Agreement. These tools and techniques are dynamic, like the network and its usage, and can and do change frequently. NEXSTREAM’s network management practices may include (i) identifying spam and preventing its delivery to customer e-mail accounts, (ii) detecting malicious internet traffic and preventing the distribution of viruses or other harmful code or content, (iii) temporarily lowering the priority of traffic for users who are the top contributors to current network congestion, and (iv) using other tools and techniques that NEXSTREAM may be required to implement in order to meet its goal of delivering the best possible broadband internet experience to all of its customers.
B. Network Usage and Data Consumption Restrictions
You acknowledge that all of the NEXSTREAM internet services are intended for periodic, active use of email, user newsgroups, transfers via FTP, internet chat, internet games, and browsing of the internet. You must comply with all current bandwidth, data storage, and other limitations on NEXSTREAM’s internet Services established by NEXSTREAM and NEXSTREAM suppliers. You agree not to intentionally use NEXSTREAM’s internet Services on a standby or inactive basis in order to maintain a connection. The excessive use or abuse of NEXSTREAM’s network resources by one Customer may have a negative impact on all other Customers. Accordingly, you may not use NEXSTREAM’s internet Services 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 by NEXSTREAM’s sole discretion. Such prohibited actions include, but are not limited to: using NEXSTREAM’s internet Services to host a web server site which attracts excessive traffic at your location, continuously uploading or downloading streaming video or audio, use net hosting, continuous FTP uploading or downloading, or acting in a manner that negatively effects other users’ ability to engage in real time exchanges and use of NEXSTREAM’s internet Services. The Residential Broadband Service is for personal and non-commercial Residential use only. Therefore, NEXSTREAM reserves the right to suspend or terminate Residential Broadband Service accounts where data consumption is not characteristic of a typical Residential user of the Broadband Service as determined by NEXSTREAM 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”), and (ii) 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 NEXSTREAM 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 NEXSTREAM’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, NEXSTREAM 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. NEXSTREAM may also provide versions of the Broadband Service with different speed and data consumption limitations, among other characteristics, subject to applicable Broadband Service plans.
NEXSTREAM’s determination of the data consumption for Broadband Service accounts is final.
IV. Violation of this Acceptable Use Policy
NEXSTREAM 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.
NEXSTREAM 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. NEXSTREAM has no obligation to monitor the Broadband Service and/or the network. However, NEXSTREAM 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 NEXSTREAM users.
NEXSTREAM prefers to inform customers of inappropriate activities and give them a reasonable period of time in which to take corrective action. NEXSTREAM also prefers to have customers directly resolve any dNEXSTREAMutes or disagreements they may have with others, whether customers or not, without NEXSTREAM’s intervention. However, if the Broadband Service is used in a way that NEXSTREAM or its suppliers, in their sole discretion, believe violates this AUP, NEXSTREAM 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 NEXSTREAM nor its affiliates, suppliers, nor agents will have any liability for any of these responsive actions. These actions are not NEXSTREAM’s exclusive remedies and NEXSTREAM may take any other legal or technical actions it deems appropriate with or without notice.
NEXSTREAM 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 NEXSTREAM’s servers and network. During an investigation, NEXSTREAM may suspend the account or accounts involved and/or remove or block material that potentially violates this AUP. You expressly authorize and consent to NEXSTREAM 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, NEXSTREAM is authorized to delete any files, programs, data, e-mail and other messages associated with your account (and any secondary accounts).
The failure of NEXSTREAM or its suppliers to enforce this AUP, for whatever reason, shall not be construed as a waiver of any right to do so at any time. You agree that if any portion of this AUP is held invalid or unenforceable, that portion will be construed consistent with applicable law as nearly as possible, and the remaining portions will remain in full force and effect. You agree to indemnify, defend and hold harmless NEXSTREAM 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.
Internet Transparency Statement
Internet Transparency Statement of NEXSTREAM
Since 2010, the Federal Communications Commission (“FCC”) has issued a series of orders and rules to preserve the internet as an open platform. These original transparency rules went into effect on November 20, 2011 to “publicly disclose accurate information regarding the network management practices, performance, and commercial terms of its broadband Internet access services sufficient for consumers to make informed choices.” In July 2014, the FCC Enforcement Decision issued a further Advisory Guidance clarifying that a provider’s advertising claims must match its posted disclosure statement. On December 14, 2017, the FCC issued its Restoring Internet Freedom Order re-categorizing broadband internet services as information services covered by Title I of the Telecommunications Act of 1996 and clarifying the requirements for a provider’s “Internet Transparency Statement.” The following rule summarizes the FCC’s requirements:
Any person providing broadband Internet access service shall publicly disclose accurate information regarding the network management practices, performance, and commercial terms of its broadband Internet access services sufficient to enable consumers to make informed choices regarding the purchase and use of such services and entrepreneurs and other small businesses to develop, market, and maintain Internet offerings. Such disclosure shall be made via a publicly available, easily accessible website or through transmittal to the Commission. FCC Restoring Internet Freedom Order at par. 215
The FCC’s rules require internet service providers to disclose the following practices:
• Transparency. Fixed and mobile broadband providers must disclose the reasonable network management practices, performance characteristics, and terms and conditions of their broadband services;
• Blocking. Any practice (other than reasonable network management elsewhere disclosed) that blocks or otherwise prevents end user access to lawful content, applications, service, or non-harmful devices, including a description of what is blocked.
• Throttling. Any practice (other than reasonable network management elsewhere disclosed) that degrades or impairs access to lawful Internet traffic on the basis of content, application, service, user, or use of a non-harmful device, including a description of what is throttled.
• Affiliated Prioritization. Any practice that directly or indirectly favors some traffic over other traffic, including through use of techniques such as traffic shaping, prioritization, or resource reservation, to benefit an affiliate, including identification of the affiliate.
• Paid Prioritization. Any practice that directly or indirectly favors some traffic over other traffic, including through use of techniques such as traffic shaping, prioritization, or resource reservation, in exchange for consideration, monetary or otherwise.
• Congestion Management. Descriptions of congestion management practices, if any. These descriptions should include the types of traffic subject to the practices; the purposes served by the practices; the practices’ effects on end users’ experience; criteria used in practices, such as indicators of congestion that trigger a practice, including any usage limits triggering the practice, and the typical frequency of congestion; usage limits and the consequences of exceeding them; and references to engineering standards, where appropriate.
• Application-Specific Behavior. Whether and why the internet service provider blocks or rate-controls specific protocols or protocol ports, modifies protocol fields in ways not prescribed by the protocol standard, or otherwise inhibits or favors certain applications or classes of applications.
• Device Attachment Rules. Any restrictions on the types of devices and any approval procedures for devices to connect to the network.
• Security. Any practices used to ensure end-user security or security of the network, including types of triggering conditions that cause a mechanism to be invoked (but excluding information that could reasonably be used to circumvent network security).
Blocking and Prioritization
NEXSTREAM does not block lawful content, applications, services, or non-harmful devices. OR, if applicable, describe all types of traffic that are blocked, for example torrents, Port 25, etc.
NEXSTREAM does not throttle lawful content, applications, services, or non-harmful devices. Or if applicable, describe all types of traffic that are automatically subject to throttling regardless of network management practices.
Affiliated Prioritization: NEXSTREAM does not prioritize its or its affiliates services over any others subscribed to or chosen by its customers. Or if applicable, describe all traffic subject to prioritization from affiliated entities, such as VoIP or OTT video.
