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.
- Customer Data
- Acceptable Use
- Residential Use
- Moderation of use
- Denial of Service
- Dissemination of Viruses
- Personnel Abuse
- Backup of data
- Limitations of support and redress
- Content Restrictions
- Account Billing & Invoicing
- Termination Policy
- Reporting Abuse
- Reporting Copyright Infringement
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.
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.
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.
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, crypto-currency mining operations, & adult content services.
Acceptable Usage is further detailed in the sections that follow:
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 package, or our web hosting platforms, as commercial usage is unsupported on all residential fixed wireless accounts.
Conforming residential usage is defined as typical recreational internet usage as would be anticipated by a provider for single family usage in web browsing, research, entertainment, shopping, and non-commercial internet communications. The only supported metrics for residential usage are the availability of a connection to the premises, and the availability of bandwidth to the premises.
All Work-from-home vendor technologies like VPN are non-conforming to the defined residential usage scenarios. Utility service replacement technologies like VOIP are also non-conforming to defined residential usage. Although we do not expressly block the usage of either of these technologies, we will not extend support for them either on residential wireless accounts. Please contact your vendor for any support required for these platforms, as vendors may have additional requirements for these technologies that are only offered in commercial/business internet service plans.
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 or release of residential-class services is strictly prohibited. Collection of 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.
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.
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.
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.
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.
Personal threats, profanity and vulgarities of any sort directed toward Nikola Broadband personnel are considered in violation and will not be tolerated. Using any Nikola service to harass, intimidate, or threaten another party also constitutes a violation of our terms of service.
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.
Limitations of support and redress
Nikola Broadband provides best effort residential fixed wireless service to areas often under-served by other internet options. As such our standard support is limited to providing assistance with scenarios that are >conforming to typical residential usage, such as web browsing, usage of our email service, and the availability of download bandwidth. Please realize that even if a specific usage scenario is not explicitly prohibited by our acceptable use restrictions, that does not suggest we will be able to provide the support for it either. Our best effort service can provide remuneration, however only in the event that your broadband service is not unavailable due to an act of god or self-inflicted injury. The remuneration for this is strictly limited in liability to reduction of your bill for the period the service was unavailable, and any additional credit is applied at the sole discretion of Nikola Broadband staff. We do not extend or imply a service level agreement in excess of best effort, or any additional compensation past a pro-rated credit covering the length the service was unavailable in a single billing cycle.
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.
Nikola Broadband invoices by e-mail, each month in advance. Invoices are due within 20 days of receipt.
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.
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 email@example.com. Any reports disregarding these instructions, providing insufficient detail, or lacking a verifiable origination contact will not be processed.
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 firstname.lastname@example.org. Any report disregarding these instructions, providing insufficient detail, or lacking a verifiable origination contact will needlessly delay the processing of your request.