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Lumos Terms & Conditions

TABLE OF CONTENTS:

LUMOS TERMS AND CONDITIONS

• Lumos Terms and Conditions

ACCEPTABLE USE POLICIES

• Acceptable Use Policy for Internet Services
• Acceptable Use Policy for Video (TV) Services

NETWORK MANAGEMENT POLICY

• Network Management Policy

VOICE (CALLING) TERMS AND CONDITIONS

• Local Calling Terms – PDF
• Long Distance Rates

OTHER TERMS AND CONDITIONS

• Web Hosting Terms
• Inside Wire Maintenance – Wire Protection Plan Terms & Conditions

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LUMOS TERMS AND CONDITIONS

1. Law, Regulation, Tariffs. Lumos is subject to state and federal laws and regulations, including tariffs. To the extent that such laws, regulations, or tariffs apply to Services and conflict with a provision of these Terms and Conditions, such applicable law, regulation, or tariff controls.
2. Installation. Lumos is responsible for installing and maintaining Service(s) to the Network Interface at the Customer’s premises. Lumos will use all commercially reasonable efforts to make the Service(s) available on or before the requested Service date. Customer agrees to obtain all necessary consents to install Service(s) on the Customer premises from any third parties, such as landlords. Customer agrees to furnish and place at Customer premises, at its expense, any necessary space and power required for Services. Customer and Lumos will coordinate on the installation of Services. If Lumos is not able to obtain on reasonable terms and conditions as determined by Lumos any right of way, easement, permit, or license, including pole attachment rights, required for the installation or provision of Services, Lumos will give notice to Customer that Lumos is not able to provide the Service.
3. Billing and Payment.
   1. Customer will provide Lumos with its name, address, telephone number and designated officer or agent for billing purposes. Lumos has the right to verify credit information, and Customer may be required to make an advance payment. Customer agrees to promptly update Lumos whenever billing information changes.
   2. Customer is responsible for paying all charges associated with the Service, including surcharges and government imposed fees and charges that relate to the Services.
   3. A late payment charge of 1.5% applies to any unpaid balance carried forward from a monthly bill to the next month’s bill.
   4. When a check or draft tendered to Lumos for payment of Customer’s account or billing is dishonored by the institution on which is it drawn, or when an automatic debit or credit/debit card charge is declined or reversed, a fee of $25 will be charged to Customer.
4. Billing Disputes. If Customer believes Lumos has made a billing error, Customer must contact Lumos within ninety (90) days of the date of the bill that contains the disputed charge. Refunds or adjustments will not be issued for any charge that is more than ninety (90) days old. Customer may withhold the disputed portion of the bill pending resolution of the dispute, but all non-disputed charges are due within the normal time period. Lumos will notify Customer of the results of its inquiry, and either adjust the billing, issue a credit, or notify Customer that all or a portion of the disputed amount is still owed. Credits due to Customer will be issued no later than Customer’s next billing cycle following a determination that a credit is warranted, or within thirty (30) days from determination, whichever is sooner.
5. Termination of Service by Customer. Customer may terminate any Service with three (3) working days’ notice to Lumos.
6. Termination of Service by Lumos. Lumos may immediately terminate Service to Customer for the following reasons: (a) nonpayment of any sum due for Service where Customer’s charges remain unpaid more than thirty (30) days following written notice of nonpayment from Lumos; (b) Customer’s acts or omissions which violate these Terms and Conditions and where such violation or failure to comply threatens to interfere with Lumos’ operations or its furnishing of Service to another Customer; (c) the implementation of any order of a court of competent jurisdiction, or of a federal or state regulatory authority of competent jurisdiction, prohibiting Lumos from furnishing Customer any Service; or (d) where Lumos reasonably deems partial or complete termination of any Service is necessary to prevent unlawful use of its Services.
7. Internet Service Availability, Speeds. Lumos strives to provision Customer’s Internet connection up to the maximum advertised speed, but actual speed experienced by the Customer will vary based on multiple factors beyond Lumos’ control, such as the condition of wiring inside the Customer’s location; Customer’s computer and other devices configuration; Internet congestion on network and facilities not provided by Lumos; and the server speeds of websites accessed.
