NIANET End User Agreement
Agreement: These Terms and Conditions are part of the Network
Innovation Associates, Inc. (hereafter referred to as “NIA”) Agreement
("Agreement") by and between the Customer identified in the Agreement
("Customer") electronically accepted or executed by Customer and the
provider of NIANET Services, Network Innovation Associates, Inc. doing business
as NIA. Pursuant to the Agreement and subject to availability, NIA shall
provide to Customer the NIANET Services ordered in the Agreement
("Services"). NIA recommends that Customer print out a copy of these
Terms and Conditions and retain the copy with the rest of Customer's NIANET
Contract. IF CUSTOMER IS NOT A BUSINESS, CUSTOMER HAS A RIGHT TO A HARD COPY OF
THIS AGREEMENT FREE OF CHARGE.
Billing
and Payment: Commencing with the first full month of service, NIA shall
invoice Customer applicable service charges and fees listed in the Contract
Order Form, as well as applicable taxes and government surcharges. The first
invoice will include any non-recurring charges incurred and the pro-rated
monthly recurring charge for service rendered prior to the invoice date, as
well as the monthly recurring charge for service to be provided during the
month in which the invoice is sent. Payment by Customer of invoiced amounts in
U.S. dollars is due within twenty (20) days of the invoice date. Authorized
monthly credit card payments are charged to Customer's credit card within the
first week of the month. Past due accounts will be charged a late fee of 1.5%
per month (or legal limit, if less) on any unpaid past due balance. NIA may sell, assign, or transfer Customer's
account to a third party without notice. In the absence of a notice of such
sale or transfer, Customer must continue to make all required payments to NIA
in accordance with Customer's billing statement.
Additional
NRC (if Applicable): In addition to the standard NRC listed above, the following
NRC, if applicable, will apply:
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Customer
Premises Equipment: NIA’s Customer Premises Equipment ("CPE") is the
sole property of NIA and is loaned to Customer solely to utilize NIANET.
Customer is responsible for maintaining the CPE in good working condition.
Customer shall reimburse NIA, on a time and materials basis as documented in an
invoice, for the cost to repair and/or replace NIA CPE in the event of (a)
misuse, (b) failure to exercise reasonable care, (c) physical damage, (d)
theft, or (e) disaster. Customer acknowledges and agrees that title to the CPE
is retained at all times by NIA.
Support
and Escalation Procedure: Customer may contact NIA for
any and all service and hardware issues by calling 559-271-5500 24 hours a day,
seven days a week or emailing techsupport@getnia.com.
The NIA escalation procedure involves a tiered troubleshooting guideline as
follows: Tier 1 handles all initial inbound calls and escalates them after
performing basic hardware and service troubleshooting. Tier 2 handles all issues beyond tier 1
troubleshooting. Tier 3 handles all NOC
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Standard
Installation: The NIA installation process at Customer premises should take
approximately two (2) hours to complete (please note that 15 minutes is the
allotted time for the Standard Installation NRC for Shared Line and Expanded
Coverage Circuits. Additional time, if needed, will be invoiced as described
above). The installer will provide and install up to fifty (50) feet (25 feet
for Circuits in Expanded Coverage). The installer will provide and install up
to one-hundred (100) feet of new Category 5 wire, an appropriate surface-
mounted wall jack, the proper CPE (router, bridge, etc.), an appropriate cable
to connect your P.C. to the CPE and other minor materials required to complete
the installation. The installer will install (in an accessible basement or
crawl space area or externally along a convenient route) the wire needed to
connect the Local Exchange Carrier or phone company point of demarcation
located outdoors to a reasonably accessible location within Customer's premises
at or near the primary personal computer location, which must be within six (6)
feet of a grounded, 110 VAC, electrical outlet. The installer will test the
circuit to confirm its operability, connect and configure one (1) non-networked
P.C., and verify complete circuit functionality. If the circuit is migrated
from another ISP, its installation for the purpose of billing shall be complete
upon post-migration activation by NIA.
Shared-line
ADSL Self-installation: The self-installation package for Shared-line ADSL Service
includes three in-line micro filters, a wall-mount micro filter, a two-for-one
adapter, and self-installation instructions. NIA reserves the right to change
the package components. Truck roll or professional installation for Shared-line
ADSL Service does not include inside wiring or line conditioning. If inside
wiring is requested for Shared-line ADSL Service, Customer will be charged for
additional services as a non-standard installation.
Domain
Name Fee:
The registration and maintenance of Customer's domain names are Customer's
responsibility and not included in the NIANET Service.
IP
Addresses: Upon IP address reassignment or expiration, cancellation, or
termination of the Agreement, Customer shall relinquish any IP addresses or
address blocks assigned to Customer by NIA.
Services
Availability: Once installed, Services will be available 24 hours a day, 7
days a week, except in the event of any scheduled preventive maintenance, for
which NIA will use commercially reasonable efforts to provide prior
notification via electronic mail to Customer, or of any unscheduled emergency
maintenance which shall be concluded as soon as practicable.
