TERMS OF SERVICE

INTRODUCTION

NET NV provides its customers a high-speed wireless Internet connection, which we refer to as the “SERVICE”. The Acceptable Use Policies (AUP) are intended to provide protection for our customers and the Internet community, while also allowing NET NV to fairly share its network to all customers. NET NV may modify the Terms and Conditions of this agreement at any time. The most current Terms and Conditions can be found on the NET NV website at www.netnv.net. The prices for service are subject to change. Current prices, as well as NET NV AUPs, can be found on our website at www.netnv.net. Customer refers to any paying, contracted (under a Service Agreement) individual, organization, or business using the NET NV service. Usage of NET NV's service constitutes acceptance of these terms. 

USE OF SERVICE AT YOUR OWN RISK

The customer is solely responsible for the content of communications on the Internet. The service provided by NET NV is “as is” and at your own risk. NET NV denies any responsibility for the accuracy of information obtained through the service. The transmission of data over an Internet connection is subject to errors, delays, and interruptions. NET NV is not responsible or liable for any errors, delays, or interruptions. The customer understands that current regulatory and technical issues prohibit the expectation of privacy when using Internet services.

SERVICE DISRUPTION

NET NV does not guarantee uninterrupted service. We will not and cannot be responsible for any disruption of Internet connectivity due to power outages, network faults, equipment malfunction or any natural disaster (including weather). All Internet service is provided on an "as is" and "as available" basis. NET NV does not guarantee any loss of service time, transmission errors, connectivity or quality of service. The customer acknowledges and agrees that the service is not intended to be, and will not be used as, your primary or “life-line” telecommunications service. If the customer uses the service as such, then they are doing so at their own risk.

INSTALLATION

The customer authorizes NET NV or its contractor(s) to install the necessary wiring and Customer Premises Equipment (CPE) required for wireless Internet service on the premises specified by the customer at the time of installation. The standard installation includes the mounting of the CPE on the outside of the structure where service will be delivered, the routing of cable(s) by the most direct path to the minimum point of entry within the structure, and any additional equipment that is required to provide service to the customer. Fishing of walls and/or attic crawling is not included with standard installation and will be assessed on a case-by-case basis. Any requests for custom installation work will require additional charges by our contractor(s). NET NV and its contractor(s) will not be liable for any alterations to the customer’s premises that result from the installation or removal of the CPE and/or wiring including any holes in walls, cable wiring, or antenna mounting brackets; although great care will be used to make the installations reasonably appealing.

OBSTRUCTIONS

Wireless Internet communications is dependent on a clear Line of Sight to the Access Point (AP), which is the point where the wireless connects to our backbone network. NET NV will make every reasonable effort to provide our customers with the best service possible. Unfortunately, some locations could experience changes in service due to seasonal changes, i.e. spring and summer foliage, which in turn affects the line of sight to the AP. NET NV will make every reasonable effort to relocate or realign the CPE should service become degraded due to obstructions. However NET NV cannot prevent Line of Sight problems, and therefore cannot guarantee service or be liable for any loss of service.

PAYMENT POLICY

NET NV will invoice its customers monthly by email only, the first invoice will include any equipment and setup fees, and will be due 30 days after installation. The invoice balance may be paid with cash, check, or credit card online on NET NV's payment portal (https://portal.netnv.net). Payment is due 30 days after an invoice is received. If payment is not received within 30 days after the invoice due date, a 5% late fee will be assessed. If payment is not received within 60 days after the invoice due date, services to the customer may be temporarily suspended until payment is made for the full past due amount.

UNACCEPTABLE USE

NET NV may, at its discretion, immediately terminate or reduce service to the customer upon any single or multiple incidents of the following conditions: A. Failure to pay service fees in a timely manner; B. Interfering with the distribution of Internet service to other customers and/or their equipment on the NET NV wireless network (see also AUP); C. Propagation of computer viruses and/or spyware (see also AUP); D. Unauthorized entry into another person(s) or organization(s) computer, systems, and/or information (see also AUP); E. Unsolicited blanket emailing known as "spamming", (see also AUP); F. Any violation of local, state, federal or international law or that of any Sovereign Nation, as well as NET NV AUPs.

SERVICE SHARING

If at any time NET NV discovers that the customer is sharing their service or has networked to others outside of the premises, without the express written consent of NET NV, service may be immediately terminated to the customer with no refunds of any kind.