8. Permitted Use. Customer must comply with Lumos’ Acceptable Use Policy and Network Management Policy. Those policies are available on this website. Lumos’ Services may not be used, directly or indirectly, for any unlawful purpose. Lumos reserves the right to contact law enforcement to report any illegal activity.
9. Security; Fraud.
   1. Customer may receive a username, password, and account designation from Lumos for certain Services. Customer is responsible for taking all necessary measures, including but not limited to changing any default passwords, in order to keep its account secure. Customer must notify Lumos immediately upon discovering any unauthorized use of its password-protected Services. Any usernames, passwords and email addresses distributed by Lumos remain the property of Lumos.
   2. Customer is responsible for securing its equipment against fraudulent or unauthorized use or misuse of or access to the Services. Customer is responsible for payment of long distance and other charges for Services where such charges result from Customer’s failure to safeguard user names and passwords, or failure to secure Customer Equipment.  
10. Emergency Services.  As part of provisioning Service, Lumos will provide the applicable 911 system with Customer’s name, service address and other customer-specific information needed to update the 911 database. Customer must promptly notify Lumos of any changes in such information. Lumos will have no responsibility or liability to Customer or any third party in connection with or for responding to emergency 911 or other emergency referral calls.
11. Equipment; Maintenance and Ownership of Equipment. Lumos does not guarantee that any Service will work correctly if Customer uses equipment to access such Service other than the equipment provided by Lumos. Lumos has no responsibility for the operation or support, maintenance or repair of any equipment, software or services that Customer chooses to use in connection with the Service. Customer is responsible for returning any Lumos equipment in an undamaged condition, subject only to reasonable wear and tear. Failure to do so will result in the imposition of an equipment fee that may be substantial. In the event that the equipment owned by Lumos is stolen, Customer must provide Lumos with a copy of the police report to verify that the equipment was reported stolen. If no report is produced, then Customer will be held financially responsible for the stolen equipment.
12. Liability of Lumos.
    1. The liability of Lumos for interruption, delays, or failures in transmissions (any one of which is considered a “Service Problem”) is limited to credits issued by Lumos to Customer. No credit will exceed the charges billed by Lumos to Customer for the period during which the Service Problem occurred. Lumos will issue a credit only when the Service Problem lasts more than twenty-four (24) consecutive hours. No credits will be earned by accumulating non-continuous periods of interruption.
    2. LUMOS IS NOT LIABLE FOR ANY INDIRECT, CONSEQUENTIAL, SPECIAL, INCIDENTAL, EXEMPLARY OR PUNITIVE DAMAGES (INCLUDING THE LOSS OF GOODWILL, LOSSES ASSOCIATED WITH LOST OR STOLEN DATA, LOST SAVINGS, AND/OR LOST PROFITS) ARISING OUT OF OR OTHERWISE RELATING TO LUMOS PROVIDING OR FAILING TO PROVIDE SERVICES TO THE CUSTOMER. CUSTOMER AGREES THAT ITS EXCLUSIVE REMEDY AGAINST LUMOS FOR DAMAGES ARISING FROM CUSTOMER’S USE OF LUMOS SERVICES IS TO DISCONTINUE USE OF LUMOS SERVICES AND TO REQUEST CREDIT AS PROVIDED FOR ABOVE. THE LIMITATIONS SET FORTH HEREIN APPLY TO ANY AND ALL CLAIMS, INCLUDING THOSE FOUNDED IN BREACH OF CONTRACT, BREACH OF WARRANTY, PRODUCT LIABILITY, TORT AND ANY AND ALL OTHER THEORIES OF LIABILITY.
13. Indemnity. Customer indemnifies Lumos for any liability with respect to any and all claims, demands, damages, losses, costs or expenses, of every kind (including specifically special, indirect, incidental, punitive, exemplary or consequential damages) (collectively, the “Claims and Damages”), arising from Customer’s use of Lumos’ Services.
14. Severability and Waiver. Lumos may waive portions of these Terms and Conditions (except for regulatory obligations imposed by any federal or state authority or agency having jurisdiction over Lumos or its Services) but such a waiver does not constitute a general waiver of the Terms and Conditions.
15. Notices. Lumos’ notices to Customer shall be deemed given: (a) when sent by email to Customer’s last-known email address according to Lumos records; (b) when deposited in the United States mail addressed to Customer at Customer’s billing address; or (c) when hand-delivered to Customer’s premises.  General notices to Lumos customers may also be included in Lumos’ billing statements.
16. Assignment. Customer may not assign or transfer Services to any other party without Lumos’ prior written consent.
17. Force Majeure. Lumos shall not be liable to Customer if the Services are affected by causes beyond Lumos’ control including fire, explosion, flood, earthquake, lightning, tornado, storms, or failure of commercial power.