NEXSTREAM is a net neutral provider of broadband internet services and all associated services provided over the user’s internet connection. Or if applicable, describe all traffic subject to paid prioritization from unaffiliated entities. NEXSTREAM does engage in congestion management to ensure the best user experience across its customer base and those are described below.
Traffic subject to congestion management practices:
All traffic is treated equally and subject to congestion management practices regardless of content or service. Or, describe how the NEXSTREAM manages traffic.
Purposes served by congestion management practices:
To provide all customers reliable internet access during peak usage hours. Or describe other rationale.
Criteria used in determining congestion management practices:
“Not applicable.” Or, describe how any congestion management practices work and when they are triggered.
At this time, NEXSTREAM does not limit bandwidth usage. Or describe any usage limits/tiers, costs.
Application-Specific Behavior: NEXSTREAM does not block internet traffic regardless of protocols, applications, ports, or devices except to protect the network and customers. Or describe any usage limits/tiers, costs.
Device Attachment Rules: NEXSTREAM has no restrictions on types of devices attached to its network. Or, describe any restrictions such as requiring use of NEXSTREAM-provided CPE/routers, etc.
Security: NEXSTREAM uses various tools and methods to protect the security of its network and, in turn, its customers. NEXSTREAM has implemented several network-based security tools designed to identify and block malicious activity. NEXSTREAM monitors for unusual login, firewall, and other specific malicious network activity on its network. NEXSTREAM employs various practices which include temporarily blocking certain traffic if malicious activity is detected, if traffic volumes exceed certain baseline metrics, if the source of the traffic is potentially harmful to its customers, or if traffic is known to be associated with illegal behavior. NEXSTREAM may block specific ports, internet protocol addresses, and cancel or suspend customer accounts used to host malicious websites, send phishers or spam, launch malicious attacks, or attempt to steal customer information. In order to maintain the integrity of its network and security programs, NEXSTREAM does not disclose the specific details about its security tools and methods. And/or, describe any specific practices as to how the NEXSTREAM ensures end-user security or security of the network. Specifically, describe the types of triggering conditions that cause a security mechanism to be implemented. No information is required here that would be potentially useful for someone to bypass the security measures, however.
Disruptions: NEXSTREAM does not guarantee uninterrupted service. NEXSTREAM will not and cannot be responsible for any disruption of service due to power outages, equipment malfunctions, customer-induced issues, or any natural or unnatural causes beyond NEXSTREAM control. NEXSTREAM will make every reasonable effort to restore service as quickly as possible. NEXSTREAM does not guarantee a refund or service credit for loss of service. The Subscriber acknowledges and agrees that the service is not intended to be, and will not be used as, your primary or “life-line” telecommunications service. Or edit as needed.
NEXSTREAMs must disclose the following network performance characteristics:
NEXSTREAM provides fixed wireless broadband service using unlicensed frequencies. Broadband service is delivered via a network of access points and backhaul radios installed on various towers that connect to NEXSTREAM’s internet access equipment and redundant transport paths. Customer premise equipment sends and receives internet from the access point on the tower. Add any information that is relevant, such as fiber or other wireline network deployed.
Access Speed and Latency:
All NEXSTREAM service offerings are described as “best-effort” and are not guaranteed. Actual bandwidth availability for any customer may vary depending on peak usage times, access point capacity, and customer owned equipment.
Latency on NEXSTREAM’s wireless network is well below 100ms at all times with normal ranges between 30-40 ms. Latency is dependent on the type and number of customer owned equipment, peak usage times, and temporary external interference. Add any additional information for landline network if applicable. Or adjust per your network’s performance characteristics.
NEXSTREAM’s fixed wireless broadband service is suitable for real time applications such as VOIP, Gaming, remote desktop, VPN, etc. Or edit as needed.
Impact of Specialized Services: NEXSTREAM is a VoIP service reseller. Except for VOIP service, NEXSTREAM does not provide any other specialized service. VOIP bandwidth is shared with other devices on a customer’s purchased Internet package. A customer’s broadband Internet access may be affected while using their VOIP service. Change to “(Not applicable”) if not offering VoIP or any other specialized services such as IPTV, NEXSTREAM-provided video streaming, remote desktop, etc.)
Impact of Non-Broadband Internet Access Service Data Services: None. Or If applicable, what non-broadband Internet access service data services, if any, are offered to end users, and whether and how any non-broadband Internet access service data services may affect the last-mile capacity available for, and the performance of, broadband Internet access service.
Internet service providers must disclose the commercial terms of their broadband Internet access service including those listed below.
Pricing: NEXSTREAM will only install Internet service after our technicians have determined that the signal quality is adequate. Service availability is subject to signal quality, terrain, physical obstruction, and local interference. Provide pricing information applicable to broadband Internet access services. You may point to your website to a page that dNEXSTREAMlays pricing. For example, monthly prices, usage-based fees, and fees for early termination or additional network services.
Terms of Payment: All service charges are billable in advance and due upon receipt. A late charge of 5% of the unpaid balance or a minimum of $5.00 will be charged on all accounts not paid by the 10th of the current month. If payments are not received by the 25th of the month, NEXSTREAM may suspend service without further notice. Restoration of service shall be subject to payment by the subscriber of all amounts in arrears plus a $25.00 reconnect fee. This is just an example. Feel free to edit as needed.
Early Termination Fee: To cancel service prior to the end of this agreement term, the subscriber must provide NEXSTREAM 30 days advance notice of cancellation. Subscriber is subject to a $150 early cancellation fee. Should the service degrade beyond NEXSTREAM’s control and NEXSTREAM is unable to restore service, then NEXSTREAM will waive the contract and will not charge an early termination fee. All installation and past service fees are non-refundable. Or edit as needed.
Taxes, fees, & other assessments: Subscriber is fully responsible for all federal, state and local taxes, fees, surcharges, and other assessments that are imposed on the services and equipment. This Agreement sets forth the entire agreement of the parties and may be amended only in writing signed by the party to be bound thereby. Failure to pay any charge due NEXSTREAM or to return NEXSTREAM’s equipment shall entitle NEXSTREAM to take legal action to recover the same, and Subscriber will be liable for and shall pay NEXSTREAM (i) all expenses incurred in connection with collection of all amounts in arrears and (ii) reasonable attorney fees of 25% of the balance owed to NEXSTREAM. Or describe NEXSTREAM’s practices.
Redress Options: NEXSTREAMX will expeditiously address all customer complaints. Customers can contact our office by phone at XXX.XXX.XXXX or may send email to NEXSTREAM@NEXSTREAM.com. Or, please describe the NEXSTREAM’s practices for resolving end-user and edge provider complaints and questions.
If a customer believes that this Internet Transparency Statements terms are not being met, the customer may file an informal complaint at the Federal Communications Commission. The FCC urges customers to submit any complaints following these instructions at the following address: https://consumercomplaints.fcc.gov/hc/en-us/articles/115002206106. Customers may also file a formal complaint at the FCC using Part 76 of the Commission’s rules.
These internet transparency rules, as adopted are not intended to affect, alter or otherwise supersede the legal status of cooperative efforts by broadband internet access service providers and other service providers that are designed to curtail infringement in response to information provided by rights holders in a manner that is timely, effective, and accommodates the legitimate interests of the company, rights holders, and end users. Furthermore, these rules do not prohibit the company from making reasonable efforts to address the transfer of unlawful content or unlawful transfers of content. Moreover, NEXSTREAM reserves the right to cooperate with law enforcement investigations upon proper legal notice and procedures.
