UNIVERSAL TERMS AND CONDITIONS
North State provides the following Terms and Conditions, including Acceptable Use and other Policies for the below services we deliver.
Universal Terms and Conditions Provided by North State Communications
This Agreement (this “Agreement”) sets forth the Terms and Conditions covering your purchase of services provided by North State Telephone Company d/b/a North State Communications and/or one or more of its subsidiaries and affiliates (collectively, “North State” or “Company”), including, without limitation private line services to end users, voice service, Internet, TV, video services, programming (including images, photographs, animations, video programming, information services, audio, music, and text, irrespective of the manner or format in which such content is delivered), and other features, products and services provided as part of and included with our services (collectively, the “Services” and, individually, a “Service,” as applicable pursuant to Customer’s specific package of services). These Services are listed at General Services Price List, Private Line Price List at www.northstate.net, and a listing of the Services can be examined in North State’s Business Offices which are located at 2620 S. Main St., Suite 145, High Point, NC and at 25 Salem St., Thomasville, NC. Additional Terms and Conditions for specific Services may be set forth in Tariffs on file with the North Carolina Utilities Commission, the Federal Communications Commission, and in other documents which are incorporated herein by reference and are available for examination through links on North State’s website identified below, or at the Company’s Business Office locations described above.
- General Terms and Conditions for Local Service and Price List
- Terms and Conditions and Price List for Interexchange Private Line Services
- Terms and Conditions for IntraLATA Long Distance Services
- Terms and Conditions for Certain Other Residential and Business Services
- NECA FCC Tariff No. 5 (Terms and Conditions for Interstate Services)
In the event of conflict between the Terms and Conditions set out herein and those found in the documents referenced and incorporated above, the Terms and Conditions set out in such referenced and incorporated documents shall control. THIS DOCUMENT, AND THE DOCUMENTS LISTED ABOVE AND INCORPORATED HEREIN BY REFERENCE, CONSTITUTE AN AGREEMENT AND CONTAINS IMPORTANT INFORMATION REGARDING THE RIGHTS AND OBLIGATIONS OF YOU, THE CUSTOMER, AND OF NORTH STATE. PLEASE REVIEW IT CAREFULLY. Services are offered at the rates and under the Terms and Conditions stated herein, as such rates, Terms and Conditions may be modified by the Company from time to time. As used herein, “you,” “your” or “customer” refers to the individual or entity (and such entity’s affiliates, subsidiaries, and successors, as authorized) using or paying for the Services. THE EARLIER OF (1) YOUR USE OF A COMPANY SERVICE OR (2) YOUR WRITTEN OR ELECTRONIC ACCEPTANCE OF THIS AGREEMENT BY OR DURING SUBMISSION OF YOUR ORDER CONSTITUTES YOUR ACCEPTANCE OF THE RATES, TERMS, AND CONDITIONS SET FORTH HEREIN. These Terms and Conditions supersede all previous representations, agreements, or understandings between the parties (with the exception of services subscribed to pursuant to Section 18 below) and shall be the controlling terms of the agreement for Services rendered by North State to you.
1. AVAILABILITY OF SERVICES; CHANGES.
Subject to the availability of facilities and subject to transmission and like conditions, the Services are available for your use twenty-four (24) hours a day, seven (7) days a week. Subject to applicable law, North State reserves the right to change, re-arrange, add, delete or otherwise modify any Service at any time, with or without prior notice to you, including changing, rearranging or otherwise modifying our programming packages or Service offerings, the selections available in those packages, the equipment, and any other features, products and Services that Company offers.
2. Internet SPEEDS.
The Company strives to provision a Customer’s connection up to the maximum advertised speed, but actual speed experienced by the Customer will vary based on multiple factors, such as the condition of wiring inside a specific location or the electromagnetic interference on the Customer’s line; general Internet backbone configurations and computer configuration; network or Internet congestion; and the server speeds of websites accessed. These variables can cause the Broadband Service to perform at less than maximum advertised speeds. The Company does not and cannot guarantee speeds.
3. RATES AND CHANGES IN RATES, Terms and Conditions.
Current rates for Services and the Terms and Conditions associated with the Services are posted at General Services Price List and Private Line Price List at www.northstate.net. The Company reserves the right to make price changes for any Service or changes in these Terms and Conditions upon fourteen (14) days advance notice; provided, however, that with respect to video services provided by the Company, the Company shall provide thirty (30) days advance notice to customers of any price changes by posting the changes at (www.northstate.net). In addition, the Company will provide additional notice by any commercially reasonable method including, but not limited to, a bill insert or a bill message. You will be bound by any change in the rates, Terms and Conditions of the Services unless you cancel your Service as provided for in Section 14 below, prior to the effective date of the change. USE OF NORTH STATE EQUIPMENT, SYSTEMS, NETWORKS, OR SERVICES FOLLOWING THE EFFECTIVE DATE OF ANY SUCH CHANGE CONSTITUTES YOUR ACCEPTANCE OF SUCH CHANGE. For those customers unable to access the Company’s Internet posted rates, Terms and Conditions of service, the Company also maintains updated rates, terms, and conditions in its offices located at: 2620 S. Main St., High Point, NC and 25 Salem St., Thomasville, NC.
4. LIABILITY OF THE COMPANY.
The liability of the Company, if any, for interruption, delays, or failures in transmissions (any one of which is considered a “Service Problem”), whether caused by the negligence of the Company or otherwise, is limited solely to credits issued by the Company to you. No credit will exceed the charges billed by the Company to you for the period during which the Service Problem occurred. The Company will issue a credit only when the Service Problem lasts more than twenty-four (24) consecutive hours. No credits will be earned by accumulating non-continuous periods of interruption. The Company reserves the right to require you to apply for any such credit in writing. The Company may also deny your request for credit where your evidence is inconclusive or insufficient or the request for credit is otherwise unwarranted. CUSTOMER UNDERSTANDS AND AGREES THAT NORTH STATE SHALL NOT BE LIABLE FOR ANY INDIRECT, CONSEQUENTIAL, SPECIAL, INCIDENTAL, EXEMPLARY OR PUNITIVE DAMAGES (INCLUDING THE LOSS OF GOODWILL, LOSSES ASSOCIATED WITH LOST OR STOLEN DATA, LOST SAVINGS, AND/OR LOST PROFITS) ARISING OUT OF OR OTHERWISE RELATING TO NORTH STATE PROVIDING OR FAILING TO PROVIDE SERVICES TO THE CUSTOMER. CUSTOMER AGREES THAT ITS EXCLUSIVE REMEDY AGAINST NORTH STATE FOR DAMAGES ARISING FROM CUSTOMER’S USE OF NORTH STATE SERVICES IS TO DISCONTINUE USE OF NORTH STATE SERVICES AND TO REQUEST CREDIT AS PROVIDED FOR ABOVE. THE LIMITATIONS SET FORTH HEREIN APPLY TO ANY AND ALL CLAIMS, INCLUDING THOSE FOUNDED IN BREACH OF CONTRACT, BREACH OF WARRANTY, PRODUCT LIABILITY, TORT AND ANY AND ALL OTHER THEORIES OF LIABILITY. In no event shall North State be liable to Customer or any person or entity for any cost, damage or harm whatsoever arising from: (a) Customer’s negligence or willful acts; (b) the attachment or use of any equipment or wiring by Customer which is used in conjunction with a Service; (c) the use of any facilities of other carriers by North State in rendering Services; (d) errors or omissions associated with your telephone number or listing information provided via directory assistance; (e) any unlawful use of any North State Services or violation of North State’s policies; or (f) any acts beyond the control of the Company including, but not limited to: (1) acts of God, riots, fire, flood or other catastrophe; or (2) any law, regulation, directive, order or request of any federal or state governmental authority or agency having jurisdiction over North State or its Services. You are responsible for charges for services ordered from any Local Exchange Carrier or other entity for telecommunications services and/or facilities connecting you and the Company. You are responsible for adherence to the rules and regulations pertaining to Customer Provided Equipment (“CPE”) or services other than those provided by the Company that you use to connect to the switched public telephone network, including but not limited to the Federal Communications Commission (“FCC”) Regulations found in 47 C.F.R. Part 68.
Customer agrees to indemnify, defend and hold harmless North State, its officers, directors, employees, affiliates and agents, for any liability with respect to any and all claims, demands, damages, losses, costs or expenses, of every kind (including specifically special, indirect, incidental, punitive, exemplary or consequential damages) (collectively, the “Claims and Damages”), arising from Customer’s use of any Service. This indemnity of North State also extends to: (a) any Claims or Damages arising out of or attributed, directly or indirectly, to Service Problems; (b) any Claims or Damages of the owner of your premises or equipment; (c) any other third-party Claims and Damages; or (d) Claims and Damages resulting from the unauthorized use of Customerâ€˜s account by third parties.