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ACCEPTABLE USE POLICY FOR INTERNET SERVICES

INTRODUCTION

Lumos has adopted this Acceptable Use Policy (“AUP”) to outline the acceptable use of Lumos’ Internet Service by residential and business customers (“Customer(s)”). This AUP is in addition to the Lumos Terms and Conditions and any terms and conditions contained in a service contract applicable to the Customer’s Internet Service (collectively, the “Terms and Conditions”).

Lumos may revise this AUP from time to time by posting a new version on Lumos’ website at www.lumosfiber.com. Revised versions of this AUP are effective immediately upon posting. Customer recognizes and agrees that Customer’s continued use of Lumos’ Internet Service will constitute Customer’s acceptance of this AUP as it may be amended.

Customer agrees to abide by and require each user of the Internet Service to abide by the terms of this AUP. Failure to do so could result in the suspension or termination of Customer’s Internet Service account. If any user does not agree to comply with this AUP, Customer must immediately stop all use of the Internet Service and notify Lumos so that it can close the account. Questions regarding this AUP, or complaints of violations of it, should be directed to Lumos at www.lumosfiber.com.

PROHIBITED USES AND ACTIVITIES

General Prohibitions: This AUP prohibits any use of the Internet Service that is unlawful, harmful to Lumos’ network, interferes with the use or enjoyment of the Internet Service received by others, infringes the intellectual property rights of others, or results in the publication of threatening or offensive material.

No Illegal or Fraudulent Use: The Internet Service may be used only for lawful purposes. Customer will not use or allow others to use the Internet Service in any manner that is in violation of any applicable federal, state, local or international law, order or regulation.

Security Violations: Customers are solely responsible for maintaining the security of their systems and equipment that connect to and use the Internet Service. Any use of the Internet Service that violates the security or integrity of Lumos’ network is prohibited. Such violations include but are not limited to:

1. Disrupting or degrading the performance of the Internet Service, including, without limitation, transmitting any files that contain a virus or other harmful feature regardless of intent, purpose or knowledge;
2. Accessing any other person’s or entity’s computer or computer system, network, software or data without their knowledge and consent;
3. Reselling or redistributing (for example, through Wi-Fi) the Internet Service to anyone outside Customer’s premises, unless you are a business Customer subject to a written contract that expressly permits such use. Residential Customers agree to use the Internet Service for personal and non-commercial use only and agree not to use the Internet Service for any business purpose (whether or not for profit);
4. Using the Internet Service or facilities for web-hosting, email hosting or other unusually high-bandwidth consumption unless you are a business Customer subject to a written contract that expressly permits such use; or
5. Using the Internet Service with anything other than a dynamic Internet Protocol (“IP”) address that adheres to the dynamic host configuration protocol (“DHCP”), unless you are a business Customer subject to a written contract that expressly permits use of a static IP address.

Violation of Intellectual Property Rights: The Internet Service shall not be used to upload, download, post, publish, transmit, reproduce, or distribute in any way information, software or other material that is protected by copyright or other proprietary right, without obtaining any required permission of the owner.

Threatening Material or Content: The Internet Service shall not be used to post or transmit material or content which is libelous, obscene, unlawful, threatening or defamatory, or encourages conduct that would constitute a criminal offense.

Spam:  The Internet Service shall not be used to transmit, or collect responses from, unsolicited bulk or commercial messages commonly known as “spam.”

NETWORK MANAGEMENT

Lumos uses reasonable tools and techniques that are consistent with industry standards to manage its network, deliver the Internet Service, and ensure compliance with this AUP and the Terms and Conditions. These tools and techniques are dynamic, like the network and its usage, and can and do change frequently. Refer to Lumos’ Network Management Policy for more information.

AUP ENFORCEMENT

Lumos reserves the right to investigate violations of this AUP.  Lumos prefers to inform Customers of inappropriate activities and give them a reasonable period of time in which to take corrective action. However, if the Internet Service is used in a way that Lumos, in its sole discretion, believes violates this AUP, Lumos may take any responsive actions it deems appropriate under the circumstances with or without notice, including, but not limited to, suspending or terminating Customer’s Internet Service account.

NO WAIVER

The failure of Lumos to enforce this AUP, for whatever reason, shall not be construed as a waiver of any right to do so at any time. Customer agrees that if any portion of this AUP is held invalid or unenforceable, that portion will be construed consistent with applicable law as nearly as possible, and the remaining portions of this AUP will remain in full force and effect.