Minimum
Service Term: THE MINIMUM SERVICE TERM SHALL BE THAT STATED IN THE CONTRACT
ORDER FORM FOR THE RESPECTIVE SERVICE ORDERED BUT SHALL BE NO LESS THAN 365
DAYS FROM THE DATE ON WHICH NIA INSTALLS THE OPERABLE CIRCUIT ORDERED OR
SUBSEQUENTLY ACCEPTED BY CUSTOMER. The one-year Minimum Service Term will
automatically renew for consecutive one (1) year Minimum Service Terms unless
Customer provides to NIA written notice of termination, or either party
provides to the other written notice of non-renewal, at least 30 days prior to
the expiration date of the then-current Minimum Service Term. (Early
termination fees discussed in the Agreement shall apply to termination during
any Minimum Service Term.)
Suspension
and Termination of Services: Customer may terminate Services upon 30 days prior
written notice to NIA, provided that Customer pay to NIA the early termination
fee if the termination occurs within the minimum Services Term, and return or
pay for CPE as further discussed in thee “Effect of Termination” section below.
Such termination notice from Customer must be in the form of an email sent to customerservice@getnia.com, with
"Terminate NIA" stated in the subject line of the email and
Customer's contact information and identification of the particular Services to
be terminated included in the body of the email. NIA may suspend or terminate
Services and this Agreement without prior notice if Customer fails to timely
pay in full for Services or violates NIA’s Acceptable Use Policy. Customer may
reinstate Services suspended for nonpayment if, within 5 days of the Services
suspension date, Customer pays to NIA the Service Reinstatement Fee plus all
outstanding amounts due, including the cost of Services that would have been
provided during the suspension period. If the Customer chooses not to so
reinstate Services, NIA will deactivate Services without further notice and any
applicable invoiced charges, including any applicable Early Termination Fee,
shall become immediately due and payable.
Effect of
Termination: Upon termination of NIANET, NIA will disconnect and invoice
Customer for the original CPE price. If the CPE is returned within 20 days of
termination and is confirmed by NIA to be in good working condition, the
Customer will be credited in full for the CPE. In addition, for any termination
of NIANET that occurs after Customer submits its NIA Agreement with Service
Order but within 365 days of the Services installation date, NIA shall invoice
Customer, and Customer shall pay, an Early Termination Fee of $500. NIA will
waive the Early Termination Fee if (i) Customer cancels its order within 5
business days of placing it; (ii) NIA cannot install ordered Services within 50
days after NIA accepts the NIA Agreement executed by Customer, and Customer
chooses not to wait for NIA to complete the installation; or (iii) for a period
of more than 10 business days after Customer informs NIA of the problem,
Customer's Services circuit is inoperative or unable to transport data reliably
at the sync rate accepted at the time of installation, and Customer then
chooses to deactivate.
Service
Level Credits: Upon Customer's request, NIA will credit to Customer's account
an amount equal to the connectivity charges for three (3) times the length of
any unscheduled Services circuit outage of at least two hours duration,
provided that Customer notifies NIA immediately of such outage, and that NIA
reasonably determines that such outage was attributable to NIA and not to any
action or omission of Customer or any third parties (including failure of third
party equipment). Customer credit may not exceed one month's service fees in
any single calendar month. Customer must request credit in writing or via
e-mail within 72 hours of Services restoration.
Acceptable Use Policy: Customer and all of its employees shall
abide by the terms of the Acceptable Use Policy ("AUP") set forth at http://www.getnia.com/aup/legal/aup.html
and incorporated herein by reference. Reselling the Services without NIA’s
express written authorization is prohibited by the terms of the AUP. By
accepting NIA, Customer agrees to this AUP and any subsequent modifications
thereto. NIA reserves the right to modify this AUP from time to time, effective
upon posting the AUP as modified at the URL shown above. If, following, receipt
of Customer's. NIA does not endorse or
in any way warrant the accuracy, completeness, truthfulness, or reliability of
any service, opinion, advice, communication, information, or other content on
or made available through the Services unless created by NIA. Content, not
created by NIA, does not constitute or reflect the views or opinions of NIA and
has not been approved by NIA. NIA does not recommend that such content be
relied upon in making decisions or conclusions without appropriate verification
by the Customer or user and, as appropriate, professional advice. Customer
relies on such content at its own risk. CUSTOMER
ACKNOWLEDGES THAT INTERNET SITES NOT CREATED, CONTROLLED OR MAINTAINED BY NIA
MIGHT CONTAIN OR PROVIDE ACCESS TO IMAGES, SOUND, MESSAGES, TEXT, SERVICES, OR
OTHER CONTENT THAT MAY BE UNSUITABLE FOR MINORS AND THAT MAY BE OBJECTIONABLE
TO MANY ADULTS. CUSTOMER ACKNOWLEDGES THAT NIA IS NOT RESPONSIBLE FOR SUCH