6. NO WARRANTIES.
EXCEPT AS MAY BE EXPRESSLY SET FORTH HEREIN, THE COMPANY MAKES NO WARRANTIES EXPRESS OR IMPLIED WITH RESPECT TO THE PROVISION OF ITS SERVICES, AND EXPRESSLY DISCLAIMS ANY IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE, ACCURACY, NON-INFRINGEMENT, NON-INTERFERENCE, TITLE, COMPATIBILITY OF COMPUTER SYSTEMS, COMPATIBILITY OF SOFTWARE PROGRAMS, INTEGRATION, AND THOSE ARISING FROM COURSE OF DEALING, COURSE OF TRADE, OR ARISING UNDER STATUTE. ALSO, THERE IS NO WARRANTY OF WORKMANLIKE EFFORT OR LACK OF NEGLIGENCE. NO ADVICE OR INFORMATION FURNISHED BY NORTH STATE OR ITS REPRESENTATIVES SHALL CREATE A WARRANTY WITH RESPECT TO ADVICE PROVIDED. STATEMENTS AND DESCRIPTIONS CONCERNING NORTH STATE’S SERVICES OR DEVICES, IF ANY, BY NORTH STATE OR NORTH STATE’S AGENTS OR INSTALLERS ARE INFORMATIONAL AND ARE NOT GIVEN AS A WARRANTY OF ANY KIND. NORTH STATE’S LIABILITY FOR DEFECTIVE MATERIALS OR WORKMANSHIP IS LIMITED TO THE REPAIR OR REPLACEMENT OF THE DEFECTIVE MATERIAL OR EQUIPMENT AND/OR A CORRECTIVE SERVICE VISIT. NORTH STATE DOES NOT WARRANT OR GUARANTEE THAT SERVICE CAN BE PROVISIONED TO YOUR LOCATION OR THAT PROVISIONING WILL OCCUR ACCORDING TO A SPECIFIED SCHEDULE, EVEN IF NORTH STATE HAS ACCEPTED YOUR ORDER FOR SERVICE. THE PROVISIONING OF SERVICE IS SUBJECT TO NETWORK AVAILABILITY AND THE CONDITION OF WIRING INSIDE YOUR LOCATION, AMONG OTHER FACTORS. IN THE EVENT YOUR LINE IS NOT PROVISIONED FOR ANY REASON, NEITHER YOU NOR NORTH STATE SHALL HAVE ANY DUTIES OR OBLIGATIONS UNDER THIS AGREEMENT (OTHER THAN YOUR OBLIGATION TO RETURN ANY NORTH STATE-PROVIDED EQUIPMENT). NORTH STATE DOES NOT WARRANT THAT THE SERVICE OR EQUIPMENT PROVIDED BY NORTH STATE WILL PERFORM AT A PARTICULAR SPEED, BANDWIDTH OR DATA THROUGHPUT RATE, OR WILL BE UNINTERRUPTED, ERROR-FREE, SECURE (INCLUDING FROM HACKING OR OTHER UNAUTHORIZED ACCESS), OR FREE OF VIRUSES, WORMS, DISABLING CODE OR CONDITIONS, OR THE LIKE. NORTH STATE SHALL NOT BE LIABLE FOR LOSS OF YOUR DATA, OR IF CHANGES IN OPERATION, PROCEDURES, OR SERVICES REQUIRE MODIFICATION OR ALTERATION OF YOUR EQUIPMENT WHICH RENDER THE SAME OBSOLETE OR OTHERWISE AFFECT ITS PERFORMANCE. NEITHER NORTH STATE NOR ITS OFFICERS, DIRECTORS, EMPLOYEES, AFFILIATES OR AGENTS OR ANY OTHER SERVICE PROVIDER OR VENDOR WHO FURNISHES SERVICES OR PRODUCTS TO CUSTOMER IN CONNECTION WITH THIS AGREEMENT OR ANY NORTH STATE SERVICE WILL BE LIABLE FOR UNAUTHORIZED ACCESS TO NORTH STATE’S OR CUSTOMER’S TRANSMISSION FACILITIES OR PREMISES EQUIPMENT OR FOR UNAUTHORIZED ACCESS TO, OR ALTERATION, THEFT OR DESTRUCTION OF, CUSTOMER’S DATA FILES, PROGRAMS, PROCEDURES OR INFORMATION THROUGH ACCIDENT, FRAUDULENT MEANS OR DEVICES OR ANY OTHER METHOD, REGARDLESS OF WHETHER SUCH DAMAGE OCCURS AS A RESULT OF NORTH STATE’S OR ITS SERVICE PROVIDER’S OR VENDORS’ NEGLIGENCE. NORTH STATE DISCLAIMS ALL RESPONSIBILITY FOR THE CONDUCT OF LOCAL EMERGENCY RESPONSE CENTERS AND THE NATIONAL EMERGENCY CALLING CENTER. NORTH STATE DOES NOT HAVE ANY CONTROL OVER ANY LOCAL EMERGENCY RESPONSE CENTER. THEREFORE, NORTH STATE IS NOT RESPONSIBLE FOR WHETHER THEY ANSWER CALLS USING OUR 911 DIALING SERVICE, HOW THEY ANSWER THESE CALLS, OR HOW THEY HANDLE THEM. NORTH STATE RELIES ON THIRD PARTIES TO ASSIST US IN ROUTING 911 DIALING CALLS TO LOCAL EMERGENCY RESPONSE CENTERS. NORTH STATE IS NEITHER LIABLE NOR RESPONSIBLE IF THE DATA USED BY A THIRD PARTY TO ROUTE CALLS IS INCORRECT OR PRODUCES AN ERRONEOUS RESULT OR RESULTS IN THE DELAY OF THE DELIVERY OF EMERGENCY SERVICES. ALL LIMITATIONS AND DISCLAIMERS STATED IN THIS AGREEMENT ALSO APPLY TO NORTH STATE’S THIRD-PARTY LICENSORS, PROVIDERS AND SUPPLIERS, AS THIRD-PARTY BENEFICIARIES OF THIS AGREEMENT.
7. SEVERABILITY AND WAIVER.
Should any provision of this Agreement be held to be void, invalid, unenforceable or illegal by a court or administrative agency of competent jurisdiction, the remaining provisions of this Agreement will remain in full force and effect. North State may waive certain of the requirements stated herein (except for regulatory obligations imposed by any federal or state authority or agency having jurisdiction over North State or its Services) or determine not to enforce a provision of this Agreement. Any such waiver or enforcement decision shall be limited to that set of specific circumstances and shall not constitute a general waiver of any of the provisions hereof and will not eliminate Customer’s obligation to continue to comply with this Agreement.
You will provide the Company with your name, address and telephone number for billing purposes. Business entities will provide the name of a designated officer or agent. All information provided will be accurate, and the Company has the right to access and verify credit information. You agree to promptly update your account information whenever your personal or billing information changes (including, for example, your name, address, email address, telephone number, credit/debit card number and expiration date or other payment method information). The Company may require you to apply for service in writing. Once any Service is activated, you are responsible for paying all charges associated with the Service, including, without limitation, all usual and customary surcharges and all government imposed fees and charges that relate to the Services, as permitted and/or required by law. You are also responsible for any charges associated with the use of Company’s equipment, installation charges, and charges for service calls. Monthly Service charges are billed in advance. All usage charges and charges for service calls are billed in arrears. Other transactional charges, such as for video on demand services, are billed after the applicable service or feature has been ordered or provided to you. All bills from the Company are due by the 15th day after the bill date and are payable at the Company’s office as designated on the bill, except in the case of a dispute as provided for in Section 11. If an account is not paid in full by the due date, your service may be suspended and/or disconnected for nonpayment. All payments are due in full to avoid late charges and possible reconnection fees. If service is suspended for nonpayment, a reconnection charge, interest or both may apply to reactivate services. If service is considered disconnected by the Company, customer may be required to apply for new service and installation charges will apply. All past due charges will be required along with any charges associated with activating service included but not limited to installation charges, reconnection fees, late fees or interest to reconnect Service. When a check or draft tendered to the Company for payment of your account or billing is dishonored by the institution on which is it drawn, or when an automatic debit or credit/debit card charge is declined or reversed, a fee of $25, or such other amount that will not exceed the maximum allowed by law, will be charged to you for each such returned check or draft or declined debit or credit card charge. The returned check charge also applies to returned/denied Automatic Funds Transfer transactions. The Company may apply a late fee at a rate up to the maximum rate permitted by law to each of your bills not paid by the due date. You are responsible for paying all the Company’s costs of collection, including bank or credit card charges and reasonable attorneys’ fees, incurred in collecting funds owed to the Company by you. You acknowledge and agree that you may incur charges with third parties that are separate and apart from the charges billed by Company. These may include charges resulting from accessing online services or purchasing products and services through interactive options available through the Services. You are solely responsible for all charges payable to third parties, including all applicable taxes. In addition, you are solely responsible for protecting the security of credit card and other personal information provided to others in connection with such transactions. The Company may evaluate your credit history before modifying or providing you any Service. In order to establish an account with us and/or obtain or modify such Service, you hereby authorize us to obtain a report from a consumer credit agency and to exchange information with others in connection with determining your creditworthiness. If you are delinquent in any payment to us, you also authorize us to report any late payment or nonpayment to consumer credit reporting agencies. Our FCRA Consumer Privacy Disclosure Statement (the “FCRA Disclosure”), a copy of which is accessible through the foregoing hyperlink (or, in the case of any printed version of this Agreement, a copy of which is attached hereto), provides further information on this subject. You acknowledge and agree that (i) a copy of the FCRA Disclosure has been made available to you, (ii) you have read the FCRA Disclosure and understand its contents, and you understand your rights under the Fair Credit Reporting Act, and (iii) you have had an opportunity to ask questions of and receive answers from us concerning the FCRA Disclosure.
9. CALCULATION OF USAGE.
Charges for usage-based Service offered by the Company begin when the connection is established. Except as otherwise provided herein, charges are assessed in increments of one minute, with additional minute increments rounded up where charges for Service vary due to time of day, time periods are defined in the Company’s rate tables contained in the documents identified on page 1 above and are determined by the local time of the location where you make the call. When a call is established in one rate period and ends in another rate period, the rates are based on the portion of your call that occurs within each rate period.