COPYRIGHT INFRINGEMENT AND DIGITAL MILLENNIUM COPYRIGHT ACT

Lumos is committed to complying with U.S. copyright and related laws, and requires all Customers and users of the Internet Service to comply with these laws. Owners of copyrighted works who believe that their rights under U.S. copyright law have been infringed may take advantage of certain provisions of the Digital Millennium Copyright Act of 1998 (the “DMCA”) to report alleged infringements. It is Lumos’ policy, in accordance with the DMCA and other applicable laws, to reserve the right to terminate the Internet Service, with or without notice, for any Customer or user who is either found to infringe third party copyright or other intellectual property rights, including repeat infringers, or who Lumos, in its sole discretion, believes is infringing these rights.

Upon Lumos’ receipt of a notice of claimed infringement that satisfies the requirements of the DMCA, Lumos will respond expeditiously to either directly or indirectly (i) remove the allegedly infringing work(s) stored on the Internet Service or (ii) disable access to the work(s). Lumos will also notify the affected Customer or user of the Internet Service of the removal or disabling of access to the work(s). If the affected Customer or user believes in good faith that the allegedly infringing works have been removed or blocked by mistake or misidentification, then that person may send a counter notification to Lumos. Upon Lumos’ receipt of a counter notification that satisfies the requirements of DMCA, Lumos will provide a copy of the counter notification to the person who sent the original notification of claimed infringement and will follow the DMCA’s procedures with respect to a received counter notification. In all events, Customer expressly agrees that Lumos will not be a party to any disputes or lawsuits regarding alleged copyright infringement.

Designation of Agent to Receive Notification of Claimed Infringement

	North Carolina	Virginia
Full Legal Name of Service Provider	North State Telephone, LLC	Lumos Telephone LLC
Alternative Name(s) of Service Provider	North State Communications, LLC; North State Communications Advanced Services, LLC	Lumos Telephone of Botetourt LLC; Lumos Media LLC
Address of Service Provider	4100 Mendenhall Oaks Pkwy. Ste. 300 High Point, NC 27265	One Lumos Plaza Waynesboro, VA 22980
Agent Designated to Receive Notification of Claimed Infringement	Abuse Department	Abuse Department
Address of Designated Agent to which Notification Should be Sent	111 N. Main Street P.O. Box 2326 High Point, NC 27261	One Lumos Plaza P.O. Box 1028 Waynesboro, VA 22980
Telephone Number of Designated Agent	336-886-3600	855-526-1491
Email Address of Designated Agent	abuse@nstel.com	abuse@lumos.net

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ACCEPTABLE USE POLICY FOR VIDEO (TV) SERVICES

GENERAL POLICY

Lumos reserves the sole discretion to deny or restrict any of Customer’s Video / Television Services, or immediately suspend or terminate any such Service, if the use of any Service by Customer or anyone using it, in Lumos’ sole discretion, violates the Lumos Terms and Conditions or any other Lumos policies, is objectionable or unlawful, interferes with the functioning or use of the Internet or Lumos’ network by Lumos or other users, or violates the terms of this Acceptable Use Policy (“AUP”). Capitalized terms not otherwise defined herein shall have the meaning for such term set forth in the Lumos Terms and Conditions. For avoidance of doubt, this AUP applies in addition to, and not in lieu of, any Acceptable Use Policy adopted by Lumos relating to Internet Services.

COPYRIGHT INFRINGEMENT; REPEAT INFRINGER POLICY

Lumos respects the intellectual property rights of third parties. Accordingly, Customer may not store any material or use Lumos’ systems or servers in any manner that constitutes or results in an infringement of third party intellectual property rights, including under U.S. copyright law. In accordance with the Digital Millennium Copyright Act (“DMCA”) and other applicable laws, Lumos may suspend or terminate any Service provided to any subscriber or account holder who is deemed to infringe third party intellectual property rights, including repeat infringers of copyrights. In addition, Lumos expressly reserves the right to suspend, terminate or take other interim action regarding any Service of any subscriber or account holder if Lumos, in its sole judgment, believes that circumstances relating to an infringement of third party intellectual property rights warrant such action. These policies are in addition to and do not affect or modify any other rights Lumos may have under law or contract. If you believe that copyrighted material has been used in violation of this policy or otherwise been made available through the Services in a manner that is not authorized by the copyright owner, its agent or the law, please contact Lumos. Lumos may, but is not required to, monitor Customer’s compliance, or the compliance of other customers, with this AUP. Customer acknowledges that Lumos shall have the right, but not the obligation, to pre-screen, refuse, move or remove any content available through the Services, including but not limited to content that violates the law, the Lumos Terms and Conditions or this AUP.

