NTX Fiberwave Terms of Service & "AUP"
TERMS OF SERVICE (TOS) NTX FIBERWAVE , ("The Company") agrees to furnish services to the Subscriber, subject to the following TOS (Terms of Service).
Use of NTX FIBERWAVE Internet services constitutes acceptance and agreement to NTX FIBERWAVE's TOS (Terms of Service).
All provisions of this contract are subject to the TOS (Terms of Service) of NTX FIBERWAVE. , may be changed from time to time at the discretion of the Company.
This Agreement shall be construed in all respects in accordance with the laws of the state of Texas, county of Wise applicable to contracts enforceable in that state. Venue will be Wise County, Texas.
NTX FIBERWAVE expressly disclaims any warranty of its service or equipment for fitness for any particular purpose, or bandwidth or speed or any part of the internet service for any particular purpose and expressly warns that your connection to the Internet is not secure and will vary in availability and speed.
Prohibited Actions: The following actions are expressly prohibited using NTX FIBERWAVE. Internet Service, and may result in suspension of service - any action which violates local, state or Federal Laws, setting up any kind of server, engaging in peer to peer networking, or any other action that creates more than 15 connections from your IP address, engage in spamming or mass emailing of 50 or more emails per day, downloading of copyright materials, hacking of any kind, video monitoring, creating a nuisance on the network, use of profanity or verbal abuse in communication to any NTX FIBERWAVE employee. Running servers requires the purchase of a commercial plan to prevent any bandwidth restrictions that could be applied to your account if you are on a Residential or Business plan. In other words, continuous max bandwidth usage on a residential or business plan falls under poor stewardship and subject to bandwidth restrictions.
Newsgroups, Usenet, Torrent and CDN Service Restrictions: We reserve the right in our sole discretion, with or without notice to you, to modify or restrict the bandwidth available to download content from Newsgroup, Usenet, Torrent's and CDN services due to poor stewardship.
Use of Wireless Routers and Third Party Usage: If you use a wireless router or similar device, you are responsible for securing your wireless network and for any use of the service via your wireless network. You may not resell the service to third parties.
Disclosure to Law Enforcement: Using NTX FIBERWAVE Internet Service for Illegal activities is expressly prohibited. The Company may disclose any and all subscriber information including assigned IP numbers, account history, account use, etc. to any law enforcement agent who makes a written request within the boundaries of law without further consent or notification to the Subscriber.
Controversial Content: Your connection to the Internet is private and as a result we cannot control the nature of the material that you may encounter at some point. The World Wide Web, chat areas are electronic virtual communities, which may not censor the content delivered and/or communicated thru their forums. With the use of your account on the Internet, you will have access to and you will at some time or another be exposed to "Free Speech" that you may find offensive. "Free Speech" may include sexually explicit pictures and/or documents, pro-religious and anti-religious debate, racially offensive speech, and other possibly graphic and/or offensive documents, pictures, etc. NTX FIBERWAVE expressly disclaims liability for any harm resulting from encountering such or similar material.
SPAM is strictly prohibited. In fact, NTX FIBERWAVE. has a ZERO TOLERANCE policy toward SPAM. First violations of this policy will result in an "Administrative Fee" of $150 and your account will be reviewed for possible immediate termination. A second violation will result in an "Administrative Fee" of $300 and immediate termination of your account. Users who violate this policy agree that in addition to these "Administrative" penalties, they agree to pay "Research Fees" not to exceed $175 per hour that NTX FIBERWAVE personnel must spend to investigate the matter. PLEASE, DO NOT SPAM from your account.
NTX FIBERWAVE uses a third party virus scanning system to scan all mail coming to an @ntxfiberwave.com address for viruses. This scanning is done to both protect our infrastructure as well as our customers' computers. Though we believe this virus scanning system we have in place is very thorough, we are not guaranteeing that we can intercept all viruses. Furthermore, our virus scanning system may periodically be completely offline for maintenance. It is still your responsibility to have up-to-date virus protection software installed on your computer. We accept no responsibility for damages a virus does to your computer that may not be intercepted by our virus scanning system.