10. TAXES, FEES AND SURCHARGES.
In addition to the charges for the Services, you are also responsible for paying all applicable federal, state and local use, excise, sales or privilege taxes, and all fees chargeable to or against the Company as a result of its provision of Service to you.
11. BILLING DISPUTES.
If you believe you have been billed in error, you must contact the Company in writing within thirty (30) days of the date of the bill that contains the disputed charge. Refunds or adjustments will not be issued for any charge that is more than thirty (30) days old. You may withhold from payment to the Company the disputed portion of any bill pending resolution of the dispute, but all non-disputed charges are due within the normal time period. The Company will notify you of the results of its inquiry, and either adjust the billing, issue a credit, or notify you that all or a portion of the disputed amount is still owed. Credits due to you will be issued no later than your next billing cycle following a determination that a credit is warranted, or within thirty (30) days from determination, whichever is sooner. You will be required to pay such amount within thirty (30) days thereafter, and if you fail to pay this amount within the time required, your account will be deemed past due and unpaid. In such event, the Company will be entitled to terminate any Service immediately without any liability whatsoever and/or require an additional deposit. In addition, any payments you withhold pending resolution of the dispute may be subject to a late fee up to the maximum rate permitted by law for such charges remaining unpaid.
12. BILLING ENTITY CONDITIONS.
When billing for the Company’s Services is performed by local exchange telephone companies, credit card companies or others, the payment conditions and regulations of such companies apply, including any applicable interest and/or late payment charges.
The Company reserves the right to require you to make a deposit to guarantee payment for any Service before activating such Service. After your Service is activated, if your actual monthly usage exceeds your estimated monthly usage by more than fifty percent (50%), the Company may also require a deposit or an additional deposit. The Company will return your deposit as follows: (a) when an application for such Service requiring the deposit has been cancelled prior to the time that such Service is activated, your deposit will be applied to any existing charges, and the excess portion of the deposit, if any, will be returned by the Company within ninety (90) days following settlement of your account; (b) upon the discontinuance of such Service, the Company will refund your deposit to the extent that it exceeds any unpaid charges for such Service provided to you; or (c) the unused portion of a deposit will be refunded to you if you have paid each bill rendered by the Company for all Services within the prescribed period for each of the twelve (12) months after the date the deposit was made. The refunding or crediting of your deposit and accrued interest in no way relieves you of your obligation to comply with all of the terms of this agreement or from making payments when due.
14. TERMINATION OF SERVICE BY THE CUSTOMER.
Subject to any other signed service contracts between you and the Company as referenced in Section 18 below, and upon providing the Company adequate information as to your identity, you may terminate any Service with three (3) working days notice, by notifying the Company by U.S. mail, fax, email, or by telephonic conversation. All amounts due under the Terms and Conditions of such Service plan selected are immediately due and payable upon such termination. Notwithstanding the foregoing, you will be required to reimburse North State for all expenses incurred in handling your request for Services before notice of cancellation is received. Such charge, however, shall not exceed all charges which would apply if the work involved in complying with the request had been completed. Only a request to terminate your Service relieves you of your obligation to pay any monthly account charge. INSTALLATION, EQUIPMENT AND SET UP FEES ARE NOT REFUNDABLE. All North State equipment must be returned to North State prior to any termination of Services.
15. TERMINATION OF SERVICE BY THE COMPANY.
The Company may immediately terminate or withhold Service to you without incurring any liability whatsoever for the following reasons: (a) nonpayment of any sum due for Service where your charges remain unpaid more than thirty (30) days following written notice of nonpayment from the Company mailed, postage prepaid, to your last known address; (b) your acts or omissions which constitute, in the reasonable opinion of the Company, a violation of or a failure to comply with any term of this Agreement, and where such violation or failure to comply with a term of this Agreement threatens to interfere with the Company’s operations or its furnishing of any Service to, or the use of any Service by, another customer of the Company; (c) the implementation of any order of a court of competent jurisdiction, or of a federal or state regulatory authority of competent jurisdiction, prohibiting the Company from furnishing you any Service; (d) where you have failed or neglected to tender any additional or required deposit within thirty (30) days of demand by the Company; (e) where the Company reasonably deems partial or complete termination of any Service is necessary to prevent unlawful use of its Services; or (f) as otherwise provided in these Terms and Conditions. In the event your Services are partially or completely terminated for any of the reasons stated herein, you will remain responsible for all unpaid service charges due and owing to the Company. The Company will have the right to apply your deposit and any accrued interest to all cancellation charges and to all outstanding charges associated with your Services. If you seek reinstitution of any Service following a partial or complete termination of any Service by the Company, you will pay to the Company prior to the time any Service is reinstituted: (a) all accrued and unpaid charges; (b) a deposit, and (c) all applicable connection / reconnection and equipment charges.
16. INSTALLATION; TESTING AND INSPECTIONS; AND EMERGENCY SITUATIONS.
Without incurring any liability whatsoever, the Company may, at any time, interrupt the provision of any Service to you: (a) In order to perform tests and inspections to assure compliance with this Agreement and/or the proper installation and operation of either your equipment and facilities or the Company’s equipment and facilities; or (b) In emergency situations where keeping you in service may threaten the Company’s ability to provide any Service to a majority of its other customers, law enforcement agencies or emergency relief workers. The Company may continue such interruption until any noncompliance or improper equipment or facilities identified is corrected or any emergency is concluded. You acknowledge and agree that you are either an owner of, or legal tenant in, your premises, and as such have the right to allow us and our representatives to enter and make modifications to the premises in connection with the delivery of the Services. North State reserves the right to inspect any of its facilities or equipment located on your premises during normal working hours, upon reasonable notice and you agree to provide access upon request for the purpose of making emergency repairs to the facilities or equipment or to effect reconnection of the Services in the event any Service to you has failed. If installation and maintenance of the Services are requested at locations which are or may become hazardous or dangerous to the Company’s employees or the public or property, the Company may refuse to install and maintain such Service and, if such Service is furnished, you agree to indemnify and hold the Company harmless from any claims, losses or damages by reason of the installation and maintenance of such Service. You are responsible for providing a suitable supply of electrical power, including outlets, when and where required by the Company for the operation of any Company equipment. Failure to supply adequate electrical power is considered negligence of the Customer.
17. OWNERSHIP OF CODES AND NUMBERS.
From time to time the Company may issue you certain account codes, telephone numbers or other numbers. Neither these Terms and Conditions, nor any marketing material shall create or imply any ownership interest or proprietary rights in any Company assigned codes or numbers. The Company reserves the right to provide you replacement codes or numbers as the Company deems necessary.
18. CUSTOMIZED SERVICE PACKAGES OR COMPETITIVE (NEGOTIATED) PRICING.
You may request customized service packages or competitive (negotiated) pricing arrangements not provided in the Company’s standard pricing. The Company will determine on a case by case basis whether it will provide these specialized arrangements. Any such arrangements would be beyond the scope of these Terms and Conditions and will require separate contracts that may contain mandatory service terms. Such specialized pricing arrangements are not available for video services provided by the Company.
19. MUTUALLY AGREED TO INDEPENDENT ARBITRATION.
You and the Company will use your best efforts to settle any dispute or claim arising from or relating to this Agreement. THE PARTIES WILL NEGOTIATE WITH EACH OTHER IN GOOD FAITH FOR A MINIMUM OF AT LEAST THIRTY (30) DAYS BEFORE SUING IN COURT. If the parties cannot reach an agreement within thirty (30) days, and if it is mutually agreeable, you and the Company may submit the dispute or claim to independent arbitration. You and the Company further agree, however, that mutually agreed to arbitration will not be available for any dispute or claim involving a debt owed to the Company by you. Both parties agree no arbitrator has the authority to award relief in excess of what is provided for in this Agreement, or award punitive damages or any other damages. All fees and expenses of the arbitration shall be borne by the party ruled against in the arbitration or shared if both parties are determined by the arbitrator to share fault. You and the Company agree not to reveal the results of any arbitration except as required by law. THIS AGREEMENT DOES NOT PERMIT CLASS ARBITRATIONS EVEN IF THE SUBJECT ARBITRATION PROCEDURES OR RULES WOULD ALLOW.