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NETWORK MANAGEMENT POLICY

This statement explains the network management practices Lumos uses for its broadband Internet access services (“Broadband Services”). It is intended to help current and prospective customers make informed choices about the use of Lumos’ Broadband Services. 

Lumos manages its network to ensure that all of its customers experience a safe and secure broadband Internet environment that is fast, reliable and affordable. Lumos wants its customers to enjoy all that the Internet has to offer, whether it is social networking, streaming videos and music, to communicating through email and video conferencing.

Network Management Practices

Lumos constantly monitors the connections on its network in the aggregate to determine the rate of utilization. Based on this monitoring, Lumos pro-actively increases capacity by adding Fiber Optic nodes, transport, aggregation routers, and bandwidth. In rare instances, customers may experience longer download or upload times, or slower surf speeds as a result of network congestion. Even in these instances, Lumos pro-actively engages in re-routing of Internet traffic to relieve congestion.

Lumos’ network and congestion management practices are ‘application-agnostic’, based on current network conditions, and are not implemented on the basis of customers’ size, online activities, protocols or applications. Lumos does not manage congestion by capping an individual customer’s usage, reducing the speed of an individual customer’s service once a certain amount of usage is exceeded, or other similar strategies. Instead, Lumos focuses on anticipating and avoiding congestion by monitoring network usage and augmenting capacity in a targeted manner.

Network Security

Lumos knows the importance of attempting to secure its network and customers from network threats and annoyances. The Company promotes the security of its network and patrons by providing resources to its customers for identifying and reporting such threats as spam, viruses, firewall issues, and phishing schemes. Lumos also deploys spam filters in order to divert spam from an online customer’s email inbox while allowing the customer to control which emails are identified as spam. Lumos does not block any protocols, content or traffic for purposes of network management but we do try to block or limit spam, viruses, malware, and denial of service attacks.

Customers whose conduct abuses or threatens Lumos’ network or which violates the Lumos Terms and Conditions or Acceptable Use Policy will be requested to stop any such use immediately. A failure to respond to such request or to cease such conduct could result in service suspension or termination.

Network Performance

Service Description

Lumos offers a variety of Broadband Services over copper and fiber-based technologies, each of which may have a different service capability speed. The term speed is often used to describe the capacity at which a particular Broadband Service can transmit data. The capacity is typically measured in the number of kilobits, megabits, or gigabits that can be transmitted in one second (Kbps, Mbps or Gbps). Some applications such as sending email without attachment or basic web browsing do not require high capacity speeds to function optimally. Other activities like transferring large data files are best performed with higher-speed services. Lumos works with customers in order to help them decide what service speed best meets their needs.

Expected and Actual Speed and Latency

Lumos measures availability, latency, and aggregate utilization on the Lumos network. Lumos strives to support advertised speeds and will dispatch repair technicians to customer sites to troubleshoot and resolve speed issues if those issues are on the Lumos network. However, the actual speed experienced by a customer will vary based on multiple factors beyond Lumos’ control, such as the condition of wiring inside the customer’s location; the customer’s computer and other devices configuration; Internet congestion on network and facilities not provided by Lumos; and the server speeds of websites accessed.

Specialized Service

Lumos provides Fiber TV, which is a real time service that utilizes significant bandwidth and is not tolerant of latency. In the rare instance of Lumos network congestion, Fiber TV is given priority over general Internet traffic because general Internet traffic is less affected by latency.

Commercial Terms

A description of Lumos’ service offerings and rates may be found on Lumos’ website at www.lumosfiber.com. Lumos’ Privacy Policy may be found on Lumos’ website at www.lumosfiber.com. For questions, complaints or requests for additional information, please contact Lumos at 866-542-5900.

