Terms of Service

 

 

Nikola Broadband is committed to providing dedicated, reliable and robust Internet services by providing options that are not necessarily offered by other Internet service providers. By subscribing to Nikola Broadband services, you understand and agree to these terms of service and any future modifications or additions to this document.

Email:
Nikola Broadband communicates with customers primarily via email. You agree that sending a message to your contact email address is our agreed upon means of providing notification. All Nikola Broadband Internet services come with at least one email account. It is required that you routinely check this email account, or in the event that you have another email account that you prefer to use, make arrangements to forward your Nikola Broadband email to your preferred account.

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Privacy Policy:
Nikola Broadband is committed to respecting your privacy. Once you choose to provide personally identifiable information, it will only be used in the context of your customer relationship with Nikola Broadband.

On various Nikola Broadband web pages you can order services, make requests, and register to receive materials or support. The types of personal information collected at these pages are name, username, contact and billing information, transaction, and credit card information. Data collected online may also be combined with information provided during ownership registration of Nikola Broadband products and services. In order to tailor subsequent communications and continuously improve products and services, Nikola may ask you to voluntarily provide information regarding your personal or professional interests, demographics, product experience, and contact information.

Nikola Broadband will not sell, rent, or lease your personally identifiable information to others. Unless required by law, Nikola Broadband will only share the personal data provided with business partners who are acting on our behalf to complete the activities you requested. Such business partners are governed by Nikola Broadband’s privacy policy with respect to the use of this data. Should your personal information be required by a company not governed by Nikola Broadband’s privacy policy, your permission will be initially obtained. If you choose to share such information, the use of that data will be governed by the company’s respective privacy policy.

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Customer Data:
The proceeding paragraph may seem slightly ambiguous to anyone wondering if we plan to sell customer internet usage data in light of the recent joint resolution passed by our elected representatives that would allow an Internet Service Provider to do exactly that. We have no designs on taking the current congress up on their offer, all of us here at Nikola Broadband find the idea of selling customer browsing history repugnant. We wouldn’t want our browsing histories sold, so we will never sell yours. That’s an unequivocated never, not under any circumstances. Not if they offer a million dollars, or even two.

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Acceptable Usage

Offering internet based services for public consumption is expressly prohibited on a residential wireless account. Services that we have categorized as commercial offerings, or are otherwise abusive to other wireless subscribers, may include, but are not limited to: web servers, email servers, IRC servers, patch distribution frameworks, anonymous file sharing services, bittorrent based content distribution, bots, & adult content services. If you need to offer internet based services that Nikola Broadband has designated as commercial in nature, or otherwise disruptive to our wireless customers, please inquire about the availability of our commercial fiber service, or our web hosting platform.
Acceptable Usage is further detailed in the sections that follow:

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Moderations of Use:

Bandwidth: As an ISP, Nikola Broadband’s bottom line is determined partially by the amount of bandwidth customers utilize. Nikola Broadband can normally balance that cost and utilization while continuing to provide great service to all customers.  If you utilize any of your Nikola Broadband services in a manner which consumes excessive bandwidth or affects Nikola Broadband’s core equipment, overall network performance, or other users’ services, Nikola Broadband may require that you cease or alter these activities.

The resale of residential-class services is strictly prohibited. Collection of service fees from third party customers on behalf of a Nikola Broadband residential-class service is allowed only if the primary account holder has subscribed to a service package defined by Nikola Broadband to promote connection sharing of any type. This includes but is not limited to both wireless and wired connection sharing.  All wireless access points on our network must be secure and may not be shared with neighbors.

Nikola Broadband reserves the right to modify or terminate services at our sole discretion.

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Email Spam:
Transmission of unsolicited e-mail from anywhere within our network, distributing unsolicited, commercial, email which advertises any portion of Nikola Broadband’s network, IP or domain space, hosting content for the purpose of spamming (such as bulk e-mail distribution lists) or providing support services (such as DNS) for anyone intending to conduct such activity is in violation.

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Denial of Service
The use of your connection to facilitate any activity that deliberately impairs another entity, individual or machine from accessing their computer or internet connection is in violation.

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Hacking
Any member accessing or attempting to access the machines or accounts of others or any other attempts to breach the security of other systems, regardless of success or failure, is in violation. This also applies to unauthorized mail or web relay/proxy access attempts and port scans.

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Dissemination of Viruses
Intentional release of malicious software that is an attempt to cause damage or harassment to persons and/or machines is in violation.

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Personnel Abuse
Personal threats, profanity and vulgarities of any sort directed toward Nikola Broadband personnel are considered in violation and will not be tolerated.

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Backup of Data

Customers are solely and entirely responsible for the management and backup of all customer data, and all updates, upgrades, and patches to any software that customers use in connection with Nikola Broadband services.

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Content Restrictions

All content hosted on Nikola Broadband’s servers are subject to our Moderations of Use and Acceptable Use Policy. Nikola Broadband’s servers may be used for lawful purposes only. Transmission, storage or distribution of any information, data or material in violation of any applicable law or regulation, or that may directly facilitate the violation of any particular law or regulation is prohibited. This includes, but is not limited to, Intellectual Property Rights Infringement, child pornography and material that constitutes an illegal threat or violates export control laws.  In addition, pornography hosting or dissemination is not permitted.

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Account Billing & Invoicing

Nikola Broadband invoices by e-mail, each month in advance.  Invoices are due within 20 days of receipt.

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Termination Policy

Nikola Broadband has the right to terminate your service at it’s sole discretion, as determined by Nikola Broadband’s Acceptable Usage Policy, Moderations of Use clause, or account delinquency.

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Reporting Abuse

If you need to report hacking, malware or packeting activity that appears to originate from our network, please include your original unmodified and timestamped logs, including a brief statement identifying yourself, or your organization, as the reporting party, and the frequency of the reported activity being observed. If you believe you have received spam from an address within out net range, please include the entirety of the offending message, including full message headers in your spam report.

Your abuse reports can be submitted electronically to abuse@nikolabroadband.com. Any reports disregarding these instructions, providing insufficient detail, or lacking a verifiable origination contact will not be processed.

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Reporting Copyright Infringement

Nikola Broadband is a listed agent at dmca.copyright.gov, if your organization regularly submits these notices, you should already be familiar with this directory, and be making use of it. Submitting DMCA takedown notices to our upstream providers, instead of contacting us directly, only serves to impede the timely processing of your takedown request.

Digital Millennium Copyright Act takedown notices that follow the legally proscribed format can be submitted electronically to abuse@nikolabroadband.com. Any report disregarding these instructions, providing insufficient detail, or lacking a verifiable origination contact will needlessly delay the processing of your request.

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