20. PERMITTED USE.
The Company’s Services may be used for only legal purposes and may not be used, directly or indirectly, for any unlawful purpose, including without limitation, violation of the copyright laws through the use, production, copying, rebroadcast or redistribution of any programming distributed as part of any Service or recorded utilizing equipment containing digital video recording devices. The Customer shall not (i) use North State equipment, systems, networks, or services to transmit or facilitate threatening, obscene, objectionable, or harassing materials or communications, (ii) “broadcast” advertising or otherwise send on an intrusive basis to any user or any network; provided, however, advertising may be posted in newsgroups, applicable commercial advertising distribution or emailed to any user or mailing list that allows or requests such advertising or (iii) use the North State network so as to interfere with or disrupt network users, services, or equipment. (Disruptions include, but are not limited to, distribution of unsolicited advertising, propagation of computer “worms” or viruses, using the network to make or attempt to make unauthorized entry into any other machine accessible via the network, and sustained high volume network traffic which substantially hinders other customers’ use of the network.) North State reserves the right to contact law enforcement to report any illegal activity. Customer represents that he/she is an individual over the age of eighteen or is using the Services under the supervision of an adult, and that Customer will not knowingly use the Services to solicit or harm a person under the age of 18 in any manner. Unless you are a business Customer subject to a plan that expressly permits otherwise, Customer agrees to use the Services only for his/her private non-commercial use and enjoyment within your premises. Unless otherwise specifically authorized by the Company in writing, the programming distributed via the Services may not be viewed or otherwise displayed in areas open to the public, including, without limitation, commercial establishments. You may not rebroadcast or transmit the programming or charge admission for its viewing. You may not take any actions to alter or avoid any security or access controls or restrictions associated with the Services or any related equipment. You understand and agree that not all programming may be suitable for all viewers, and users of the Services may have access to programming that may be sexually explicit, obscene, offensive, or otherwise unsuitable or objectionable, especially for children under the age of eighteen (18). You further understand and agree that it is your responsibility to impose any viewing restrictions you determine are appropriate to limit viewing and access to potentially objectionable material, and you agree to supervise usage of the Services at your premises. YOU AGREE THAT NORTH STATE IS NOT RESPONSIBLE TO YOU OR ANYONE ELSE VIEWING PROGRAMMING OR INFORMATION PROVIDED ON, OR ACCESSED THROUGH, ANY SERVICE FOR ANY CONTENT THAT YOU OR OTHERS MAY DEEM TO BE OBJECTIONABLE FOR ANY REASON AND YOU WAIVE ANY CLAIMS AGAINST US FOR ANY INJURY OR HARM RELATING TO SUCH CONTENT OR THE VIEWING OF PROGRAMMING. YOU FURTHER UNDERSTAND AND AGREE THAT NORTH STATE IS NOT RESPONSIBLE FOR THE INFORMATION OR MATERIALS ACCESSIBLE VIA THE Internet THROUGH USE OF THE SERVICES. North State reserves the right (i) to regulate or prohibit, in its sole discretion, the use of the North State Internet network to deliver commercial services, including but not limited to, network management or sales of information services or any use which seriously diminishes service available to other customers and (ii) to respond to violations of this Agreement in the manner that it deems appropriate, including but not limited to the termination of the Customer’s right to use any Services.
You are responsible for securing your equipment against fraudulent or unauthorized use or misuse of or access to the Services, and you are responsible for payment of all applicable long distance and other charges for Services even where such charges result from any such use or misuse of or access to the Services, whether by you or by any authorized or unauthorized third party, and whether such use, misuse or access originates from your premises or from remote locations. In no event will the Company be liable for protection of your transmission facilities or equipment from unauthorized access, or for any unauthorized access to or alteration, theft or destruction of your data files, programs, procedure or information, whether through fraudulent means or devices or otherwise. In no event will the Company be liable for any damages, including without limitation, usage and toll charges, you may incur as a result of any fraudulent or unauthorized use or misuse of or access to the Services. You are responsible for any such use or misuse of or access to the Services that occurs through your account, whether by you or by any authorized or unauthorized third party. Fraudulent or unauthorized use or misuse of the Services includes, but is not limited to, PBX hacking, modem hijacking, toll fraud, excessive or unintended international calls, 411 directory assistance calls, and other calls which incur per-use charges. The Company will have the right, but not the obligation, to monitor the use of the Services and to immediately deactivate your long distance service, in the event the Company reasonably believes such service is the subject of suspected theft or fraud.
22. SECURITY; MONITORING.
You may receive a username, password, and account designation from the Company for certain Services. You are responsible for taking all necessary measures, including but not limited to changing any default passwords, in order to keep your account secure. You must keep your passwords confidential so that no unauthorized party may access any of the passwords required for Services. You are responsible for any charges related to unauthorized party use of the Services. You must notify the Company immediately upon discovering any unauthorized use of its password-protected Services. The Company may change its network configuration at any time. The Company reserves the right to direct customers, including you, to use certain access points to access the Services or to restrict use of specific access points. Any usernames, passwords and email addresses distributed by the Company to you are the Company’s property and the Company may alter or replace them at any time. The Company has no obligation to monitor the Services, but may do so for reasonable purposes and disclose information regarding use of the Services for reasonable purposes to satisfy laws, regulations, or governmental or legal requests; operate the Services properly; or protect itself and its customers. The Company may immediately remove your material or information from the Company’s resources if the Company, in its sole and absolute discretion, determines it infringes another’s rights or violates the Company’s Acceptable Use Policy.
23. EMERGENCY SERVICES.
The Company will supply the 911 service provider in the Company’s service area with Customer’s name, service address and other customer-specific information provided by Customer and required by such service provider in order to update the 911 database at the time Company accepts Customer orders. The Company provides such information, including Automatic Location Information, to the 911 service provider and/or Public Safety Answering Point based solely on information provided by Customer. Such information is made available to emergency service providers in the event that a call is placed to 911 from Customer’s telephone. Customer shall promptly notify the Company of any changes in such information. Customer acknowledges and agrees that 911 services are available only to customers who subscribe to the Company’s telephone services. Customer is responsible for directing emergency personnel to the specific location or person requiring emergency assistance. Where a 911 call is placed by the calling party via interconnection with an interexchange carrier or operator service provider, the Company cannot guarantee the completion of said call or the quality of said call.
24. CHOICE OF LAW.
This Agreement shall be governed by and construed in accordance with the laws of the State of North Carolina without regard to principles of conflicts of law, except that any arbitration pursuant to this Agreement shall be governed by the Uniform Arbitration Act (N.C. Gen. Stat. Â§Â§ 1-567.1, et seq.). Any claim, action, suit or proceeding between Customer and North State that arises from or relates to this Agreement shall be brought and conducted solely and exclusively within the State of North Carolina. The prevailing party in any action or suit brought in connection with this Agreement shall be entitled to reasonable attorney’s fees and costs incurred in connection with trial and on appeal.
North State reserves the right, at its sole discretion, to modify this Agreement and any of its policies from time to time, which modifications shall become effective upon the posting thereof on North State’s website and Customerâ€˜s use of North State equipment, systems, networks, or Services following such posting.
26. CUSTOMER SERVICE OBLIGATIONS APPLICABLE TO VIDEO SERVICES.
North State shall comply with the applicable customer service obligations found at 47 C.F.R Part 76 of the FCC’s Regulations and with the customer service obligations of any other regulatory authority or agency with jurisdiction over the video services provided by North State.
27. EQUIPMENT; MAINTENANCE AND OWNERSHIP OF EQUIPMENT.
North State does not guarantee that any Service will work correctly if you use equipment to access such Service other than the equipment provided by North State. We have no responsibility for the operation or support, maintenance or repair of any equipment, software or services that you choose to use in connection with the Service or with the equipment provided by us. We assume no responsibility for the operation of any Service if equipment other than the equipment we provide to you is used to access such Service. Customer acknowledges and agrees that at all times ownership of the equipment provided by North State shall remain with us and that this Agreement allows you to use such equipment only in connection with your receipt and use of the Services. We may, at our option, supply new or reconditioned equipment to you. We will repair and maintain the equipment owned by us, at our expense, unless such repair or maintenance is made necessary due to negligence, misuse, abuse or intentional damage to the equipment, in which case you will be financially responsible for the repair or replacement of the damaged equipment. You also agree that the equipment will not be serviced by anyone other than our employees or our designated agents or representatives. You further agree not to tamper with or otherwise harm the equipment, and that you will not copy, modify, reverse compile or reverse engineer any equipment, software or firmware provided by North State in connection with the Services. Upon termination of any Service, as applicable, or if the occupancy or ownership of your premises changes, you are responsible for returning the equipment to us in an undamaged condition, subject only to reasonable wear and tear. Failure to return any equipment owned by us, or returning equipment in a damaged condition (subject only to reasonable wear and tear) will result in the imposition of an equipment fee that may be substantial. In the event that the equipment owned by North State is stolen, you are required to provide us with a copy of the police report to verify that the equipment was reported stolen. If no report is produced, then you will be held financially responsible for the stolen equipment.
28. SOFTWARE LICENSES AND THIRD-PARTY SERVICES.
North State may provide you, for a fee or at no charge, software for use in connection with certain Services which is owned by us or our third-party licensors, providers and suppliers (“Software”). We reserve the right periodically to update, upgrade or change the Software remotely or otherwise and to make related changes to the settings and software on your computer or the equipment, and you agree to permit such changes and access to your computer and the equipment. You may use the Software only in connection with the Services and for no other purpose. Certain Software may be accompanied by an end user license agreement (“EULA”) from us or a third- party. Your use of the Software is governed by the terms of that EULA and by this Agreement, where applicable. You may not install or use any Software that is accompanied by or includes a EULA unless you first agree to the terms of the EULA. For Software not accompanied by a EULA, you are hereby granted a revocable, nonexclusive, nontransferable license by us or our third-party licensor(s) to use the Software (and any corrections, updates and upgrades thereto). You may not make any copies of the Software. You agree that the Software is confidential information of North State or its third-party licensors and that you will not disclose or use the Software except as expressly permitted herein. The Software contains copyrighted material, trade secrets, patents, and proprietary information owned by us or our third-party licensors. You may not de-compile, reverse engineer, disassemble, attempt to discover any source code or underlying ideas or algorithms of the Software, otherwise reduce the Software to a human readable form, modify, rent, lease, loan, use for timesharing or service bureau purposes, reproduce, sublicense or distribute copies of the Software, or otherwise transfer the Software to any third-party. You may not remove or alter any trademark, trade name, copyright or other proprietary notices, legends, symbols or labels appearing on or in copies of the Software. You are not granted any title or rights of ownership in the Software. You acknowledge that this license is not a sale of intellectual property and that we or our third-party licensors continue to own all right, title and interest, including but not limited to all copyright, patent, trademark, trade secret and moral rights, to the Software and related documentation, as well as any corrections, updates and upgrades to it. The Software may be used in the United States only, and any export of the Software is strictly prohibited. Your license to use the Software will remain in effect until terminated by North State or its third-party licensors, or until the applicable Service is terminated. Upon termination of such Service, you must cease all use of and immediately delete the Software from any device not returned to us. If you subscribe to or otherwise use any third-party services offered by North State, your use of such services is subject to the EULA of that third-party provider. Violation of those terms may, in our sole discretion, result in the termination of your Service. North State may inform you of, or make available to you, certain services offered by third parties. North State does not operate, control, or endorse any such services. North State is not responsible for examining or evaluating, and North State does not warrant the offerings of, any of third party. North State does not assume any responsibility or liability for the actions, product, and content of any third parties. You should carefully review their privacy statements and other conditions of use. Sites operated by North State may contain links to other websites not operated by North State. The links are provided for your convenience. The inclusion of any links to other websites does not imply affiliation, endorsement or adoption by North State of those websites or the contents therein. We are not responsible for the contents, links or privacy of any linked website. Access to any other websites linked to our sites is at your own risk. When leaving our site, you should carefully review the applicable terms and policies, including privacy and data gathering practices, of that third-party website.