Thank you for visiting the 4IP Technology and Media DBA Nexstream (“NEXSTREAM”) website and/or using NEXSTREAM’s services. We are committed to maintaining your online privacy and make every effort to ensure that your rights are protected. These guidelines are subject to change without prior notice. It is therefore recommended that you refer back to them periodically.
Policy Overview. This Notice tells you our policies regarding:
• The kinds of personally identifiable information we collect;
• How we use that information;
• The nature, frequency and purpose of any disclosure we may make of that information and the types of persons and entities to which the disclosure may be made;
• The period during which we will keep that information;
• The choices available to you regarding collection, use and disclosure of that information, including the times and place at which you may have access to that information; and
• Certain rights you may have regarding that information.
Personally Identifiable Information
Information is “personally identifiable” if it can be used to identify or contact an individual, such as his or her name and address or telephone number. It also includes information that links data about an individual’s activities or history to that individual, such as the combination of the individual’s name with the fact that he or she purchased a specific product online, so that someone else with access to the combined information could learn that the named person bought the particular item. Information that does not permit an individual to be identified or contacted and that does not permit information about his or her activities or history to be linked to him or her is not “personally identifiable information.” Among other things, this means that if we separate data about your activities from your name or other data that identifies you, then that data is no longer “personally identifiable information.” For example, we might compile data we have about our NEXSTREAM broadband internet customers into aggregate or other anonymous forms, such as the monthly average number of customers who use the service to visit travel-related websites.
Our policies described in this Notice apply to personally identifiable information about you that you furnish to us or that we otherwise collect in the course of providing you with one of our services. Those policies apply to such information whether we obtain it “online” (such as when you subscribe for services on a website we operate) or “offline” (such as when you subscribe for our service using the telephone or a paper order form). Some of our services, including our internet access service allow you to interact with companies and individuals that are independent of NEXSTREAM. By using those services, you may enable these companies or individuals to independently learn personally identifiable information about you. The policies in this Notice do not apply to personally identifiable information or other information that you provide to any of these third parties or that they collect independently of us. These third parties may not be obligated to comply with NEXSTREAM’s privacy policies. They may have their own privacy policies, but NEXSTREAM is not responsible or liable to you if such third parties do not have appropriate policies or if they fail to follow those policies.
The Kinds of Personally Identifiable Information We Collect and How We Use It
In order to provide our services to you, we keep business records that contain personally identifiable information about you, including but not limited to the following:
• Your name, home and work e-mail and postal addresses, telephone numbers, social security number, driver’s license number, credit or debit card numbers and expiration dates and bank account information for billing purposes, payment history and credit reports;
• Depending on the services we provide to you, information on the number, location within your home and configuration of modems, personal computers, telephones or other service-related equipment or devices in your home;
• Maintenance and repair records for the equipment in your home used for the services;
• The services and service options you select and, in the case of any service where you have a choice of whether or not to use a particular feature, program or offering, the information transmitted through our facilities or that you otherwise communicate to us in order to make a choice;
• Information about your satisfaction or usage of a service that we obtain from subscriber interviews or questionnaires or other feedback from you;
• A record of whether you rent or own your home so that we can obtain any permission required prior to installing our equipment;
• Subscriber correspondence (via e-mail or otherwise);
• A record of any violations and alleged violations of the agreements, terms, conditions or policies that govern your use of our services; and
• Other information that we need to render a service to you or conducting our business of providing that service.
In general, we use this personally identifiable information as necessary to render our services to you, to detect unauthorized reception of cable communications and for tax, legal, accounting and other purposes related to our business of providing our services to subscribers, including, but not limited to, the following:
• To make sure you are being billed properly and pay for the services you receive;
• To send you pertinent announcements about the NEXSTREAM services you receive;
• To improve the quality of NEXSTREAM’s services;
• To answer questions from subscribers such as troubleshooting; and
• To send promotional material or information to you about other products and services available from NEXSTREAM or others, subject to applicable law and any “opt-out” choice you make as described in this Notice.
We may also combine personally identifiable information that we obtain from you in the course of our business of providing a service to you with personally identifiable information that we obtain from third parties for the purpose of creating an enhanced personal database to use in marketing and other activities.
Information Collected and Stored Automatically
As a visitor to our site, your IP address is automatically collected primarily to track the number of computers used to visit our site, the pages visited most often, the timeframe used most frequently and other trends. This statistical data is gathered to analyze the information most frequently requested by the public and how NEXSTREAM can best provide it. We destroy the information we collect when the purpose for which it was provided has been fulfilled.
Personal Information You Provide
If you send us e-mail or fill out forms online that contain personally identifiable information, we use that information only to respond to you or to process the requested transaction. Information may be redirected to another party within NEXSTREAM who may be better able to handle your inquiry. NEXSTREAM does not collect personal information for commercial marketing purposes or disclose that information to third parties unless required by law.
Disclosure of Records
NEXSTREAM is subject to a variety of laws, including actions such as court orders or subpoenas which may require the release of certain information.
NEXSTREAM is concerned with the security of the data we have collected and has in place reasonable measures to prevent unauthorized access to that data. This website uses SSL 128-bit encryption to secure your personal information.
This site contains links to other sites. NEXSTREAM is not responsible for the privacy practices or the contents of the sites that link either from or to this site. It is recommended that you review each of their individual privacy policies before providing any personal information.
If you have questions about our Internet Privacy Guidelines, please feel free to write us at:
415 S Washington St
Fredericksburg, TX 78624
Terms of Service
4ip Technology and Media DBA Nexstream Internet Terms and Conditions of Service
Effective date: August 1, 2018
Thank you for choosing 4ip Technology and Media DBA Nexstream for your Internet needs. This document is important–please read it carefully.
THIS 4IP TECHNOLOGY AND MEDIA DBA NEXSTREAM INTERNET SERVICE TERMS AND CONDITIONS AND ALL DOCUMENTS REFERRED TO HEREIN (collectively the “Agreement”), IS A LEGAL CONTRACT BETWEEN THE CUSTOMER (“User”) AND 4ip Technology and Media DBA Nexstream (“NEXSTREAM”) AND SETS FORTH THE TERMS AND CONDITIONS BY WHICH NEXSTREAM WILL MAKE AVAILABLE THE SERVICES USER HAS ELECTED TO RECEIVE (“the Service(s)”). NEXSTREAM RESERVES THE RIGHT TO CHANGE OR MODIFY THIS AGREEMENT AT ANY TIME BY POSTING THE REVISED AND UPDATED AGREEMENT ON NEXSTREAM’S WEBSITE. NEXSTREAM MAY NOTIFY USER OF ANY CHANGE BY: POSTING NOTICE OF CHANGES ON NEXSTREAM’s WEBSITE; NOTIFYING USER BY EMAIL OR US MAIL; AND/OR NOTIFYING USER ON USERS MONTHLY BILLING STATEMENT. USER SHOULD REGULARLY REVIEW INFORMATION POSTED ON NEXSTREAM’S WEBSITE TO OBTAIN TIMELY NOTICE OF SUCH CHANGES. USER’S NON-TERMINATION OR CONTINUED USE OF SERVICES AFTER CHANGES ARE POSTED CONSTITUTES USER’S ACCEPTANCE OF THIS AGREEMENT AS MODIFIED BY THE POSTED CHANGES.