CONTENT OR MATERIAL AND AGREES THAT ACCESS TO SAME THROUGH USE OF THE SERVICES
OCCURS AT CUSTOMER'S SOLE RISK. The reliability, availability, legality,
performance, and other aspects of resources accessed through the Internet are
beyond NIA reasonable control and are not in any way warranted or supported by
NIA, its affiliates or its third-party contractors. Customer acknowledges that
such Internet sites and the content contained therein do not always contain
safeguards relative to copyright, ownership, appropriateness, reliability,
legality, and integrity of content. Customer confirms that Customer assumes all
risk and liability of any use of the Internet through Customer's account,
including Customer's continuous compliance with the Agreement. The Services permit Customer and Customers
employees, guests or others authorized by Customer to use the system on a 24 x
7 basis while on the premises of the Customers installation address. The
service cannot be resold or shared for compensation with any other entity or
provided on a paid-basis to any customers of Customer. The service cannot be
attached, for free or on a paid basis, to any "open" or public
wireless or other public connection-sharing technology. The service is not to
be used as a back-haul for any ISP type of use. The NIA bandwidth is provided
on a shared, as available basis and the NIA network is configured to provide an
acceptable business-grade level of service to all customers. NIA will not allow
a small fraction of its users to monopolize the network to the detriment of
other users, therefore NIA reserves the right to limit the available speed or
amount of throughput available to any customer who exceeds a 90% utilization
threshold. This means that NIA has the right to limit, when necessary, the use
of the network by the users who are in the highest 10% of network bandwidth
consumption in order to keep their usage patterns from negatively affecting
other users. There is no set daily, weekly or monthly throughput allowance
other than as described above.
Disclaimer
of Warranties and Limitation of Liability: EXCEPT FOR THE SERVICE LEVEL CREDIT
COMMITMENT SPECIFICALLY PROVIDED FOR HEREIN, NIANET IS PROVIDED "AS
IS" WITHOUT ANY REPRESENTATIONS OR WARRANTIES EITHER EXPRESSED OR IMPLIED.
NIA HEREBY EXPRESSLY DISCLAIMS ALL IMPLIED WARRANTIES INCLUDING WARRANTIES OF
MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE. CUSTOMER RECOGNIZES THAT
NIA CANNOT CONTROL THE CONTENT TRANSMITTED ON ITS NETWORK OR THE INTERNET AND
THAT COMMUNICATIONS ON THE INTERNET MAY NOT BE SECURE AND MAY BE SUBJECT TO
INTERCEPTION OR LOSS. NIA NETWORK DISCLAIMS, AND CUSTOMER HEREBY RELEASES NIA
FROM, ANY LIABILITY ARISING OUT OF OR INCIDENTAL TO USE OF NIA OR CPE. IN NO
EVENT SHALL NIA’S LIABILITY UNDER THE AGREEMENT SHALL NOT EXCEED THE AMOUNT OF
SERVICE CHARGES PAID BY CUSTOMER DURING A SERVICE YEAR.
Indemnity: To the fullest
extent permitted by law, Customer shall defend, indemnify, and hold harmless
NIA against any liability arising from or incidental to (1) the use of NIA
provided to Customer, whether or not Customer has knowledge of or has
authorized access for such use, and (2) any damage to or destruction of NIA CPE
not caused by NIA or its agents.
Force
Majeure:
If NIA’s performance of this Agreement is prevented, restricted or interfered
with by any cause beyond its reasonable control, including but not limited to
acts of God, fire, terrorism, labor strike, cable cut, supplier breaches or
delays, government order, law, or government directive, then NIA shall be
excused from such performance on a day-to-day basis to the extent of such
prevention, restriction or interference and NIA shall use reasonable efforts to
avoid or remove such cause of non-performance and shall perform with reasonable
dispatch whenever such causes are removed or cease.
Entire Agreement: The Agreement constitutes the complete and
exclusive statement of the understandings of NIA and Customer with respect to
the subject matter of the Agreement and supersedes all prior oral and written
statements relating to the NIANET services provided hereunder. The Agreement
may be modified or amended only by a written or electronic document executed by
NIA and Customer or electronically accepted by Customer and confirmed in a
written or electronic document by NIA. This Agreement, as
published in the Web Site, and the Service Order, Terms of Use and the
additional documents contained in the Web Site which are referred to herein,
constitute the entire and only agreement with respect to the subject matter
hereof between NIA and Customer, applicable also to all users of Customer's
account. This Agreement supersedes all representations, proposals, inducements,
assurances, promises, agreements, and other communications with respect to the
subject matter hereof except as expressly set forth in this document. By
executing this document online, in person, via fax or e-mail or through any NIA
automated sign-up procedure, Customer agrees to the terms and conditions of
this Agreement. This Agreement can be amended only in the manner expressly
provided for in this Agreement.
Miscellaneous: The Agreement shall
be construed under, and enforced in accordance with, the laws of the state of