Service Rates: Subscriber acknowledges that the nature of the service furnished and the initial rates and charges have been communicated to Subscriber. Subscriber is aware that the Company may prospectively change the specified rates and charges from time to time. The promotional offer of "Free Equipment" is contingent upon Company achieving and maintaining its cost of service goals including but not limited to rates charged to company by its suppliers.
Payment Due Date: Payment is due on the 1st of the month by recurring auto pay by MasterCard, Visa, AMEX, Discover, or ACH bank draft. A $15 late fee will be assessed if posted after the 1st of the month. Service will be automatically suspended if payment is not received by midnight on the 1st of the month. A $25 re-connection may be applied for repeat offenders.
Onsite Service: If any technical problem is the result of customer's computer(s), software, router(s) or any other peripheral device or condition that is not the property or cause of NTX FIBERWAVE, onsite service from NTX FIBERWAVE at customer's location will be billed at the rate of 50.00/hour with a 1 hour minimum plus a $25 truck charge. Any onsite work performed will be added to your monthly bill and processed by whichever form of payment you have on file in your customer portal to keep your account in good standing.
Billing, Refunds and Disputes: NTX FIBERWAVE will provide pro-rated refunds on a case by case basis for services canceled in the middle of the month, (this excludes installation fee’s) after it receives a written request to firstname.lastname@example.org, and all processing of that cancellation request is completed with NTX FIBERWAVE vendors. Cancellation windows can take between 3 to 21 business days to complete processing. Any NTX FIBERWAVE deposit fees will be refunded as long as the equipment is returned within 45 days of the date of cancellation request email, is still use able, and contains the Modem or Router, and its requisite power supply. NTX FIBERWAVE accepts payment by ACH (automated bank draft), credit card or debit card. Any billing disputes concerning monthly fees or refunds must be submitted via email email@example.com or by calling us at 833-338-WAVE
Our billing timeline is as follows
1st - Accounts are Due - ACH or Credit/Debit Cards are processed for the contracted amount.
3rd - Accounts are "LATE" and $15 late fee is added to account
7th - Accounts are automatically suspended until payment is made through the customer portal.
Late fee reversal is at the discretion of our billing department for first time offenders
All payments for setup and installation made to NTX FIBERWAVE are non-refundable. Any overcharges or billing disputes must be reported within 30 days of the time the dispute occurred.
Failure to Pay: NTX FIBERWAVE will temporarily deny service’s upon the failure of Subscriber to pay charges when due. Such suspension or denial will not relieve Subscriber of responsibility for the payment of all accrued charges, plus reasonable interest and any collection fees.
Termination: If a customer chooses to show verbal abuse, repetitive cursing, direct or indirect threats of bodily harm (to any of our staff) or threats of slander they will be terminated as a subscriber. That behavior will not be tolerated at NTX FIBERWAVE.
Account Cancellation: For your privacy and protection, all requests for canceling accounts must be made in writing. Cancellation may be emailed to firstname.lastname@example.org.
Any free or leased equipment and other hardware provided by NTX Fiberwave remains the property of NTX Fiberwave and is available for customer use while account is in good standing, once services are cancelled the customer is responsible for returning the equipment within 30 days or the customer will be billed current retail value for the equipment. Only the authorized account holder or a authorized contact may cancel the account. Authorized contacts are appointed only by the account holder. We are unable to post-date cancellations; any request for a cancellation will terminate your service with us immediately. If you choose to re initiate service a $25 dollar account reactivation will apply. If the equipment is returned/removed and re-installation is required, normal installation charges will apply.
Subscriber acknowledges that the service provided is of such a nature that service can be interrupted for many reasons other than the negligence of the company and that damages resulting from any interruption of service are difficult to ascertain. Therefore, subscriber agrees that the company shall not be liable for any damages arising from such causes beyond the direct and exclusive control of the company. Subscriber further acknowledges that the company's liability for its own negligence may not in any event exceed an amount equivalent to charges payable by subscriber for services during the period damages occurred. In no event shall the company be liable for any special or consequential damages, loss or injury.