This Agreement takes effect once User’s order for Services has been accepted by NEXSTREAM and User accepts Services from NEXSTREAM. This Agreement shall continue until User’s Services are terminated in accordance with this Agreement. This Agreement governs both the Services and any equipment provided by NEXSTREAM and used in conjunction with the Service, such as Consumer Premises Equipment; an IP phone; Multimedia Terminal Adapter; Analog Telephone Adapter; or any other IP connection device (collectively, a “Device” or the “Equipment”).
Subject to the Service characteristics contained herein, NEXSTREAM shall provide Internet connections between the NEXSTREAM provided wireless or wired Equipment and NEXSTREAM’s Internet backbone. Internet connections are provided as “up-to” the speeds advertised within the Service plan purchased by User reflecting performance under ideal conditions. NEXSTREAM reserves the right to interrupt those speeds if necessary for Equipment upgrades and network maintenance, and will do its best to inform User of any such interruptions ahead of time. NEXSTREAM shall have the unrestricted right to engage subcontractors in rendering Services under this Agreement. All Nexstream plans subject to change at any time under the discretion of NEXSTREAM.
As a condition of use of the Service, User warrants to NEXSTREAM that User will use the Service in accordance with the Broadband Internet Acceptable Use Policy of NEXSTREAM as it may be updated from time to time. The transfer of technology across national boundaries, including electronic transmission thereof, is regulated by the U.S. Government. User agrees not to export, import or re-export, (including, without limitation by way of electronic transmission) any technology transmitted through NEXSTREAM without first obtaining any required export license or governmental approval. User agrees it will not directly or indirectly export or re-export such technology to any of those countries listed from time-to-time in supplements to Part 770 to Title 15 of the Code of Federal Regulations in Country Groups Q, S, W, Y or Z. The parties acknowledge that the foregoing lists are subject to regulatory change from time to time. NEXSTREAM will cooperate fully with legal authorities in the investigation of suspected crimes or service abuses. User agrees to indemnify and hold harmless NEXSTREAM, its agents and representatives, from any and all claims, costs, losses, damages, liabilities and expenses, including reasonable attorneys’ fees for any reason whatsoever, including without limitation, any harm, injury, loss or damage incurred by NEXSTREAM, or any other party, arising out of User’s breach of either this lawful use provision or NEXSTREAM’s Broadband Internet Acceptable Use Policy.
COPYRIGHT, TRADEMARK, UNAUTHORIZED USAGE OF DEVICE, FIRMWARE OR SOFTWARE
The Service, any Devices or Equipment, and any firmware or software used to provide the Service or provided to the User in conjunction with providing the Service, or embedded in the Devices or Equipment, and all Services, information, documents and materials on NEXSTREAM Websites are protected by trademark, copyright or other intellectual property laws and international treaty provisions. All of NEXSTREAM’s websites, corporate names, service marks, trademarks, trade names, logos and domain names (collectively “marks”) are and will at all times remain the exclusive property of NEXSTREAM. Nothing in this Agreement grants User the right or license to use any NEXSTREAM marks. User has not been granted any license to use the firmware or software used to provide the Service or provided to the User in conjunction with providing the Service, or embedded in any Devices or NEXSTREAM Inc. Equipment, other than a nontransferable, revocable license to use such firmware or software in object code form (without making any modification thereto) strictly in accordance with the terms and conditions of this Agreement. User expressly agrees that any Device or Equipment is exclusively for use in connection with the Service and that NEXSTREAM will not provide any passwords, codes or other information or assistance that would enable User to use such Device or Equipment for any other purpose. NEXSTREAM reserves the right to prohibit the use of any interface equipment that NEXSTREAM has not provided to the User. User hereby represents and warrants that User possess all required rights, including software and/or firmware licenses, to use any interface equipment that NEXSTREAM has not provided to User. In addition, User shall indemnify and hold NEXSTREAM harmless against any and all liability arising out of User’s use of such interface equipment with the Service. User shall not reverse compile, disassemble or reverse engineer or otherwise attempt to derive the source code from the binary code of the firmware or software. User shall not change the electronic serial number or equipment identifier of any Device or perform a factory reset of any Device without prior written consent from NEXSTREAM. NEXSTREAM reserves the right to terminate User’s Service if NEXSTREAM believes, in NEXSTREAM’s sole and absolute discretion, that User has tampered with any Device. In the event of such termination, User will remain responsible for any termination fees as provided for in this Agreement. User shall not attempt to hack or otherwise disrupt the Service or make any use of the Service that is inconsistent with its intended purpose.
User can best control the risks associated with security, and are therefore solely responsible for maintaining and upholding the account security of their Service. NEXSTREAM will not be responsible for any disruption of Service, corrupted files or viruses which affect the User of the Service. It is User’s responsibility to safeguard User’s network and equipment through appropriate means (e.g. using commercially available software), from theft, unauthorized use or system corruption. Any detriment caused to the network as a result of User’s failure to properly secure User’s network and devices may result in the immediate termination of User’s Service. User is entirely responsible for any actions, damages, or costs incurred via their account, regardless of who is using that account.
The Service is subject to availability as it is contingent on available NEXSTREAM facilities and unique signal path conditions between such facilities and the User premises. Due to the nature of the Service technology, NEXSTREAM reserves the right to deem the Service unavailable to the User up to, including, and after the installation. NEXSTREAM assumes no liability whatsoever for any claims, damages, losses or expenses arising out of or otherwise relating to the unavailability of the Service in User’s geographical area, for any reason, even where such unavailability occurs after installation of the Service.
NEXSTREAM offers Service plans with more details available at www.joinNEXSTREAM.com. Service plans are subject to availability and may include other promotional terms and conditions. If User changes or upgrades their Service plan, any special or other promotions may be subject to discontinuance or removal.
Speed is a function of the traffic experienced upon the wider network architecture of the Internet itself. NEXSTREAM Services are provided as “up-to” speeds and NEXSTREAM does not guarantee the maximum Service performance (throughput speeds) levels. NEXSTREAM will make every reasonable effort to ensure that Users receive the speeds under the Service plan they signed up for throughout most of a User’s daily use and reflecting performance under ideal conditions. NEXSTREAM is not responsible for speeds from points anywhere else on the internet and User understands that content that User may access through the Service may be subject to “caching” or several other factors that are beyond NEXSTREAM’s control.
Depending on the Service plan signed up for, an account will have a standard quota for disk space and data usage. At NEXSTREAM’s discretion, additional quota may be added to such an account for a recurring fee, based on NEXSTREAM’s then-current rates. Data usage on an account above User’s limit will result in additional fees as set forth in the Additional Fee Statement (as defined herein).
User understands, acknowledges and agrees that NEXSTREAM may use various tools and techniques in order to efficiently and reasonably manage its networks as provided in NEXSTREAM’s Open Internet Compliance Statement which may be updated from time to time. Consistent with its Open Internet Compliance Statement, NEXSTREAM may employ traffic-management technology to allocate bandwidth across all of its customers and has the right at all times and without notice to remove, restrict access to or make unavailable any information or content residing on NEXSTREAM’s servers.
Internet Protocol (“IP”) addresses are not portable and are not assigned for independent administration or distribution. Customer understands that IP assignments are not guaranteed, and may be modified as required by NEXSTREAM and/or the American Registry for Internet Numbers (ARIN).