INDEMNIFICATION

Customer agrees to indemnify and hold harmless NET NV, it's owner(s), partner(s), and contractor(s) against all losses, liabilities, judgments, awards, and costs (including legal fees and expenses) arising out of or relating to any and all claims and/or losses accruing or resulting from the installation of service, equipment, materials or supplies in connection with the performance of this agreement, to any and all customers and/or any other person, firm, organization or corporation.

CUSTOMER EQUIPMENT

All equipment provided to the customer by NET NV is the property of NET NV and must be returned to NET NV within 30 days of service termination. If equipment is not returned within 30 days, the customer will be billed for the cost of the equipment plus a $100 fee. NET NV is not responsible for maintaining or supporting any equipment owned by the customer and is not liable for any damages to the customer’s CPE, computer(s) or other equipment. For security reasons, customers may have limited log-in availability to their CPE while on the NET NV network.

CANCELLATION

All customers are bound by a signed written service agreement. A customer wishing to cancel service must submit a cancellation request in writing. NET NV will not refund any "set-up" or "installation" fees. Any discounted rates or service referral credits shall be forfeited on early cancellations. The customer will continue to be liable under these Terms and Conditions as well as the service agreement for all fees and charges until such time as the service agreement has been properly terminated or we have acknowledged such termination in writing.

ACCEPTABLE USE POLICY

This Acceptable Use Policy document, including the following list of Prohibited Activities, is an integral part of your Hosting Agreement with Net NV. If you engage in any of the activities prohibited by this AUP document Net NV may suspend or terminate your account.

Net NV's Acceptable Use Policy (the "Policy") for Net NV Services is designed to help protect Net NV, Net NV's customers, and the Internet community in general from irresponsible or, in some cases, illegal activities. The Policy is a non-exclusive list of the actions prohibited by Net NV. Net NV reserves the right to modify the Policy at any time, effective upon posting at https://www.netnv.net/terms-of-service/.

Prohibited Uses of Net NV Systems and Services:

1. Transmission, distribution or storage of any material in violation of any applicable law or regulation is prohibited. This includes, without limitation, material protected by copyright, trademark, trade secret, or other intellectual property right used without proper authorization, and material that is obscene, defamatory, constitutes an illegal threat, or violates export control laws.

2. Sending Unsolicited Bulk Email ("UBE", "spam"). The sending of any form of Unsolicited Bulk Email through Net NV's servers is prohibited. Likewise, the sending of UBE from another service provider advertising a website, email address, or utilizing any resource hosted on Net NV's servers, is prohibited. Net NV accounts or services may not be used to solicit customers from or collect replies to, messages sent from another Internet Service Provider where those messages violate this Policy or that of the other provider.

3. Running Unconfirmed Mailing Lists. Subscribing email addresses to any mailing list without the express and verifiable permission of the email address owner is prohibited. All mailing lists run by Net NV customers must be Closed-loop ("Confirmed Opt-in"). The subscription confirmation message received from each address owner must be kept on file for the duration of the existence of the mailing list. Purchasing lists of email addresses from 3rd parties for mailing to from any Net NV-hosted domain, or referencing any Net NV account, is prohibited.

4. Advertising, transmitting, or otherwise making available any software, program, product, or service that is designed to violate this AUP or the AUP of any other Internet Service Provider, which includes, but is not limited to, the facilitation of the means to send Unsolicited Bulk Email, initiation of pinging, flooding, mail-bombing, denial of service attacks.

5. Operating an account on behalf of, or in connection with, or reselling any service to, persons or firms listed in the Spamhaus Register of Known Spam Operations (ROKSO) database at www.spamhaus.org/rokso.

6. Unauthorized attempts by a user to gain access to any account or computer resource not belonging to that user (e.g., "cracking").

7. Obtaining or attempting to obtain service by any means or device with intent to avoid payment.

8. Unauthorized access, alteration, destruction, or any attempt thereof, of any information of any Net NV customers or end-users by any means or device.

9. Knowingly engage in any activities designed to harass, or that will cause a denial-of-service (e.g., synchronized number sequence attacks) to any other user whether on the Net NV network or on another provider's network.

10. Using Net NV's Services to interfere with the use of the Net NV network by other customers or authorized users.

Customer Responsibility for Customer's Users

Each Net NV customer is responsible for the activities of its users and, by accepting service from Net NV, is agreeing to ensure that its customers/representatives or end-users abide by this Policy. Complaints about customers/representatives or end-users of a Net NV customer will be forwarded to the Net NV customer's postmaster for action. If violations of the Net NV Acceptable Use Policy occur, Net NV reserves the right to terminate services with or take action to stop the offending customer from violating Net NV's AUP as Net NV deems appropriate, without notice.