Breach of Provision: A waiver by the Company of any breach of any provision of these terms by Subscriber shall not operate as or be construed as a continuing or subsequent waiver thereof or as a waiver of any breach of any other provision thereof.
Subscriber shall not transfer or assign their agreement without the prior written consent of NTX FIBERWAVE.
NTX FIBERWAVE reserves right to cancel customers service under this contract at anytime without further obligation.
Customer Referral Program: NTX FIBERWAVE will issue a credit for the amount of subscribed data package up to $79.95 for any new customer referral's. The existing customer receiving the credit will need to be in good standing and have been a customer of NTX FIBERWAVE for 3 monthly billing cycles before credits will be provided. If you have not yet been a customer for 3 months we will post date the credit to take effect on the appropriate date. The credit to be applied is only towards the subscribed data plan, any add on features like EPP, bridge plans or leased routers are not eligible for credits.
Where to Direct Questions about NTX FIBERWAVE.'s Policies:
Boyd, TX 76023
OPEN INTERNET PRINCIPLES OF NTX FIBERWAVE
The Federal Communications Commission issued rules to preserve the Internet as an open platform. These rules went into effect on November 20, 2011 and can be found at this link: http://www.gpo.gov/fdsys/pkg/FR-2011-09-23/html/2011-24259.htm.
All Internet service providers are required to post information regarding various issues so that consumers, both residential and business, can make informed choices about choosing an Internet service provider. This document contains information regarding our services and in compliance with the FCC’s rules. The policies contained herein serve as a supplement to the existing terms of service.
The FCC’s rules focus on three primary issues:
• Transparency. Fixed and mobile broadband providers must disclose the network management practices, performance characteristics, and terms and conditions of their broadband services;
• No blocking. Fixed broadband providers may not block lawful content, applications, services, or non-harmful devices; mobile broadband providers may not block lawful Web sites, or block applications that compete with their voice or video telephony services; and
• No unreasonable discrimination. Fixed broadband providers may not unreasonably discriminate in transmitting lawful network traffic.
• Reasonable network management. ISPs may engage in reasonable network management to maintain a high quality of service for broadband Internet access.
ISPs must disclose their network practices, specifically in the four general areas listed below. ISPs may not block lawful content, applications, services, or non-harmful devices, subject to reasonable network management. An ISP may not block consumers from accessing lawful Web sites, subject to reasonable network management; nor shall the ISP block applications that compete with the provider’s voice or video telephony services, subject to reasonable network management. ISPs may not unreasonably discriminate in transmitting lawful network traffic over a consumer’s broadband Internet access service, although, reasonable network management shall not constitute unreasonable discrimination. The FCC’s rules state that a network management practice is reasonable if it is appropriate and tailored to achieving a legitimate network management purpose, taking into account the particular network architecture and technology of the broadband Internet access service.
NTX Fiberwave manages its network with one goal: to make our best possible effort provide the speeds the customer is paying for and deliver the best possible broadband Internet experience to all of its customers
Active Queue Management
NTX Fiberwave extracts key performance metrics such as packet loss, TCP Round-trip-time latency, jitter and throughput directly from the subscriber traffic in real-time and utilizes Active Queue Management (AQM) techniques, based on FQ-CoDel, to enforce subscriber plan limits. NTX Fiberwave's Quality of Experience (QoE) provides per-flow fairness and prioritization which allows interactive flows like VoIP, gaming & DNS to get through smoothly without being affected by bulk flows like streaming video and large Windows downloads. We do not throttle specific applications or services. This ensures the best possible broadband Internet experience.
Device Attachment Rules
Any device connected to the NTX Fiberwave network must conform to publicly available industry standards and be non-harmful to the NTX Fiberwave network. Residential subscribers may not run any type of server, including, but not limited to, DNS servers, mail servers, ftp servers, game servers or P2P servers.
NTX Fiberwave offers its customers unrestricted access to all of the lawful content, services, and applications available on the Internet. NTX Fiberwave uses industry standard tools and best practices and policies to protect our customers from spam, phishing, and other unwanted or harmful online content and activities. In the instances where these tools and policies identify online content as harmful or unwanted, the content may be prevent from reaching customers, or customers may be permitted to identify or inspect content to determine if it is harmful or unwanted.