NEXSTREAM will provide User the authorized wireless or wired Equipment for use with the NEXSTREAM Service. Only NEXSTREAM Consumer Premises Equipment (“CPEs”) are permitted and authorized to be connected to the Service. NEXSTREAM will own the CPE installed at the User location, and will monitor and upgrade said CPE as NEXSTREAM determines to be necessary and appropriate.
It is User’s responsibility to ensure that User’s computer system meets the current minimum system requirements stated by NEXSTREAM as being necessary to use the Service. From time to time, the computer equipment required to access and use the Service may change. Accordingly, User’s computer equipment may cease to be adequate to access the Service. In such event, User’s sole remedy will be to upgrade computer equipment or terminate this Agreement. It is possible for hardware and software below NEXSTREAM’s stated minimum requirements to work on NEXSTREAM’s network. However, NEXSTREAM does not guarantee service with hardware lower than the following requirements and the use of older software can expose User and User’s data to viruses and other security risks.
● Windows System Desktop or Laptop Microsoft Windows 7 or newer; Pentium Processor 1 GHz, or equivalent, 1 GB of memory (RAM), 16 GB of free hard drive space, 16bit colors at 1024×768 resolution, and Ethernet card (NIC) or WAN Card (WiFi)
● Macintosh System MAC OS 10.6 or newer; Intel Core 2 Duo processor or newer, 2 GB of memory (RAM), 8 GB of free hard drive space, Ethernet or WiFi Card (NIC).
CANCELLATION / TERMINATION / CHANGE IN SERVICE
If User chooses to cancel the Service at any point after the order is placed, but before the Service has been activated, User will not be invoiced and will not be charged a processing fee. If User wishes to cancel the Service before Service has been activated, the User is required to notify NEXSTREAM of User’s intent to cancel prior to activation by calling NEXSTREAM customer service at 888-499-2613. User may terminate the Service at any time upon notice to NEXSTREAM. Termination is effective on the date you contact NEXSTREAM to cancel the Service or as of a future date designated by User or NEXSTREAM, provided NEXSTREAM can support such future date. HOWEVER, PAID CHARGES ARE NOT SUBJECT TO REFUND SO IF USER CANCELS SERVICE BEFORE THE END OF A BILLING CYCLE, THERE WILL BE NO PRO-RATED REFUNDS OR CREDITS FOR ANY PARTIAL-MONTH PERIODS REMAINING AFTER THE TERMINATION DATE. Upon a change or upgrade to a Service plan, any special or other promotions applied to User’s account may be subject to discontinuance or removal if such promotion is no longer available. Termination of the Service does not affect User’s obligations under this Agreement, including User’s obligation to pay all fees for Services rendered prior to termination. NEXSTREAM accounts must be paid in full before a cancellation will be considered complete. If all Equipment provided by NEXSTREAM is not returned within 30 days of cancellation or termination of Service, User agrees to pay NEXSTREAM the fees as set forth in the Additional Fee Statement (as defined herein). User authorizes NEXSTREAM and its agents to charge the Equipment replacement charge to any credit/debit card or electronic check on file with NEXSTREAM. If NEXSTREAM is unable to obtain a charge authorization for the full amount due, User agrees to provide alternative payment in the form of a money order, cashier’s check, or other certified bank check within 10 days of notification of the amount due. User bears all risk of loss of, theft of, casualty to or damage to the Equipment; from the time it is shipped to the User until the time (if any) when it is returned to NEXSTREAM in accordance with this agreement. Upon the termination of User’s Service, NEXSTREAM may, in its sole and absolute discretion, release to the User’s new service provider the telephone number that User ported (transferred or moved over) to NEXSTREAM from User’s previous service provider and used in connection with User’s service if: such new service provider is able to accept such number; User’s account has been properly terminated; User’s account is completely current, including payment for all charges and applicable termination fees; and User requests the transfer upon termination of the account.
TERMINATION AND SUSPENSION BY NEXSTREAM
Inappropriate use or abuse of the Services by User, as determined in the sole discretion of NEXSTREAM, may result in account suspension, termination, and/or legal action. Inappropriate use or abuse of NEXSTREAM Services by others can be traced, documented, and reported to appropriate authorities and may be prosecuted to the fullest extent of the law. NEXSTREAM may terminate your account immediately if it determines, in its sole discretion, that User has violated any of the provisions of this Agreement, including but not limited to NEXSTREAM’s Broadband Internet Acceptable Use Policy. NEXSTREAM reserves the right to unilaterally terminate or suspend an account at any time, without providing a reason. Further, NEXSTREAM may terminate User’s Service for any reason by providing written notice to User at least fifteen (15) days prior to the termination date. If User’s Service is terminated by NEXSTREAM for any reason, User will remain fully liable and responsible to pay any fees that are still owed to NEXSTREAM pursuant to this Agreement and for all costs NEXSTREAM incurs to collect such amounts, including, without limitation, collection costs and attorney’s fees.
FEES, PAYMENT AND BILLING FEES
Fees include, without limitation, set up or installation fees, monthly Service fees, monthly Equipment fees and other fees as set forth below. NEXSTREAM will invoice fees for Services and any Equipment in advance. User agrees to pay all federal, state or local taxes and fees arising under this Agreement. If, during the first thirty (30) days of service, the User is having service or quality issues with the Telephony Service and/or Internet Service which NEXSTREAM is not able to fix, the User may cancel the Service and NEXSTREAM, in its sole and absolute discretion, will refund all monies paid (including installation cost).
All NEXSTREAM Services are subject to additional fees, including, but not limited to overage charges, unreturned Equipment fees, early termination fees, upgrade fees, insufficient funds fees, late fees, and reconnect fees.
Payment Method and Timing
Accounts may be paid by electronic bank draft, money order, check or credit/debit card. User’s NEXSTREAM account will be considered delinquent if payment is rejected for any reason or if any unpaid balance remains on the account. Payment terms including due date and late payment policy is as set forth in the Additional Fee Statement. Payment is in advance of Service delivery for that month.
Late Fees and Service Interruption/Disconnect
NEXSTREAM shall charge User Late and other applicable fees to recover the costs of dealing with late payment situations. These fees are in addition to all other fees. Additionally, NEXSTREAM may interrupt or disconnect User’s Services for non-payment and User shall be subject to a Disconnect Fee. The late terms and associated charges are determined by the date payment is received by NEXSTREAM. At such time that NEXSTREAM determines that Equipment is to be retrieved from User, NEXSTREAM will call or email User to inform them that Equipment will be removed and retrieved. In all cases, if User wants to resume or reconnect Services, User’s account must be brought current.
Billing Disputes and Errors
Subject to applicable law, User may dispute any invoiced charge by contacting NEXSTREAM within thirty (30) days of the date of the NEXSTREAM disputed invoice. All invoiced charges shall be deemed correct and indisputable thirty (30) days after the date of the invoice on which they appear and User shall waive the right to dispute any charge after such period. NEXSTREAM’s obligation with respect to any billing errors resulting in User’s overpayment for Service is limited to granting invoice credits equal to the dollar amounts erroneously billed, subject to the above limitation.
User acknowledges and agrees that NEXSTREAM has the right to change its Service fees, additional fees, or add new fees at any time, upon notice to the User.