All notices to North State must be in writing delivered to North State at 111 North Main St., P.O. Box 2326, High Point, N.C. 27261. North State’s notices to you shall be deemed given: (a) when sent by email to your last-known email address according to our records; (b) when delivered in connection with North State’s video services; (c) when deposited in the United States mail addressed to you at your last-known address; or (d) when hand-delivered to your premises, as applicable. Mailed notices may also be included in our billing statements to you.
Neither this Agreement nor any part or portion of it may be assigned or otherwise transferred by the Customer without North State’s prior written consent. North State may assign or transfer this Agreement to any parent, subsidiary, successor or affiliated company or any third party, without the prior consent of the Customer.
All obligations of the parties under this Agreement, which, by their nature, would continue beyond the termination of the Agreement, including without limitation, those relating to Limitation of Liability, Warranties and Indemnification, shall survive such termination.
32. FORCE MAJEURE.
North State shall not be liable to Customer, nor shall any remedy be extended, for any failure of performance under this Agreement due to causes beyond North State’s control, including but not limited to: acts of God, fire, explosion, flood, earthquake, lightning, tornado, storms; any law, order, regulation, action or request of any government or regulatory entity or agency, or any civil or military authority; emergencies, civil unrest, insurrections, riots, wars; power failure, equipment failure; industrial or labor dispute and the like. Upon the occurrence of any such events, North State shall use its reasonable efforts to notify Customer of the nature and extent of any such condition.
33. OTHER POLICIES.
ACCEPTABLE USE POLICY FOR BROADBAND INTERNET SERVICES
North State Telephone Company d/b/a North State Communications and its affiliates (collectively, “North State”) have adopted this Acceptable Use Policy (“AUP”) to outline the acceptable use of North State’s Broadband Internet service for residential and business customers (“Broadband Service”). This AUP is in addition to any restrictions contained in the subscriber agreement or other contract with North State applicable to your Broadband Services (the “Subscriber Agreement”). Please refer to the Frequently Asked Questions (“FAQs”) at www.northstate.net, which includes explanations of how North State implements and applies many of the provisions contained in this AUP. 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 North State so that it can close your account. North State may revise this AUP from time to time by posting a new version on the Web site at www.northstate.net (the “North State website”). North State will use reasonable efforts to make customers aware of any changes to this AUP, which may include sending email announcements or posting information on the North State website. Revised versions of this AUP are effective immediately upon posting. Accordingly, customers of North State Broadband Service should read any North State announcements they receive and regularly visit the North State web site and review this AUP to ensure that their activities conform to the most recent version. If you have questions regarding this AUP, or to report violations of it, you can contact North State at www.northstate.net. To report illegal content on the Internet go to www.ftc.gov
I. PROHIBITED USES AND ACTIVITIES
In general, this AUP prohibits uses and activities involving the Broadband Service that are illegal, infringe the rights of others, or interfere with or diminish the use and enjoyment of the Broadband Service by others.
A. Network and Usage Restrictions
No user of the Broadband Service, any equipment owned, leased or controlled by North State or its affiliates (“North State Equipment”) or any equipment owned, leased or controlled by Customer used in connection with or relating to the Broadband Service (“Customer Equipment”) may, individually or in combination with another: 1. 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; 2. restrict, inhibit, interfere with, or otherwise disrupt performance of the Broadband Service or cause performance degradation regardless of intent, purpose or knowledge, to the Broadband Service or any North State (or North State supplier) host, server, backbone network, node or service, or otherwise cause performance degradation to any North State (or North State supplier) facilities used to deliver the Broadband Service; 3. resell the Broadband Service or, unless you are a business customer subject to a Broadband Service plan that expressly permits you to do so, otherwise make available to anyone outside your premises the ability to use the Broadband Service (for example, through Wi-Fi or other methods of networking), in whole or in part, directly or indirectly. If you are a residential customer, the Broadband Service is for personal and non-commercial residential use only and you agree not to use the Broadband Service for operation as an Internet service provider or for any business enterprise or purpose (whether or not for profit); 4. unless you are a business customer subject to a Broadband Service plan that expressly permits you to do so, connect the North State Equipment to any computer outside of your premises; 5. 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/or 6. 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 North State Equipment may, individually or in combination with another: 1. avoid incurring charges for or otherwise avoid being required to pay for usage of the Broadband Service; 2. intentionally use the Broadband Service on a standby or inactive basis in order to maintain a connection; 3. invade another person’s privacy, or stalk, harass, or otherwise violate the rights of other persons; 4. 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; 5. post, store, send, transmit, or disseminate any information or material which a reasonable person could deem to be unlawful; 6. 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; 7. collect, or attempt to collect, personal information about third parties without their consent; 8. transmit unsolicited bulk or commercial messages commonly known as “spam;” 9. send voluminous copies of the same or substantially similar messages, empty messages or messages which contain no substantive content, or send very large messages or files that disrupt a server, account, blog, newsgroup, chat, or similar service; 10. initiate, perpetuate, or in any way participate in any pyramid or other illegal scheme; 11. participate in the collection of voluminous amounts of email addresses, screen names, or other identifiers of others (without their prior consent), a practice sometimes known as spidering or harvesting, or participate in the use of software (including “spyware”) designed to facilitate this activity; 12. collect responses from unsolicited bulk messages; 13. falsify, alter, or remove message headers; 14. falsify references to North State or its network, by name or other identifier, in messages; 15. 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”); and/or 16. violate North State’s Universal Terms and Conditions, rules, regulations, 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 North State Equipment may, individually or in combination with another: 1. use the Broadband Service or facilities for web-hosting, email hosting, or other unusually high-bandwidth consumption unless you are a business customer subject to a Broadband Service plan that expressly permits you to do so or have made special subscription arrangements with North State and, in any case, the usage does not otherwise violate law or regulation; 2. 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; 3. 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; 4. copy, distribute, or sublicense any proprietary software provided in connection with the Broadband Service by North State or any third party, except that you may make one copy of each software program for back-up purposes only; 5. distribute programs that make unauthorized changes to software (cracks); 6. unless you are a business customer subject to a Broadband Service plan that expressly permits you to do so, use or run dedicated, stand-alone equipment or servers from your premises that provide network content or any other services to anyone outside of your premises local area network (“Premises LAN”), also commonly referred to as public services or servers. Examples of prohibited equipment and servers include, but are not limited to, email, Web hosting, file sharing, and proxy services and servers; 7. unless you are a business customer subject to a Broadband Service plan that expressly permits you to do so, use or run programs from your premises that provide network content or any other services to anyone outside of your Premises LAN except for personal and non-commercial residential use; and/or 8. service, alter, modify, or tamper with North State Equipment or Broadband Service or permit any other person to do the same who is not authorized by North State.
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 North State that connect to the Broadband Service from external threats such as viruses, spam, bot nets, and other methods of intrusion.
