Net Vision Communications

Terms and Conditions 
As used herein, Net Vision Communications, LLC shall be referred to as Provider, and any person or entity accessing the Internet via the Provider’s system shall be referred to as the Subscriber. The following Terms and Conditions supersede all previous representations, understandings or agreements and shall prevail, notwithstanding any variance with terms and conditions of any order submitted. Use of the Provider’s services constitutes acceptance of the Terms and Conditions set out herein.

Provider Liability
The Provider exercises no control whatsoever over the content of the information originating outside of its system or passing through it. Use of any information obtained via the Provider is at the Subscriber’s own risk. The Provider specifically disclaims any responsibility for the accuracy or quality of information obtained through its services. No warranty is made by the Provider regarding any information, services or products provided through, in connection with, or located on the computer systems of the Provider or other services provided by the Provider. The Provider disclaims any and all warranties of any kind, whether expressed or implied, for the service it is providing. The Provider also disclaims any warranty of merchantability or fitness for a particular purpose. The Subscriber agrees to hold harmless the Provider, its officers, shareholders, agents and employees, and its other Subscribers from any and all claims, costs, expenses, judgments, causes of actions, attorney s’ fees, litigation and court costs resulting from the Subscriber’s use of the Provider services in any manner, whether directly, indirectly or by any act of commission or omission. The forgoing disclaimer of warranties is void where prohibited by law.

Subscriber Responsibility
The Subscriber certifies that either he or she is of at least 18 years of age or has the consent of his or her parent or legal guardian. It shall be the responsibility of the Subscriber to keep the Provider informed as to a valid mailing address to which notice can be sent. Any liability of the Provider, including without limitation, for damages caused or allegedly caused by any failure of performance, error, omission, interruption, electrical surge/damage/interference, deletion, defect, delay in operation or transmission, communications line failure, long distance telephone charges, theft or destruction of or unauthorized access to, alteration of, or use of data whether for breach of contract, tortuous behavior, negligence, or under any other cause of action, shall be strictly limited to the amount paid by or on behalf of the Subscriber to the Provider for the current month. The Subscriber is solely responsible for the knowledge of and adherence to any and all laws, statutes, rules and regulations pertaining to (i) the Subscriber’s use of any the Provider services, and (ii) the communication means by which the Subscriber connects to the Provider services or any other service provided by the Provider. The Provider’s services may only be used for lawful purposes. Transmission of any material in violation of any U.S. or state laws and regulation for any illegal or unlawful purpose is prohibited. This includes, but is not limited to: any material, data, matter, software/software code, intellectual property protected by copyright, trademark, privacy or other proprietary, personal or property right, trade secret, or any other material legally judged to be threatening or obscene, or material protected by trade secret transmission, promulgation, theft, procurement of, communication, alteration, publication or storage of any information, protected material/property, data or material in violation of the national laws of any sovereign nation, or of international law, the United States, or of any state or local law, statute, regulation or rule. The Subscriber agrees to abide by the purpose and acceptable use of the Provider’s policy. Use of the Provider’s services to access other networks, computers. or services, must comply with the policies of these entities.

Non-Transferable
The Subscriber rights herein granted cannot be transferred, shared, sold, or used by anyone other than the Subscriber. With the exception of certain organizational accounts specifically contracted to be used by multiple people, our accounts are individual accounts. Users may not share their user IDs and passwords with others. Violations are subject to immediate termination with all rights, fees and services forfeited by the Subscriber.