User acknowledges that User may incur User-initiated charges while using the Services. For example, charges may be incurred as a result of User accessing certain information, or purchasing or subscribing to certain offerings, via the Internet. User agrees that all such charges, including all applicable fees and taxes, shall be paid by User and are not the responsibility of NEXSTREAM.
INSTALLATION AND ACCESS TO USER’S PREMISES
NEXSTREAM will provide installation Services at the User premises at an agreed-upon price. As part of the installation process, modifications to the inside wiring in User’s house may be required, and User hereby consents to and authorizes any such modifications. User authorizes NEXSTREAM, and its employees, agents, contractors, and authorized representatives to enter User’s premises in order to install, maintain, inspect, repair and remove the Equipment and/or Services. If User is not the owner of the premises, upon request, User will supply NEXSTREAM with the owner’s name and address and written consent or other evidence that User is authorized to grant access to the premises on the owner’s behalf or NEXSTREAM may request permission from the owner to install the Services on the premises. This Agreement is contingent upon NEXSTREAM’s obtaining a right of entry onto the premises and NEXSTREAM shall not have any liability if access or right of entry to the premises is denied or limited for any reason. User will not remove Equipment from the premises, modify the Equipment in any way, or connect the Equipment to any outlet other than the outlet to which the Equipment was initially connected to by the NEXSTREAM installer. For such charges as NEXSTREAM may determine, NEXSTREAM may relocate the Equipment for User within the premises at User’s request.
MOVING AND RECONNECTION
If User moves during the term of this agreement and would like to relocate the Service, User must place a relocation request with NEXSTREAM. This request must contain the requested date of Service termination, plus the address and phone number of the new location, and, the prospective move-in date, and the requested transfer of Service date. Upon receipt of a request from User, NEXSTREAM will suspend all monthly fees from the requested termination date until Service relocation is completed. The maximum suspension is set forth in the Additional Fee Statement. Upon transfer of User’s account, User agrees to continue to comply with all terms and conditions of this Agreement and the Service plan originally agreed to. Billing cycle and Service Term will recommence upon activation of NEXSTREAM Service at the new location.
User shall be solely responsible for independent backup of any data files residing on NEXSTREAM computers or networks. NEXSTREAM reserves the right to remove/delete any personal files after an account is terminated or associated with prohibited activities. User shall notify NEXSTREAM immediately, in writing or by calling NEXSTREAM customer support line, if any Device is stolen or if User becomes aware at any time that User’s Service is being stolen, fraudulently used or otherwise being used in an unauthorized manner. When User calls or writes, User must provide an account number and a detailed description of the circumstances of the Device theft, fraudulent use or unauthorized use of Service. Failure to do so in a timely manner may result in the termination of User’s Service and additional charges. Until such time as NEXSTREAM receives notice of the theft, fraudulent use or unauthorized use, User will be liable for all use of the Service using a Device stolen from User and any and all stolen, fraudulent or unauthorized use of the Service. User will be liable for any and all liability that may arise out of the content transmitted by User or to any person, whether authorized or unauthorized, using User’s Service or Device. User shall assure that all use of the Service and content comply at all times with all applicable laws, regulations and written and electronic instructions for use. NEXSTREAM reserves the right to terminate or suspend User’s Services and remove any content from the Service, if NEXSTREAM determines, in its sole and absolute discretion, that such use or content does not conform to the requirements set forth in this Agreement or interferes with NEXSTREAM’s ability to provide Services to User or others. NEXSTREAM action or inaction under this Section will not constitute any review or approval of User’s use or content. User has been advised and acknowledges that the Internet may contain information, materials, and language that may be deemed adult in nature and inappropriate or offensive. The User is responsible for all information received, transmitted, and/or stored by the User and the User releases NEXSTREAM from and agrees to indemnify NEXSTREAM its officers, directors, agents and employees against any and all claims, losses or expenses relating to such information, materials and language. This indemnification shall survive any termination of this Agreement.
USER COMPLAINT RESOLUTION
NEXSTREAM is working to provide the best service possible and welcomes User’s ideas on how NEXSTREAM can improve the quality of our service. User can communicate User’s views to NEXSTREAM by calling (888-499-2613).
USER EXPRESSLY AGREES THAT USE OF THE SERVICES AND ANY EQUIPMENT IS AT USER’S SOLE RISK. THE SERVICES AND ANY EQUIPMENT PROVIDED TO THE USER BY NEXSTREAM ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS WITHOUT WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, ANY WARRANTY OF TITLE, NON-INFRINGEMENT, FITNESS FOR A PARTICULAR PURPOSE, OR MERCHANTABILITY. NEXSTREAM DOES NOT WARRANT (i) THE UNINTERRUPTED, TIMELY OR SECURE USE OF THE SERVICE; (ii) THAT THE FUNCTIONS CONTAINED IN THE SERVICES OR ANY EQUIPMENT WILL MEET USER’S REQUIREMENTS; (iii) THAT THE SERVICES WILL BE ERROR-FREE OR FREE OF ANY VIRUSES, WORMS, SPAM, POP-UP ADVERTISING, SPYWARE, ADWARE OR OTHER HARMFUL COMPOMNENTS; OR (iv) THAT ANY PERSONAL INFORMATION, NON PERSONAL INFORMATION, DATA OR FILES User SENDS OR RECEIVES VIA THE SERVICE WILL BE TRANSMITTED IN UNCORRUPTED FORM, WITHIN A REASONABLE TIME, OR FREE FROM UNAUTHORIZED ACCESS BY OTHERS OR THAT OTHER USERS WILL BE UNABLE TO GAIN ACCESS TO USER’S COMPUTER OR DEVICE. STATEMENTS AND DESCRIPTIONS CONCERNING THE SERVICE OR DEVICE, IF ANY, BY NEXSTREAM OR NEXSTREAM AGENTS OR INSTALLERS, WHETHER ORAL OR WRITTEN, ARE INFORMATIONAL ONLY AND ARE NOT GIVEN AS A WARRANTY OF ANY KIND. SOME STATES DO NOT ALLOW LIMITATIONS ON THE SCOPE OF A LIMITATION OF WARRANTY OR HOW LONG AN IMPLIED WARRANTY LASTS, SO THE ABOVE LIMITATIONS MAY NOT APPLY TO USER.