B. North State’s Rights
North State 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 North State’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 North State nor any of its affiliates, suppliers, or agents have any obligation to monitor transmissions or postings (including, but not limited to, email, file transfer, blog, newsgroup, and instant message transmissions) made on the Broadband Service. However, North State 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 North State’s network and system services are provided according to scheduled fees for each type of service. You agree to use such services in accordance with the terms set forth below. 1. Email and Web-Hosting Services (i) Unsolicited email Prohibited – You may not use North State-hosted email addresses for the purpose of sending unsolicited email. You may not use or cause to be used North State’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 North State’s network addresses or North State-hosted web or email services are in any way identified as being associated with the sending of unsolicited email. (ii) Unauthorized use, or forging, of mail header information (e.g., “spoofing”) is prohibited. (iii) Fraudulent Activity Prohibited – You may not use the North State email and web-hosting services to make fraudulent offers to sell or buy products, items, services, or to advance any type of financial scam such as “pyramid schemes”, “Ponzi schemes”, or “chain letters.” You may not use techniques to hide or obscure the source of any email or other communications. (iv) North State reserves the right to suspend or delay delivery of email to customer utilizing North State 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 the contracted capacity or any volume of email traffic that noticeably degrades performance on the server in question, in the sole discretion of North State. Stored mail exceeding these limits may be transferred to a compressed file at North State’s discretion. North State will attempt to notify the account holder via the account contact information on record; however, North State reserves the right to delete the contents of such email boxes thirty (30) days after attempted notification. The Broadband Service may not be used to communicate or distribute email or other forms of communications in violation of Section I of this AUP. As described below in Section III of this AUP, North State 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). North State is not responsible for deleting or forwarding any email sent to the wrong email address by you or by someone else trying to send email to you. North State is also not responsible for forwarding email sent to any account that has been suspended or terminated. This email will be returned to the sender, ignored, deleted, or stored temporarily at North State’s sole discretion. In the event that North State believes in its sole discretion that any subscriber name, account name, or email address (collectively, an “identifier”) on the Broadband Service may be used for, or is being used for, any misleading, fraudulent, or other improper or illegal purpose, North State (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, North State may at any time reserve any identifiers on the Broadband Service for North State’s own purposes. In the event that a Broadband Service account is terminated for any reason, all email associated with that account (and any secondary accounts) will be permanently deleted as well. 2. Instant, Video, and Audio Messages Each user is responsible for the contents of his or her instant, video, and audio messages and the consequences of any of these messages. North State assumes no responsibility for the timeliness, misdelivery, 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. Web Pages and File Storage As part of the Broadband Service for residential customers, and as part of the Broadband Service for business customers subject to a Broadband Service plan that expressly provides such access, North State provides access to web pages and storage space (collectively, the “Web Features”). You are solely responsible for any information that you or others publish or store on the Web Features. You are also responsible for ensuring that all content made available through the 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. North State 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. North State may remove or block content contained on your Web Features and terminate your 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
North State strives to provision a customer’s connection up to the maximum advertised speed, but actual speed experienced by the customer will vary based on multiple factors, such as the condition of wiring inside a specific location or the electromagnetic interference on the customer’s line; general Internet backbone configurations and computer configuration; network or Internet congestion; and the server speeds of websites accessed. These variables can cause the Broadband Service to perform at less than maximum advertised speeds. North State does not and cannot guarantee speeds. North State manages its network with the goal of delivering a fast, safe and uncompromised broadband Internet experience to all of its customers. High-speed bandwidth and network resources are, however, not unlimited. Managing the network is essential for the promotion of the best possible broadband Internet experience by all of North State’s customers. The Company uses reasonable network management practices that are consistent with industry standards. North State 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 North State 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, North State can deliver the best possible broadband Internet experience to all of its customers. Visit North State’s website at www.northstate.net for more information.
A. Network Management
North State 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. North State’s network management practices may include (i) identifying spam and preventing its delivery to customer email 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 North State may be required to implement in order to meet its goal of delivering the best possible broadband Internet experience to all of its customers. North State does not manage network congestion by capping an individual customer’s usage, reducing the speed of an individual customer’s service once a certain amount of usage is exceeded, or other similar strategies. Instead, North State focuses on anticipating and avoiding congestion by monitoring network usage and augmenting capacity in a targeted manner. As Internet traffic volumes continue to grow, it may not be possible to manage network congestion through capacity upgrades alone. As a result, North State will continue to evaluate its practices in this respect and will revise its approach as needed to deliver a quality online experience, including possibly offering tiers of service with different usage allowances and/or assessing fees for exceeding such allowances.
B. Network Usage and Data Consumption Restrictions
The excessive or unreasonable use of North State’s network resources by one customer may have a negative impact on all other customers. Accordingly, you may not use, or take any action, directly or indirectly, that will result in use, of the Broadband Service in a manner that is excessive or unreasonable with respect to frequency, duration or bandwidth consumption when compared to the predominant usage patterns of other customers on a similar service plan or in your geographic area or which may weaken network performance, as determined by North State’s sole discretion. Such prohibited actions include, but are not limited to: using North State’s Broadband 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 North State’s Broadband Service. 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 North State 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 North State’s ability to deliver and monitor the Broadband Service or any part of its network. If North State determines, in its sole discretion, that you have violated the restrictions referenced above, North State 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. North State may also provide versions of the Broadband Service with different speed and data consumption limitations, among other characteristics, subject to applicable Broadband Service plans. North State’s determination of the data consumption for Broadband Service accounts is final.
IV. VIOLATION OF THIS ACCEPTABLE USE AUP
North State 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. North State 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. North State has no obligation to monitor the Broadband Service and/or the network. However, North State 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 North State users. North State prefers to inform customers of inappropriate activities and give them a reasonable period of time in which to take corrective action. North State also prefers to have customers directly resolve any disputes or disagreements they may have with others, whether customers or not, without North State’s intervention. However, if the Broadband Service is used in a way that North State or its suppliers, in their sole discretion, believe violates this AUP, North State 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 North State nor its affiliates, suppliers, nor agents will have any liability for any of these responsive actions. These actions are not North State’s exclusive remedies and North State may take any other legal or technical actions it deems appropriate, with or without notice. North State 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 North State’s servers and network. During an investigation, North State may suspend the account or accounts involved and/or remove or block material that potentially violates this AUP. You expressly authorize and consent to North State and its suppliers cooperating with (i) law enforcement authorities in the investigation of suspected violations of law, 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, North State is authorized to delete any files, programs, data, email and other messages associated with your account (and any secondary accounts). The failure of North State 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 of this AUP will remain in full force and effect. You agree to indemnify, defend and hold harmless North State and its affiliates, suppliers, and agents against all claims and expenses (including reasonable attorney fees) resulting from any violation of this AUP by you or others using your Broadband Service account. Your indemnification will survive any termination of the Subscriber Agreement.
V. COPYRIGHT AND DIGITAL MILLENNIUM COPYRIGHT ACT REQUIREMENTS
North State is committed to complying with U.S. copyright and related laws, and requires all customers and users of the Broadband Service to comply with these laws. Accordingly, you may not store any material or content on, or disseminate any material or content over, the Broadband Service (or any part of the Broadband Service) in any manner that constitutes an infringement of third party intellectual property rights, including rights granted by U.S. copyright law. Owners of copyrighted works who believe that their rights under U.S. copyright law have been infringed may take advantage of certain provisions of the Digital Millennium Copyright Act of 1998 (the “DMCA”) to report alleged infringements. It is North State’s policy, in accordance with the DMCA and other applicable laws, to reserve the right to terminate the Broadband Service provided to any customer or user who is either found to infringe third party copyright or other intellectual property rights, including repeat infringers, or who North State, in its sole discretion, believes is infringing these rights. North State may terminate the Broadband Service at any time with or without notice for any affected customer or user. Copyright owners may report alleged infringements of their works that are stored on the Service or the Personal Web Features by sending North State’s authorized agent a notification of claimed infringement that satisfies the requirements of the DMCA. Upon North State’s receipt of a satisfactory notice of claimed infringement for these works, North State will respond expeditiously to either directly or indirectly (i) remove the allegedly infringing work(s) stored on the Service or the Personal Web Features or (ii) disable access to the work(s). North State will also notify the affected customer or user of the Service of the removal or disabling of access to the work(s). If the affected customer or user believes in good faith that the allegedly infringing works have been removed or blocked by mistake or misidentification, then that person may send a counter notification to North State. Upon North State’s receipt of a counter notification that satisfies the requirements of DMCA, North State will provide a copy of the counter notification to the person who sent the original notification of claimed infringement and will follow the DMCA’s procedures with respect to a received counter notification. In all events, you expressly agree that North State will not be a party to any disputes or lawsuits regarding alleged copyright infringement.
Designation of Agent to Receive Notification of Claimed Infringement
Full Legal Name of Service Provider: North State Telephone Company d/b/a North State Communications Alternative Name(s) of Service Provider: NorthState Communications, North State Communications, NorthState, North State Address of Service Provider: 4100 Mendenhall Oaks Parkway Suite 300 High Point, NC 27265 Agent Designated to Receive Notification of Claimed Infringement: Abuse Department Full Address of Designated Agent to which Notification Should be Sent: 111 N. Main Street P.O. Box 2326 High Point, NC 27261 Telephone Number of Designated Agent: 336-886-3600 Email Address of Designated Agent: firstname.lastname@example.org
NETWORK MANAGEMENT POLICY
North State Telephone Company d/b/a North State Communications and its affiliates (collectively, “North State” or “Company”) provide this statement in accordance with the Federal Communication Commission’s (“FCC”) Open Internet Rules. This statement explains the network management practices, performance characteristics, and commercial terms of the mass-market broadband Internet access services (“Broadband Services”) sold by North State on a standardized basis to residential customers, small businesses, and other end-user customers such as schools and libraries. This statement is intended to help current and prospective customers make informed choices about the use of North State’s Broadband Services, as well to help providers of Internet applications, services, and content make use of North State’s network to reach users. This statement is provided for informational purposes only and may be changed at any time without notice. Information about North State’s other policies and practices are available at www.northstate.net (“North State Website”). North State manages its network to ensure that all of its customers experience a safe and secure broadband Internet environment that is fast, reliable and affordable. North State wants its customers to enjoy all that the Internet has to offer, whether it is social networking, streaming videos and music, to communicating through email and video conferencing. North State manages its network for a number of reasons, including optimization, as well as congestion and security-protocol-management. North State uses various tools and industry standard techniques to manage its network and deliver fast, secure and reliable Internet service. Such management tools and practices include the following:
I. Network Management Practices
A. Managing Congestion
North State periodically monitors the connections on its network in the aggregate to determine the rate of utilization. If congestion emerges on the network, North State will engage in the re-routing of Internet traffic to relieve congestion. In order to reduce instances of congestion, North State has capacity management procedures in place. On our core and access networks, North State may increase capacity by adding FTTH nodes, transport, Internet aggregation routers and bandwidth, as needed. On North State’s network, all customers have access to all legal services, applications and content online and, in the event of congestion, most Internet activities will be unaffected. Some customers, however, may experience longer download or upload times, or slower surf speeds on the web when instances of congestion do occur on North State’s network. Customers whose conduct abuses or threatens North State’s network or which violates the Company’s Acceptable Use Policy or Internet Service Terms and Conditions will be requested to stop any such use immediately. A failure to respond to such request or to cease any such conduct could result in service suspension or termination. North State’s network and congestion management practices are ‘application-agnostic’, based on current network conditions, and are not implemented on the basis of customers’ online activities, protocols or applications. North State does not manage congestion by capping an individual customer’s usage, reducing the speed of an individual customer’s service once a certain amount of usage is exceeded, or other similar strategies. Instead, North State focuses on anticipating and avoiding congestion by monitoring network usage and augmenting capacity in a targeted manner. As Internet traffic volumes continue to grow, it may not be possible to manage network congestion through capacity upgrades alone. As a result, North State will continue to evaluate its practices in this respect and will revise its approach as needed to deliver a quality online experience, including possibly offering tiers of service with different usage allowances and/or assessing fees for exceeding such allowances.