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LONG DISTANCE RATES

Terms and Conditions for IntraLATA Toll

In-state and Interstate and International Long Distance Services offered by North State Communications Long Distance, LLC and/or North State Telephone Company d/b/a North State Communications North State Telecommunications Corporation has two subsidiaries that offer long distance services to end users based on the geographic location of the person that the end user calls: North State Communications Long Distance, LLC (“NSCLD”) and North State Telephone Company d/b/a North State Communications (“NSC”). NSCLD offers interstate long distance (i.e., state-to-state), intrastate (i.e., calls between two points in North Carolina), and international long distance (calls from a location within the United States to another country). NSC offers intrastate IntraLATA (i.e., calls between two points in the Greensboro, North Carolina LATA). For the convenience of their respective end user customers, NSCLD and NSC both offer their services under the North State Universal Terms and Conditions, of which these Terms and Conditions are a part and into which these Terms and Conditions are incorporated by reference. The rates for the services offered by each are available through documents and/or links as indicated below or in the North State Universal Terms and Conditions. You can elect to presubscribe to either NSCLD or NSC for the Service offered by each entity. For convenience, we use the term “Service” to refer to those situations when you make a call using the service of either company. We use the term “Company” to refer either to NSCLD when you make an interstate or international long distance call or to NSC when you make an intrastate long distance call, as appropriate. In each situation, however, the Service is offered at the rates, and under the Terms and Conditions stated herein and, in addition, NSC offers IntraLATA long distance service subject to the Terms and Conditions for IntraLATA Long Distance Service, and NSC and NSCLD offer the said services subject to the North State Universal Terms and Conditions, as such rates, Terms and Conditions may be modified by the Company from time to time. As used herein, “you” or “your” refers to the individual or entity using or paying for the Service.

1. LEGAL DISCLAIMER FOR UNLIMITED LONG DISTANCE PLANS.

Usage in excess of typical residential usage, which is presumed to be 5000 minutes per month, will be subject to an additional fee of $50.

2. LONG DISTANCE RATES.

Click here for residential long distance rates https://northstate.net/residential/home-phone. North State reserves the right to revise such rates, as provided for by applicable law or regulation, if any.

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WEB HOSTING TERMS AND CONDITIONS

General

1. nscomhosting.com (“Company”) claims no control whatsoever over the content of the information passing through the nscomhosting.com WEB SYSTEM. nscomhosting.com makes no warranties of any kind, either expressed or implied, for the service it is providing. nscomhosting.com also disclaims any warranty of merchantability or fitness for a particular purpose as to any services, products or equipment it may provide.
2. Company will not be responsible for any damage you suffer. This includes loss of data resulting from delays, non-deliveries, or service interruptions caused by its own negligence or your errors or omissions.
3. Company WEB HOSTING SYSTEM may only be used for lawful purposes. Transmission of any material in violation of any Federal, State, local or other applicable regulation is prohibited. This includes, but is not limited to, copyrighted material, material legally judged to be threatening or obscene, or material protected by trade secret.
4. We do not permit adult material of any form (including but not limited to images, text, sound, video, etc) to be published through this site. Further, you are not permitted to distribute material promoting hatred against individuals or groups or any content which may be deemed to be illegal according to the laws or regulations of the United States or North Carolina. We reserve the right to decline requests for web space rentals and to cancel any account at our discretion. You are also not permitted to distribute material promoting any form of network abuse (such as bulk spam mailers, sniffers, or hacking tools). See Article 4 below.
5. At nscomhosting.com and its officers’ discretion, access to nscomhosting.com WEB HOSTING SYSTEM may be revoked at any time for abusive conduct on the system and/or the Internet and its resources as a whole. nscomhosting.com and its officers are deemed as authority to define abusive conduct to the system, in their sole discretion, and definitions may periodically change or be amended to previous ones.
6. You may not compile or install binary files other than the ones provided on the system. We do not make C compilers available for our web clients, and the PERL binaries provided will *not* have networking support (for example, socket.ph, ftp.pl, etc.) However, if there is any program which you’d like added to the available system binaries or scripts please check with your sales representative to arrange approval.
7. You agree to indemnify and hold harmless nscomhosting.com from any claims resulting from your use of the service which damages you or another party.
8. Use of any information obtained via nscomhosting.com WEB HOSTING SYSTEM is at your own risk. Company specifically denies any responsibility for the accuracy or quality of information obtained through its services.
9. Telnet and Shell Access is strictly prohibited.
10. You may use ftp to access your home directory for the purpose of installing and editing your web pages as often as necessary.
11. These Terms and Conditions supersede all previous representations understandings or agreements and shall prevail notwithstanding and variance with the Terms and Conditions of any order submitted to Company.
12. If a website is in the process of exceeding a total of 150 MB of Disk Space on nscomhosting.com or the traffic is deemed higher than averages, the web content must be transplanted onto the Heavy User Server, a Managed Server or a possible alternative.
13. Company reserves the right to suspend without prior notification, accounts which are deemed to be a threat to the functionality or existence of nscomhosting.com WEB HOSTING SYSTEM.
14. Company will provide a 30 day money back guarantee. The 30 days start from the earlier of the day Company receives the electronic order form or the day customer signs up via fax. In any case, the set-up fee, extra bandwidth and extra storage space charges are not refundable.
15. Cancellations will NOT generate ANY refund.
16. If any nscomhosting.com account is generating web traffic considered unusually high, we may require the site to be placed on a Heavy User server Virtual Server. We reserve the right to make this determination at our sole discretion.
17. Use of nscomhosting.com WEB HOSTING SYSTEM constitutes acceptance of these Terms and Conditions, as well as those set forth in the North State Universal Terms and Conditions.