NEXSTREAM WARRANTS THAT IT WILL USE REASONABLE EFFORTS TO RENDER SERVICES PURSUANT TO THIS AGREEMENT IN A TIMELY, PROFESSIONAL AND WORKMANLIKE MANNER IN ACCORDANCE WITH TIMELINES ESTABLISHED HEREIN. ANY CLAIM FOR BREACH OF THE FOREGOING WARRANTY MUST BE BROUGHT WITHIN SIXTY (60) DAYS AFTER USER’S ACTUAL DISCOVERY OF ANY DEFECT AND PRIOR TO THE EXPIRATION OF SIX (6) MONTHS FROM THE DATE THE APPLICABLE SERVICES WERE RENDERED. NEXSTREAM WILL HAVE NO LIABILITY FOR ANY CLAIM MADE AFTER SUCH TIME. NEXSTREAM DOES NOT WARRANT, HOWEVER, THAT YOUR USE OF ANY SERVICES WILL BE UNINTERRUPTED OR THAT THE OPERATION OF THE SERVICES WILL BE ERROR-FREE OR SECURE. NEXSTREAM’S ENTIRE LIABILITY AND USER’S EXCLUSIVE REMEDY IN CASE OF BREACH OF THIS WARRANTY SHALL BE, AT NEXSTREAM’S SOLE OPTION, EITHER RETURN OF ALL OR A PORTION OF THE SERVICE FEES PAID FOR THE CURRENT MONTH OF SERVICE, OR REPLACEMENT OR REPAIR OF CONNECTION SERVICES OR PRODUCTS. THIS IS A LIMITED WARRANTY AND IS THE ONLY WARRANTY MADE BY NEXSTREAM. SOME STATES DO NOT ALLOW LIMITATIONS ON HOW LONG AN IMPLIED WARRANTY LASTS, SO LIMITATIONS MAY NOT APPLY TO THE USER. IF ANY UNAUTHORIZED MODIFICATIONS ARE MADE TO THE EQUIPMENT OR SERVICES BY USER DURING THE WARRANTY PERIOD, IF THE SERVICES OR PRODUCTS ARE SUBJECT TO ABUSE, ACCIDENT, IMPROPER USE, OR IF USER BREACHES THE TERMS OF THIS AGREEMENT, THEN THIS WARRANTY SHALL IMMEDIATELY BE TERMINATED. OTHER THAN WARRANTIES AS TO THE DEVICE EXPRESSLY SET FORTH IN THE DOCUMENTATION PROVIDED WITH THE DEVICE AND THE RETAIL CUSTOMER LIMITED WARRANTY EXPRESSLY SET FORTH THEREIN, NEXSTREAM MAKES NO WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED IN REGARDS TO THE DEVICE OR EQUIPMENT, AND SPECIFICALLY DISCLAIM ANY WARRANTY OF MERCHANTABILITY, FITNESS OF THE DEVICE FOR A PARTICULAR PURPOSE, TITLE OR NON-INFRINGEMENT OR ANY WARRANTY ARISING BY USAGE OF TRADE, COURSE OF DEALING OR COURSE OF PERFORMANCE OR ANY WARRANTY THAT THE DEVICE OR ANY FIRMWARE OR SOFTWARE IS “ERROR FREE” OR WILL MEET USER’S REQUIREMENTS. THE FOREGOING WILL NOT BE DEEMED TO LIMIT ANY DISCLAIMER OR LIMITATION OF WARRANTY SET FORTH IN THE DOCUMENTATION PROVIDED WITH THE DEVICE.
LIMITATION OF LIABILITY / DISCLAIMER OF LIABILITY
TO THE FULLEST EXTENT PERMITTED BY LAW, IN NO EVENT SHALL NEXSTREAM OR ITS AFFILIATES OR EACH OF THEIR RESPECTIVE MEMBERS, OFFICERS, DIRECTORS, EMPLOYEES, SHAREHOLDERS, REPRESENTATIVES, CONTRACTORS OR AGENTS OR ANY OF THEIR SUCCESSORS AND ASSIGNS BE LIABLE TO THE USER OR ANY THIRD PARTY WITH RESPECT TO THE SERVICE OR THE SUBJECT MATTER OF THIS AGREEMENT UNDER ANY CONTRACT, NEGLIGENCE, TORT, STRICT LIABILITY OR OTHER LEGAL OR EQUITABLE THEORY. SOME STATES DO NOT ALLOW THE EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE LIMITATIONS AND EXCLUSIONS HEREIN MAY NOT APPLY TO User. IF ANY PART OF THIS LIMITATION ON LIABILITY IS FOUND TO BE INVALID OR UNENFORCEABLE FOR ANY REASON, THEN THE AGGREGATE LIABILITY OF NEXSTREAM UNDER SUCH CIRCUMSTANCES FOR LIABILITIES THAT OTHERWISE WOULD HAVE BEEN LIMITED SHALL NOT EXCEED THE SERVICE CHARGES WITH RESPECT TO THE AFFECTED TIME PERIOD. ADDITIONALLY, NEXSTREAM WILL HAVE NO LIABILITY (i) FOR ANY AMOUNT IN EXCESS OF THE SERVICE CHARGES WITH RESPECT TO THE AFFECTED TIME PERIOD; (ii) FOR ANY THIRD-PARTY FEES OR CHARGES, INCLUDING BUT NOT LIMITED TO, BANKING FEES, OVERDRAFT FEES, MOBILE PHONE OR OTHER WIRE LINE CHARGES, TECHNICIAN CHARGES, OR OTHER SIMILAR CHARGES; (iii) FOR ANY INDIRECT, SPECIAL, INCIDENTAL, PUNITIVE, EXEMPLARY, OR CONSEQUENTIAL DAMAGES OF ANY KIND WHATSOEVER; (iv) FOR DATA LOSS OR COST OF PROCUREMENT OF SUBSTITUTE GOODS OR SERVICES; (v) FOR ANY DAMAGES OR LOSS DUE TO USER’S FAILURE TO BACK UP ANY EQUIPMENT OR ANY LACK OF OR BREACH OF SECURITY USER, OR ANY OTHER PARTY MAY EXPERIENCE OR BE EXPOSED TO WHILE USING THE SERVICE; (vi) FOR CUSTOMER”S USE OF THE SERVICE FOR OR IN CONNECTION WITH ANY HIGH-RISK OR UNLAWFUL USES, OR ANY USE THAT VIOLATES THIS AGREEMENT; OR (vii) FOR ANY MATTER BEYOND NEXSTREAM’S REASONABLE CONTROL. NEXSTREAM WILL NOT BE LIABLE FOR ANY DELAY OR FAILURE TO PROVIDE THE SERVICE, INCLUDING 911 DIALING, AT ANY TIME OR FROM TIME TO TIME, OR ANY INTERRUPTION OR DEGRADATION OF VOICE QUALITY THAT IS CAUSED BY ANY OF THE FOLLOWING: AN ACT OR OMISSION OF AN UNDERLYING CARRIER, SERVICE PROVIDER, VENDOR OR OTHER THIRD PARTY; EQUIPMENT, NETWORK OR FACILITY FAILURE; EQUIPMENT, NETWORK OR FACILITY UPGRADE OR MODIFICATION; FORCE MAJEURE EVENTS SUCH AS (BUT NOT LIMITED TO) ACTS OF GOD, ACTS OF NATURE, STRIKES, FIRE, WAR, RIOT, ACTS OF TERRORISM AND GOVERNMENT ACTIONS; EQUIPMENT, NETWORK OR FACILITY SHORTAGE; EQUIPMENT OR FACILITY RELOCATION; SERVICE, EQUIPMENT, NETWORK OR FACILITY FAILURE CAUSED BY THE LOSS OF POWER TO THE USER; OUTAGE OF, OR BLOCKING OF PORTS BY, User’s NEXSTREAM OR BROADBAND SERVICE PROVIDER OR OTHER IMPEDIMENT TO USAGE OF THE SERVICE CAUSED BY ANY THIRD PARTY; ANY ACT OR OMISSION BY USER OR ANY PERSON USING THE SERVICE OR DEVICE PROVIDED TO THE USER; OR ANY OTHER CAUSE THAT IS BEYOND NEXSTREAM’s CONTROL, INCLUDING, WITHOUT LIMITATION, A FAILURE OF OR DEFECT IN ANY DEVICE, THE FAILURE OF AN INCOMING OR OUTGOING COMMUNICATION, THE INABILITY OF COMMUNICATIONS (INCLUDING, WITHOUT LIMITATION, 911 DIALING) TO BE CONNECTED OR COMPLETED, OR FORWARDED. NEXSTREAM’S AGGREGATE LIABILITY UNDER THIS AGREEMENT WILL IN NO EVENT EXCEED THE SERVICE CHARGES WITH RESPECT TO THE AFFECTED TIME PERIOD. IN NO EVENT SHALL NEXSTREAM’S AGGREGATE LIABILITY UNDER OR ARISING OUT OF THIS AGREEMENT EXCEED THE AMOUNTS PAID BY USER FOR THE SERVICES IN THE TWELVE (12) MONTHS PRIOR TO THE INCIDENT GIVING NEXSTREAM TO A CLAIM. NOTWITHSTANDING THE FOREGOING, SOME JURISDICTIONS MAY NOT ALLOW A LIMITATION ON LIABILITY FOR NEGLIGENCE THAT CAUSES DEATH OR PERSONAL INJURY, AND NEXSTREAM LIMITS ITS LIABILITY IN SUCH JURISDICTIONS ONLY TO THE DEGREE ALLOWED BY APPLICABLE LAWS. EXCEPT FOR THE PAYMENT OF FEES DUE BY USER HEREUNDER, NEITHER PARTY WILL BE LIABLE FOR ANY FAILURE OR DELAY IN PERFORMANCE UNDER THE AGREEMENT WHICH MIGHT BE DUE, IN WHOLE OR IN PART, DIRECTLY OR INDIRECTLY, TO ANY CONTINGENCY, DELAY, FAILURE, OR CAUSE OF ANY NATURE BEYOND THE REASONABLE CONTROL OF SUCH PARTY, INCLUDING WITHOUT LIMITATION ACTS OF NATURE, COURT OR GOVERNMENT.