B. Network Security
North State knows the importance of attempting to secure its network and customers from network threats and annoyances. The Company promotes the security of its network and patrons by providing resources to its customers for identifying and reporting such threats as spam, viruses, firewall issues, and phishing schemes. North State also deploys spam filters in order to divert spam from an online customer’s email inbox while allowing the customer to control which emails are identified as spam. As its normal practice, North State does not block any protocols, content or traffic for purposes of network management, except that the Company may block or limit such traffic as spam, viruses, malware, or denial of service attacks to protect network integrity and the security of our customers. North State also has a port filtering policy aimed at reducing the spread of computer-related viruses and protecting your computer from intruder access.
C. Application-Specific Behavior and Device Attachment Rules
Except as may be provided elsewhere herein, North State does not currently engage in any application-specific behaviors nor does it employ any device attachment rules for its network.
North State’s network management employs a variety of industry-standard tools, applications and devices to monitor, secure and maintain its network. North State uses network management software to monitor aggregate traffic usage.
E. Monitoring Schedule
North State uses network management software to conduct periodic monitoring of the network in order to detect abnormal traffic flows, congestion, network security breaches, malware, loss, and damage to the network.
II. Network Performance
A. Service Description
North State offers a variety of Broadband Services over copper and fiber-based technologies, each of which may have a different service capability speed. The term speed is often used to describe the capacity at which a particular Broadband Service can transmit data. The capacity is typically measured in the number of kilobits, megabits, or gigabits that can be transmitted in one second (Kbps, Mbps or Gbps). Some applications such as sending email without attachment or basic web browsing do not require high service capability speeds to function optimally. Other activities like transferring large data files can be performed faster with higher-speed services. Your service capability speed may not be suitable for some applications, particularly those involving real-time or near real-time, high-bandwidth uses such as streaming video or video conferencing.
B. Expected and Actual Speed and Latency
North State strives to support advertised speeds and will dispatch repair technicians to customer sites to perform speed tests as needed to troubleshoot and resolve speed and application performance issues caused by North State’s network. North State measures availability, latency, and aggregate utilization on the network and strives to meet internal service level targets. However, customer’s service performance may be affected multiple factors, (refer to http://www.northstate.net/Content/pdf/Support/Res_Internet_Email_Help.pdf for assistance) such as the condition of wiring inside a specific location or the electromagnetic interference on the customer’s line; general Internet backbone configurations and computer configuration; network or Internet congestion; and the server speeds of websites accessed. The North State speed test can be found at http://speedtest.northstate.net/. Because speed tests measure performance at that particular time, results may vary depending on when the test is run. North State is in the process of developing additional systems that will allow us to measure these indicators out to test points at each major network aggregation site on the edge of our last mile network. Once these systems are developed, North State will be able to measure system metrics on a network-wide basis and will disclose the results on its website.
C. Impact of Specialized Services
North State and its subsidiaries provide specialized services such as Fiber TV. These real time services command optimal bandwidth. The specialized service is combined with the general Internet traffic on North State’s network. Although unlikely, broadband customers could experience service delays if there is an occurrence of congestion on North State’s network because, in any such event, these specialized services are given priority over general Internet traffic.
VII. Commercial Terms
VIDEO (TV) ACCEPTABLE USE POLICY
North State reserves the sole discretion to deny or restrict any of your Video / Television Services, or immediately to suspend or terminate any such Service, if the use of any Service by you or anyone using it, in our sole discretion, violates the North State Universal Terms and Conditions or any other North State policies, is objectionable or unlawful, interferes with the functioning or use of the Internet or the North State network by North State or other users, or violates the terms of this Acceptable Use Policy (“AUP”). Capitalized terms not otherwise defined herein shall have the meaning for such term set forth in the North State Universal Terms and Conditions. For avoidance of doubt, this AUP applies in addition to, and not in lieu of, any Acceptable Use Policy adopted by North State relating to broadband services.
Copyright Infringement/Repeat Infringer Policy
North State respects the intellectual property rights of third parties. Accordingly, you may not store any material or use North State’s systems or servers in any manner that constitutes or results in an infringement of third party intellectual property rights, including under U.S. copyright law. In accordance with the Digital Millennium Copyright Act (“DMCA”) and other applicable laws, North State may suspend or terminate any Service provided to any subscriber or account holder who is deemed to infringe third party intellectual property rights, including repeat infringers of copyrights. In addition, North State expressly reserves the right to suspend, terminate or take other interim action regarding any Service of any subscriber or account holder if North State, in its sole judgment, believes that circumstances relating to an infringement of third party intellectual property rights warrant such action. These policies are in addition to and do not affect or modify any other rights North State may have under law or contract. If you believe that copyrighted material has been used in violation of this policy or otherwise been made available through the Services in a manner that is not authorized by the copyright owner, its agent or the law, please contact North State. North State may, but is not required to, monitor your compliance, or the compliance of other customers, with this AUP. You acknowledge that North State shall have the right, but not the obligation, to pre-screen, refuse, move or remove any content available through the Services, including but not limited to content that violates the law, the North State Universal Terms and Conditions or this AUP.
LONG DISTANCE RATES
Terms and Conditions for IntraLATA Toll
In-state and Interstate and International Long Distance Services offered by North State Communications Long Distance, LLC and/or North State Telephone Company d/b/a North State Communications North State Telecommunications Corporation has two subsidiaries that offer long distance services to end users based on the geographic location of the person that the end user calls: North State Communications Long Distance, LLC (“NSCLD”) and North State Telephone Company d/b/a North State Communications (“NSC”). NSCLD offers interstate long distance (i.e., state-to-state), intrastate (i.e., calls between two points in North Carolina), and international long distance (calls from a location within the United States to another country). NSC offers intrastate IntraLATA (i.e., calls between two points in the Greensboro, North Carolina LATA). For the convenience of their respective end user customers, NSCLD and NSC both offer their services under the North State Universal Terms and Conditions, of which these Terms and Conditions are a part and into which these Terms and Conditions are incorporated by reference. The rates for the services offered by each are available through documents and/or links as indicated below or in the North State Universal Terms and Conditions. You can elect to presubscribe to either NSCLD or NSC for the Service offered by each entity. For convenience, we use the term “Service” to refer to those situations when you make a call using the service of either company. We use the term “Company” to refer either to NSCLD when you make an interstate or international long distance call or to NSC when you make an intrastate long distance call, as appropriate. In each situation, however, the Service is offered at the rates, and under the Terms and Conditions stated herein and, in addition, NSC offers IntraLATA long distance service subject to the Terms and Conditions for IntraLATA Long Distance Service, and NSC and NSCLD offer the said services subject to the North State Universal Terms and Conditions, as such rates, Terms and Conditions may be modified by the Company from time to time. As used herein, “you” or “your” refers to the individual or entity using or paying for the Service.
1. LEGAL DISCLAIMER FOR UNLIMITED LONG DISTANCE PLANS.
Usage in excess of typical residential usage, which is presumed to be 5000 minutes per month, will be subject to an additional fee of $50.
2. LONG DISTANCE RATES.
North State reserves the right to revise such rates, as provided for by applicable law or regulation, if any.