Domain Parking / Reservations

1. There is no charge for indefinite parking of domains on nscomhosting.com servers. However, in the event a domain that was registered is transferred in less than 30 days from date of registration there will be an administrative transfer cost of $15.00 per domain assessed plus applicable taxes. Domain registration is heavily subsidized, and therefore this fee is required to ensure that we can continue to offer exceptionally low cost domain registrations for our valued customers.
2. Domain Parking does NOT include Web Space or Virtual Hosting.

Domain Registrations

1. Virtual Hosting will be active 24 hours after the initialization process begins (Final Confirmation is emailed to the client with subject ‘Final Service Confirmation’). This includes DNS Support and Web Hosting Support.

Heavy User Server

1. This server is available by approval by a senior nscomhosting.com officer only.

Disputes Between Domain Name Holders and Third parties

The applicant for Company service acknowledges that any third party may, for whatever reason, challenge the use by the applicant of the domain name before an Administrative Domain Name Challenge Panel (ACP) in accordance with the WIPO ACP rules. The applicant further acknowledges that the decisions of an ACP may determine rights of applicant or other parties, or both, to the use of a particular domain name, and that, with respect to its right to use a particular domain name or names; it will be bound by ACP decisions nscomhosting.com is a Web Hosting Service owned and maintained by nscomhosting.com Inc.

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WIRE PROTECTION PLAN TERMS & CONDITIONS

As a North State customer, you are responsible for maintaining that part of your telephone line between the network interface point (which is usually a gray box attached to the outside of your house) up to and including the telephone set. To help you maintain the wiring and jacks inside your residence, North State offers an optional Wire Protection Plan subject to the following terms:

1. By using this North State service, Customers agree to be bound to the Terms and Conditions contained herein, as well as those set forth in the North State Universal Terms and Conditions.
2. These Terms and Conditions supersede all previous representations, agreements, or understandings between the parties and, together with those set forth in the North State Universal Terms and Conditions, shall be the prevailing terms of this agreement for Wire Protection Plan Service rendered by North State to you.
3. Under this Plan, North State will repair telephone service problems which may arise in the wiring and jacks inside your home. If the problem is in the line between the network interface and the jacks, or in the jacks themselves, North State will make needed repairs. (see illustration here) If the problem is caused by defect in the cord from the jack to the telephone or other equipment (e.g., fax machine, answering machines, modem, etc.) or the equipment that is attached to your line, North State will advise you of the source of the problem.
4. This Plan does not cover (1) problems caused by willful damage to inside wire or jacks; (2) animal damage, physical abuse or damage caused by Acts of God (such as fire, windstorm, flood, hurricane, or other similar acts); (3) service problems in your inside wire or jacks that obviously existed at the time you subscribed to the Plan; (4) inside wire or jacks that do not meet industry standards for telecommunication; (5) repair of third party damage, such as home improvements and construction damage; and (6) any repair to and/or maintenance of your inside wiring or jacks that after reasonable effort North State determines that repair and/or maintenance cannot be performed in a safe manner due to the presence of asbestos or other environmentally hazardous substance, or due to the existence of an unsafe condition.
5. When existing subscribers request coverage under the Plan, the Plan will not become effective until 30 days after the date the Plan is ordered. This Plan is provided on a month-to-month basis and can be cancelled by either party giving oral or written notice to the other.
6. If you have more than one exchange access line in your premises, you must subscribe to the Plan for each line. If you have a key telephone system, a Private Branch Exchange (PBX), or other non-basic telephone system, you are not eligible for this Plan.
7. Rates, terms or conditions of this optional Wire Protection Plan may be changed on 30-days notice. This notice, which may be provided on your monthly billing or inserted in the billing envelope, or otherwise, shall include the revised rate, Terms and Conditions and the effective date of change. You may cancel this Plan by calling your North State office.
8. All North State services are sold subject to the Terms and Conditions contained in applicable tariffs, price list and/or contracts, as well as in the North State Universal Terms and Conditions and documents referenced therein. Any inconsistency between this information and such tariffs, price list and/or contracts, or the North State Universal Terms and Conditions and documents referenced therein, will be resolved in favor for such tariffs, price list and/or contracts, Terms and Conditions or referenced documents.
9. North State services may be used for only legal purposes. It is not acceptable to use North State equipment, systems, networks, or services to transmit or facilitate threatening, obscene, objectionable, or harassing materials or communications. North State reserves the right to terminate any services used for such purposes and to contact law enforcement to report any illegal activity.
10. Customer represents that he/she is an individual over the age of eighteen or is using North State services under the supervision of an adult, and that Customer will not knowingly use North State services to solicit or harm a person under the age of 18 in any manner.
11. NORTH STATE SHALL NOT BE LIABLE FOR DAMAGES INCLUDING ANY INDIRECT, CONSEQUENTIAL, SPECIAL, INCIDENTAL OR PUNITIVE DAMAGES (INCLUDING THE LOSS OF GOODWILL, LOSSES ASSOCIATED WITH LOST OR STOLEN DATA, LOST SAVINGS, AND/OR LOST PROFITS), THAT ARISE FROM (1) ANY DEFECTS IN MATERIALS USED TO MAINTAIN INSIDE WIRE OR JACKS; OR (2) DEFECTS IN WORKMANSHIP PROVIDED UNDER THE PLAN. THERE ARE NO EXPRESS OR IMPLIED WARRANTIES, WARRANTIES OF MERCHANTABILITY, OR WARRANTIES OF FITNESS FOR A SPECIFIC PURPOSE OFFERED WITH THIS PLAN. NORTH STATE’S LIABILITY FOR DEFECTIVE MATERIALS OR WORKMANSHIP IS LIMITED TO THE REPAIR OR REPLACEMENT OF THE DEFECTIVE MATERIAL AND/OR A CORRECTIVE SERVICE VISIT.
12. In no event shall North State be liable to Customer or any person for any cost, damage or harm whatsoever arising from: (a) Customer’s negligence or willful acts: (b) the attachment or use of any equipment or wiring by Customer which is used in conjunction with the Service; (c) the use of any facilities of other carriers by North State in rendering its services; (d) errors or omissions associated with your email address, telephone number or listing information provided via directory assistance; (e) any unlawful use of any North State service or violation of North State’s applicable Acceptable Use Policy; or (f) any acts beyond the control of the Company including, but not limited to: (1) acts of God, riots, fire, flood or other catastrophe; or (2) any law, regulation, directive, order or request of any federal or state governmental authority or agency having jurisdiction over North State or its services.
13. Customer agrees to indemnify and hold harmless North State for any for any liability with respect to any and all claims and damages, of every kind (including specifically special, indirect, incidental, punitive, exemplary or consequential damages), arising from Customer’s use of the Service. This indemnity of North State also extends to: (a) any claims or damages arising out of or attributed, directly or indirectly, to service problems; (b) any claims or damages of the owner of your premises or equipment; (c) any other third party claims and damages; or (d) damages resulting from the unauthorized use of Customer’s account by third parties.
14. Based on the circumstances presented, North State may waive certain of the requirements stated herein. Such waiver will be limited to that set of specific circumstances and shall not constitute a general waiver of any of the provisions hereof and will not eliminate Customer’s obligation to continue to comply with the Acceptable Use Policy.
15. North State reserves the right to respond to violations of its Acceptable Use Policy in the manner it deems appropriate, including but not limited to the termination of the Customer’s right to use North State services.
16. Any dispute arising out of or relating to the use of this service shall be governed by and construed in accordance with the laws of the State of North Carolina, without regard to otherwise applicable choice of law principles.
17. North State reserves the right, in its sole discretion, to modify this Plan from time to time, which modifications shall become effective as to Customer upon the posting thereof on North State’s website and Customer’s use thereafter of any North State equipment, systems, networks, or services.