Limitations

You may not:

• 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 unless you are subject to a Service plan that expressly permits you to do so. Examples of prohibited equipment and servers include, but are not limited to, email, Web hosting, file sharing, and proxy services and servers;

• Restrict, inhibit, or otherwise interfere with the ability of any other person, regardless of intent, purpose or knowledge, to use or enjoy the Service, including, without limitation, posting or transmitting any information or software which contains a worm, virus, or other harmful feature, or generating levels of traffic sufficient to impede others’ ability to use, send, or retrieve information;

• Restrict, inhibit, interfere with, or otherwise disrupt or cause performance degradation, regardless of intent, purpose or knowledge, to the Service;

• Resell the Service or otherwise make available to anyone outside your premises the ability to use the Service (for example, though Wi-Fi or other methods of networking), in whole or in part, directly or indirectly. The Service is for personal or business use only and you agree not to use the Service for operation as an Internet service provider;

• Connect the Net Vision Equipment to any computer outside of your premises;

• Interfere with computer networking or telecommunications service to any user, host or network, including, without limitation, denial of service attacks, flooding of a network, over loading the Service, improper seizing and abusing operator privileges, and attempts to “crash” a host; and

• Access or use the 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 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 Service plan that expressly permits you to do so.

Net Vision 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 the restrictions enumerated above, that harm its network or other customers using the Service, or that negatively affect its network or other customers using the Service. Net Vision and its affiliates, suppliers, and agents reserve the right to monitor customer transmissions and to disclose, block, or remove them in order to enforce the restrictions in this Policy.

Network Management

Net Vision manages its network with one goal: to deliver the best possible broadband Internet experience to all of its customers. High-speed bandwidth and network resources are not unlimited. If the company did not manage its network, its customers would be subject to the negative effects of spam, viruses, security attacks, network congestion, and other risks and degradations of service. By engaging in responsible network management, Net Vision can deliver the best possible broadband Internet experience to all of its customers. The company uses reasonable network management practices that are consistent with industry standards. While Net Vision tries to use tools and technologies that are minimally intrusive, its network management practices will change and evolve along with the uses of the Internet and the challenges and threats on the Internet. The tools and techniques that Net Vision uses to manage its network can and do change frequently. For example, these network management activities may include, but may not be limited to, (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 delaying or terminating to or from high-bandwidth users during periods of high network congestion, and (iv) using other tools and techniques that Net Vision may be required to implement in order to meet its goal of delivering the best possible broadband Internet experience to all of its customers. Net Vision also reserves the right to suspend or terminate Service accounts where bandwidth consumption is not characteristic of a typical user of the Service as determined by Net Vision in its sole discretion. You must also ensure that your use of the Service does not restrict, inhibit, interfere with, or degrade any other person’s use of the Service, or represent (as determined by Net Vision in its sole discretion) an overly large burden on the network. In addition, you must ensure that your use of the Service does not limit or interfere with Net Vision’s ability to deliver and monitor the Service or any part of its network. If you use the Service in violation of the restrictions referenced above, that is a violation of this Policy. In these cases, Net Vision may, in its sole discretion, suspend or terminate your Service account or request that you subscribe to a different version of the Service if you wish to continue to use the Service at higher bandwidth consumption levels. Net Vision may also provide versions of the Service with different speed and bandwidth consumption limitations, among other characteristics, subject to applicable Service plans. Net Vision reserves the right to investigate suspected violations of this Policy, including the gathering of information from the user or users involved. During an investigation, Net Vision may suspend the account or accounts involved and/or remove or block material that potentially violates this Policy. You expressly authorize and consent to Net Vision and its suppliers cooperating with (i) law enforcement authorities in the investigation of suspected legal violations, and (ii) and system administrators at other Internet service providers or other network or computing facilities in order to enforce this Policy. Upon termination of your Service account, Net Vision is authorized to delete any files, programs, data, e-mail and other messages associated with your account (and any secondary accounts). The rights of Net Vision specified under this Policy are in addition to any others that it may have under other Policies, your Customer or User Agreement or otherwise.

Download Speeds

Standard network connections typically download as described, but your actual results may vary due to items outside a provider’s control, including equipment used and external conditions.

Changes to Terms and Conditions
The Provider reserves the right to amend the Terms and Conditions and any such amendments shall become effective upon promulgation. The Subscriber shall have the right, for a period of 15 days after the promulgation of any amendments to the Terms and Conditions to terminate service. Upon breach of this agreement, all of Subscriber’s rights and privileges shall be immediately terminated.