WEB HOSTING TERMS AND CONDITIONS
1. nscomhosting.com (“Company”) claims no control whatsoever over the content of the information passing through the nscomhosting.com WEB SYSTEM. nscomhosting.com makes no warranties of any kind, either expressed or implied, for the service it is providing. nscomhosting.com also disclaims any warranty of merchantability or fitness for a particular purpose as to any services, products or equipment it may provide. 2. Company will not be responsible for any damage you suffer. This includes loss of data resulting from delays, non-deliveries, or service interruptions caused by its own negligence or your errors or omissions. 3. Company WEB HOSTING SYSTEM may only be used for lawful purposes. Transmission of any material in violation of any Federal, State, local or other applicable regulation is prohibited. This includes, but is not limited to, copyrighted material, material legally judged to be threatening or obscene, or material protected by trade secret. 4. We do not permit adult material of any form (including but not limited to images, text, sound, video, etc) to be published through this site. Further, you are not permitted to distribute material promoting hatred against individuals or groups or any content which may be deemed to be illegal according to the laws or regulations of the United States or North Carolina. We reserve the right to decline requests for web space rentals and to cancel any account at our discretion. You are also not permitted to distribute material promoting any form of network abuse (such as bulk spam mailers, sniffers, or hacking tools). See Article 4 below. 5. At nscomhosting.com and its officers’ discretion, access to nscomhosting.com WEB HOSTING SYSTEM may be revoked at any time for abusive conduct on the system and/or the Internet and its resources as a whole. nscomhosting.com and its officers are deemed as authority to define abusive conduct to the system, in their sole discretion, and definitions may periodically change or be amended to previous ones. 6. You may not compile or install binary files other than the ones provided on the system. We do not make C compilers available for our web clients, and the PERL binaries provided will *not* have networking support (for example, socket.ph, ftp.pl, etc.) However, if there is any program which you’d like added to the available system binaries or scripts please check with your sales representative to arrange approval. 7. You agree to indemnify and hold harmless nscomhosting.com from any claims resulting from your use of the service which damages you or another party. 8. Use of any information obtained via nscomhosting.com WEB HOSTING SYSTEM is at your own risk. Company specifically denies any responsibility for the accuracy or quality of information obtained through its services. 9. Telnet and Shell Access is strictly prohibited. 10. You may use ftp to access your home directory for the purpose of installing and editing your web pages as often as necessary. 11. These Terms and Conditions supersede all previous representations understandings or agreements and shall prevail notwithstanding and variance with the Terms and Conditions of any order submitted to Company. 12. If a website is in the process of exceeding a total of 150 MB of Disk Space on nscomhosting.com or the traffic is deemed higher than averages, the web content must be transplanted onto the Heavy User Server, a Managed Server or a possible alternative. 13. Company reserves the right to suspend without prior notification, accounts which are deemed to be a threat to the functionality or existence of nscomhosting.com WEB HOSTING SYSTEM. 14. Company will provide a 30 day money back guarantee. The 30 days start from the earlier of the day Company receives the electronic order form or the day customer signs up via fax. In any case, the set-up fee, extra bandwidth and extra storage space charges are not refundable. 15. Cancellations will NOT generate ANY refund. 16. If any nscomhosting.com account is generating web traffic considered unusually high, we may require the site to be placed on a Heavy User server Virtual Server. We reserve the right to make this determination at our sole discretion. 17. Use of nscomhosting.com WEB HOSTING SYSTEM constitutes acceptance of these Terms and Conditions, as well as those set forth in the North State Universal Terms and Conditions.
Domain Parking / Reservations
1. There is no charge for indefinite parking of domains on nscomhosting.com servers. However, in the event a domain that was registered is transferred in less than 30 days from date of registration there will be an administrative transfer cost of $15.00 per domain assessed plus applicable taxes. Domain registration is heavily subsidized, and therefore this fee is required to ensure that we can continue to offer exceptionally low cost domain registrations for our valued customers. 2. Domain Parking does NOT include Web Space or Virtual Hosting.
1. Virtual Hosting will be active 24 hours after the initialization process begins (Final Confirmation is emailed to the client with subject ‘Final Service Confirmation’). This includes DNS Support and Web Hosting Support.
Heavy User Server
1. This server is available by approval by a senior nscomhosting.com officer only.
Disputes Between Domain Name Holders and Third parties
The applicant for Company service acknowledges that any third party may, for whatever reason, challenge the use by the applicant of the domain name before an Administrative Domain Name Challenge Panel (ACP) in accordance with the WIPO ACP rules. The applicant further acknowledges that the decisions of an ACP may determine rights of applicant or other parties, or both, to the use of a particular domain name, and that, with respect to its right to use a particular domain name or names; it will be bound by ACP decisions nscomhosting.com is a Web Hosting Service owned and maintained by nscomhosting.com Inc.
WIRE PROTECTION PLAN TERMS & CONDITIONS
As a North State customer, you are responsible for maintaining that part of your telephone line between the network interface point (which is usually a gray box attached to the outside of your house) up to and including the telephone set. To help you maintain the wiring and jacks inside your residence, North State offers an optional Wire Protection Plan subject to the following terms: 1. By using this North State service, Customers agree to be bound to the Terms and Conditions contained herein, as well as those set forth in the North State Universal Terms and Conditions. 2. These Terms and Conditions supersede all previous representations, agreements, or understandings between the parties and, together with those set forth in the North State Universal Terms and Conditions, shall be the prevailing terms of this agreement for Wire Protection Plan Service rendered by North State to you. 3. Under this Plan, North State will repair telephone service problems which may arise in the wiring and jacks inside your home. If the problem is in the line between the network interface and the jacks, or in the jacks themselves, North State will make needed repairs. (see illustration here) If the problem is caused by defect in the cord from the jack to the telephone or other equipment (e.g., fax machine, answering machines, modem, etc.) or the equipment that is attached to your line, North State will advise you of the source of the problem. 4. This Plan does not cover (1) problems caused by willful damage to inside wire or jacks; (2) animal damage, physical abuse or damage caused by Acts of God (such as fire, windstorm, flood, hurricane, or other similar acts); (3) service problems in your inside wire or jacks that obviously existed at the time you subscribed to the Plan; (4) inside wire or jacks that do not meet industry standards for telecommunication; (5) repair of third party damage, such as home improvements and construction damage; and (6) any repair to and/or maintenance of your inside wiring or jacks that after reasonable effort North State determines that repair and/or maintenance cannot be performed in a safe manner due to the presence of asbestos or other environmentally hazardous substance, or due to the existence of an unsafe condition. 5. When existing subscribers request coverage under the Plan, the Plan will not become effective until 30 days after the date the Plan is ordered. This Plan is provided on a month-to-month basis and can be cancelled by either party giving oral or written notice to the other. 6. If you have more than one exchange access line in your premises, you must subscribe to the Plan for each line. If you have a key telephone system, a Private Branch Exchange (PBX), or other non-basic telephone system, you are not eligible for this Plan. 7. Rates, terms or conditions of this optional Wire Protection Plan may be changed on 30-days notice. This notice, which may be provided on your monthly billing or inserted in the billing envelope, or otherwise, shall include the revised rate, Terms and Conditions and the effective date of change. You may cancel this Plan by calling your North State office. 8. All North State services are sold subject to the Terms and Conditions contained in applicable tariffs, price list and/or contracts, as well as in the North State Universal Terms and Conditions and documents referenced therein. Any inconsistency between this information and such tariffs, price list and/or contracts, or the North State Universal Terms and Conditions and documents referenced therein, will be resolved in favor for such tariffs, price list and/or contracts, Terms and Conditions or referenced documents. 9. North State services may be used for only legal purposes. It is not acceptable to use North State equipment, systems, networks, or services to transmit or facilitate threatening, obscene, objectionable, or harassing materials or communications. North State reserves the right to terminate any services used for such purposes and to contact law enforcement to report any illegal activity. 10. Customer represents that he/she is an individual over the age of eighteen or is using North State services under the supervision of an adult, and that Customer will not knowingly use North State services to solicit or harm a person under the age of 18 in any manner. 11. NORTH STATE SHALL NOT BE LIABLE FOR DAMAGES INCLUDING ANY INDIRECT, CONSEQUENTIAL, SPECIAL, INCIDENTAL OR PUNITIVE DAMAGES (INCLUDING THE LOSS OF GOODWILL, LOSSES ASSOCIATED WITH LOST OR STOLEN DATA, LOST SAVINGS, AND/OR LOST PROFITS), THAT ARISE FROM (1) ANY DEFECTS IN MATERIALS USED TO MAINTAIN INSIDE WIRE OR JACKS; OR (2) DEFECTS IN WORKMANSHIP PROVIDED UNDER THE PLAN. THERE ARE NO EXPRESS OR IMPLIED WARRANTIES, WARRANTIES OF MERCHANTABILITY, OR WARRANTIES OF FITNESS FOR A SPECIFIC PURPOSE OFFERED WITH THIS PLAN. NORTH STATE’S LIABILITY FOR DEFECTIVE MATERIALS OR WORKMANSHIP IS LIMITED TO THE REPAIR OR REPLACEMENT OF THE DEFECTIVE MATERIAL AND/OR A CORRECTIVE SERVICE VISIT. 12. In no event shall North State be liable to Customer or any person for any cost, damage or harm whatsoever arising from: (a) Customer’s negligence or willful acts: (b) the attachment or use of any equipment or wiring by Customer which is used in conjunction with the Service; (c) the use of any facilities of other carriers by North State in rendering its services; (d) errors or omissions associated with your email address, telephone number or listing information provided via directory assistance; (e) any unlawful use of any North State service or violation of North State’s applicable Acceptable Use Policy; or (f) any acts beyond the control of the Company including, but not limited to: (1) acts of God, riots, fire, flood or other catastrophe; or (2) any law, regulation, directive, order or request of any federal or state governmental authority or agency having jurisdiction over North State or its services. 13. Customer agrees to indemnify and hold harmless North State for any for any liability with respect to any and all claims and damages, of every kind (including specifically special, indirect, incidental, punitive, exemplary or consequential damages), arising from Customer’s use of the Service. This indemnity of North State also extends to: (a) any claims or damages arising out of or attributed, directly or indirectly, to service problems; (b) any claims or damages of the owner of your premises or equipment; (c) any other third party claims and damages; or (d) damages resulting from the unauthorized use of Customer’s account by third parties. 14. Based on the circumstances presented, North State may waive certain of the requirements stated herein. Such waiver will be limited to that set of specific circumstances and shall not constitute a general waiver of any of the provisions hereof and will not eliminate Customer’s obligation to continue to comply with the Acceptable Use Policy. 15. North State reserves the right to respond to violations of its Acceptable Use Policy in the manner it deems appropriate, including but not limited to the termination of the Customer’s right to use North State services. 16. Any dispute arising out of or relating to the use of this service shall be governed by and construed in accordance with the laws of the State of North Carolina, without regard to otherwise applicable choice of law principles. 17. North State reserves the right, in its sole discretion, to modify this Plan from time to time, which modifications shall become effective as to Customer upon the posting thereof on North State’s website and Customer’s use thereafter of any North State equipment, systems, networks, or services.