User agrees to defend, indemnify and hold NEXSTREAM its officers, directors, agents and employees harmless from any claims, losses and damages, including attorney’s fees, resulting from User’s violation of any of the provisions of this Agreement or User’s placement or transmission of any materials or content onto NEXSTREAM servers or through its network, or from any and all use of User’s account, with or without User’s knowledge or consent, or from all claims, damages, fines, penalties, costs and expenses (including, without limitation, attorney fees) related to any action taken by NEXSTREAM as part of NEXSTREAM investigation of a suspected violation of this Agreement or as a result of its conclusion that a violation of this Agreement has occurred, or to User’s use of or inability to use NEXSTREAM Services, Equipment, bundled software, Internet or VoIP, including, without limitation, 911 dialing.
User’s relationship with NEXSTREAM is that of an independent contractor. User is not an agent of NEXSTREAM, and User has no authority to obligate NEXSTREAM by contract or otherwise.
Third Party Beneficiaries
No provision of this Agreement provides any person or entity not a party to this Agreement with any remedy, claim, liability, reimbursement, or cause of action or creates any other third-party beneficiary rights.
The provisions of this Agreement that by their sense and context are intended to survive the termination or expiration of this Agreement shall survive.
Transferability and Assignment
User shall not sell, transfer or assign this Agreement. User’s account and right to use NEXSTREAM Services and system are not transferable without NEXSTREAM’s prior written consent. User agrees to protect its password and account and to keep them secure from unauthorized Users and use, and to be solely responsible for the protection and security of User’s password and account information.
Notifications of either party to this Agreement shall be effective upon receipt, or refusal of delivery, when deposited in the United States Mail, first class mail, certified or return receipt requested, postage prepaid, or when sent by a telefax, email, or a nationally recognized overnight delivery service, to NEXSTREAM at [Address] or to the address of Customer set forth on NEXSTREAM’s records or such other address provided for such purposes.
NEXSTREAM grants User a non-exclusive, non-transferable license to use the products and Services provided hereunder. Title and property rights, including all intellectual property rights to such products and Services, is and shall remain with NEXSTREAM, whether or not they are embedded in any product. User recognizes that the products and Services used hereunder constitute valuable trade secrets of NEXSTREAM and User shall use their best efforts to protect and keep confidential any and all products and Services used by User and shall not attempt to copy, examine, in any way alter, or reengineer, reverse engineer, tamper with, or otherwise misuse such products and Services.
Jurisdiction/Venue/Choice of Law
User agrees that exclusive jurisdiction for any claim or dNEXSTREAMute with NEXSTREAM or relating in any way to User’s account or User’s use of the Services resides in the courts of [preferred court venue] and that this Agreement shall be governed by [NEXSTREAM state] law. User expressly consents to the exercise of personal jurisdiction in the courts of [NEXSTREAM state] in connection with any such dNEXSTREAMute. If an action at law or in equity is necessary to enforce or interpret the terms of this Agreement or compel performance thereof, the substantially prevailing party shall be entitled to reasonable attorney’s fees and costs in addition to any other relief to which such party may be entitled.
NEXSTREAM may modify this Agreement from time to time, and User’s continued use of the Service following notice of such modification shall be deemed to be User’s acceptance of such modification. If User does not agree to any modification of this Agreement, User must immediately stop using the Service and notify NEXSTREAM of User’s desire to cancel the Service.
User hereby acknowledges that NEXSTREAM and its affiliates may retain and use any information, comments or ideas conveyed by User relating to the Service (including any products and services made available on the Service). This information may be used to provide User with better service. NEXSTREAM may open and maintain a Customer file.
This Agreement, and any and all other documents and NEXSTREAM policies referenced herein, constitutes the entire agreement between NEXSTREAM and User pertaining to the subject matter hereof. NEXSTREAM’s failure to insist upon or enforce strict performance of any provision of this Agreement shall not be construed as a waiver of any provision or right.
In the event that it is determined by a court of competent jurisdiction as a part of a final non-appealed judgment that any provision of this Agreement (or part thereof) is void, invalid, illegal, or otherwise unenforceable, such provision will be enforced as nearly as possible in accordance with the stated intention of the parties, while the remainder of the Agreement will remain in full force and effect.
User represents and warrants to NEXSTREAM that User is of lawful age to enter into this Agreement and that (i) User has the full right, power and authority to enter into this Agreement and to perform the acts required of User hereunder; and (ii) the acceptance of this Agreement by User, and the performance by User of its obligations and duties hereunder, do not and will not violate any agreement to which User is a party or by which it is otherwise bound. By using and accepting Service from NEXSTREAM, User acknowledges that they have read and understand the terms and conditions of this Agreement and agrees to be legally bound by all of the terms and conditions of this Agreement and any associated documents, the same as if User had physically signed this Agreement. This Agreement supersede all other written and oral communications or agreements with regard to the subject matter. Any waiver, modification or variation of any term or condition of this Agreement shall only be effective if in writing and/or in the form of a business contract signed by an authorized officer of NEXSTREAM. By providing NEXSTREAM with User’s telephone number, cell phone number(s), or email address, User gives consent for NEXSTREAM, or any of NEXSTREAM’s agents (including collection agents), to contact User at these numbers or email address, or any other phone number or email address that is later acquired for User, and, to leave live or pre-recorded messages, text messages, or emails to the extent that such are necessary to enforce any part of this Agreement. For greater efficiency, calls may be delivered by an auto-dialer.
BY USER’S USE AND ACCEPTANCE OF THE SERVICE, USER IS INDICATING THAT USER HAS READ, UNDERSTOOD AND AGREED TO BE BOUND BY THE TERMS AND CONDITIONS OF THIS AGREEMENT AS IT MAY CHANGE OVER TIME.