ISPs must disclose the following network performance characteristics:
The advertised speed of NTX Fiberwave Internet Service is the maximum speed achievable with the technology utilized by NTX Fiberwave. While the maximum advertised speed is attainable for end users, several factors may affect the actual speed of NTX Fiberwave Internet service offerings, including, but not limited to: the end user’s computer, modem or router, activity during peak usage periods, and other Internet traffic. The service is provided on an “as is” and “as available” basis without warranties of any kind, either express or implied, including but not limited to warranties of title, non-infringement, implied warranties of merchantability or fitness for a particular purpose or any warranties arising from course of dealing or usage of trade, no advice or information given by NTX Fiberwave, its affiliates, its licensors, its contractors or their respective employees shall create a warranty. Neither NTX Fiberwave nor its affiliates, its licensors, its contractors or their respective employees warrants that the service will be uninterrupted or error free or that any information, software or other material accessible on the service is free of viruses, worms, Trojan horses or other malware and/or harmful components.
Impact of Specialized Services
NTX Fiberwave does not offer any specialized services at this time such as VoIP or IPTV.
ISPs must disclose the commercial terms of its broadband Internet access service including those listed below.
In order to meet the usage and budgetary needs of all our customers, NTX Fiberwave offers a wide selection of broadband Internet access plan options. To see NTX Fiberwave's current promotions and pricing on broadband Internet access service, please visit our website https://NTXFiberwave.com/ or call 833-338-WAVE
For additional information on NTX Fiberwave fee schedule for additional network services please call or email us.
NTX Fiberwave affords full access to all lawful content, services and applications available on the Internet and does not routinely monitor, inspect or store the network activity and traffic of its Internet service users. However, NTX Fiberwave reserves the right to monitor bandwidth, usage, transmissions and content for purpose of protecting the integrity of the network and NTX Fiberwave Internet access service through reasonable network management practices.
NTX Fiberwave may collect equipment information to identify the equipment customer is using on the network, including, but not limited to: equipment type, serial number, settings, configuration and software. NTX Fiberwave may also collect performance information to examine the operation of the equipment, services and applications the customer may use on the network, URLs, data transmission rates and latencies, location information, security characteristics, and information about the amount of bandwidth and other network resources customer is using in connection with uploading, downloading or streaming data to and from the Internet.
Network traffic, activity, performance information, and equipment information monitored or collected by NTX Fiberwave is done for the sole purpose of reasonable network management purposes.
The NTX Fiberwave network management practices as discussed herein are intended solely to provide the best online experience possible for our customers by safeguarding our network and its users from spam, viruses, phishing, and other unwanted or harmful online content and activities. NTX Fiberwave’s network management practices are not intended, nor implemented, to block consumers from accessing the content and applications of their choice, deprive consumers of their entitlement to competition, or discriminate against or in favor of certain network traffic.
If you have questions regarding NTX Fiberwave Network Management Practices Policy or would like to file a complaint with NTX Fiberwave regarding its network management practices, please contact NTX Fiberwave at:
143 PR 4666
Boyd, TX 76023
If a customer believes that these open Internet rules are not being met, the customer may file an informal complaint at the Federal Communications Commission. The FCC urges customers to submit any complaints via its website at the following address:http://esupport.fcc.gov/complaints.htm. Customers may also file a formal complaint at the FCC using Part 76 of the Commission’s rules.
The Open Internet Rules, as adopted, and NTX Fiberwave Network Management Practices Policy are not intended to affect, alter or otherwise supersede the legal status of cooperative efforts by broadband Internet Access Service Providers and other service providers that are designed to curtail infringement in response to information provided by rights holders in a manner that is timely, effective, and accommodates the legitimate interests of NTX Fiberwave, rights holders, and end users. Furthermore, the Open Internet Rules, as adopted, and NTX Fiberwave’s Network Management Practices Policy do not prohibit NTX Fiberwave from making reasonable efforts to address the transfer of unlawful content or unlawful transfers of content. For additional information, please review NTX Fiberwave Acceptable Use Policy on NTX Fiberwave’s website.