Next Level Infrastructure, LLC is pleased that you have chosen us to be your Internet Service Provider. This Terms of Service Agreement (the “Agreement”) protects our Internet Service as well as the community network and the Internet community from activities that may be illegal, inappropriate or would degrade the network’s performance and the quality of service to other members.

All subscribers to the Internet Service must abide by the Agreement, and the Agreement describes you as “you” or “Subscriber.” Violation of any part of the Agreement or the Acceptable Use Policy included herein by reference may result in immediate suspension of Internet Service and in some cases termination of your access to the community network.

The Agreement and/or the Acceptable Use Policy may be amended from time to time. Amendments to the Agreement and/or the Acceptable Use Policy will be communicated to subscribers via the email on file. The current versions of the Agreement and the Acceptable Use Policy may be found on the Next Level Infrastructure, LLC website at https://www.nextlevel.net/terms-of-service.

1. The Internet Service provided hereunder may be governed by certain Federal, state, and local regulatory authorities and by other terms and conditions of service contained in other materials that may be provided to Subscriber now or in the future by Next Level Infrastructure, LLC (“Next Level“) or by the owner of the community network. In the event of a conflict between the terms and conditions set forth herein and those provided under any other materials, in all instances, the terms and conditions set forth herein shall prevail.
2. Next Level reserves the right to perform identity validation and electronic payment verification in advance of, and as a condition to, provisioning the Internet Service to Subscriber.
3. Subscriber will be billed monthly in advance for services to be received, plus pro rata charges, if applicable, for partial monthly periods not previously billed. Subscriber must pay all monthly charges as itemized on Next Level’s monthly invoice and/or notify Next Level of disputed items within 30 days of receipt or such other minimum amount of time as is prescribed by applicable law. Failure to pay charges invoiced may result in the imposition of a late payment or service charge, discontinuance of service, and other consequences as may be described in your agreements with the community network. Next Level may impose an additional charge if a check is not honored due to insufficient funds or account closure.
4. Next Level normally supplies Subscriber Premises Equipment to its subscribers, which may include products, services and systems provided by Plume. Subscribers using such products, services, and/or systems hereby agree to the terms and conditions of the Plume HomePass Membership and Cloud Services Agreement available at https://www.plume.com/legal/homepass-membership-and-cloud-services/ .
5. Subscriber agrees to pay all Federal, state and local taxes identified on Next Level’s monthly invoices, including without limitation, all sales and excise taxes imposed or levied on or with respect to service, equipment and installation or placement charges incurred with respect to the same.
6. This Agreement is not assignable or otherwise transferable by Subscriber. Subscriber shall notify Next Level and the community network of any change of occupancy or ownership of the premises immediately upon such transfer of ownership or tenancy.
7. Subscriber may terminate the Service at any time, for any reason or no reason, with notice to Next Level. Next Level may terminate this Agreement and/or the Service at any time without prior notice (i) if Subscriber breaches this Agreement or (ii) if Next Level loses the right or ability to access the community network necessary to serve Subscriber. In the event of termination by Next Level, any restoration of service shall be solely at Next Level’s discretion and on such terms as Next Level may determine are commercially reasonable. Termination of Next Level service does not necessarily terminate any service agreement that Subscriber may have with the community network or any monthly fees that may be due thereunder. Subscriber should contact the community network to terminate or modify any such service agreement, as appropriate, and the community network may assess fees under such service agreement.
8. Subscriber shall pay reasonable collection and/or attorney’s fees to Next Level in the event that Next Level finds it necessary to enforce collection or to preserve and protect its rights under this Agreement.
9. Next Level assumes no liability for any content, information or program distributed by means of the Internet. Next Level shall not be responsible for any products, merchandise or prizes promoted on or purchased through the use of the Internet.
10. Next Level will comply with any lawful warrant or court order regarding its services, use, data and facilities.
11. By using the Service, Subscriber is deemed to have read, and agrees to be bound by, this Agreement and the Acceptable Use Policy attached hereto and incorporated herein by reference, including the limitations of liability therein.
12. This Agreement, together with the Acceptable Use Policy, constitutes the entire agreement between the Subscriber and Next Level. Next Level may amend the Agreement and/or the Acceptable Use Policy, only in writing, from time to time with notice to Subscriber as described above. Subscriber’s continued use of the Internet Service beyond 30 days thereafter shall constitute Subscriber’s acceptance of such changes and amendments.
13. The provisions of this section 13 apply only to Residential Internet Service, Small Business Internet Service and/or Non-Profit/Educational/Government Internet Service.
    1. Subscriber shall not resell the Service or otherwise make the Service available for use to persons outside Subscriber’s property. Subscriber shall not use the Service to provide Internet service to others. “Open” or unsecured wireless networks connected to the Service are prohibited. Subscriber authorizes Next Level to use technical means to detect unsecured wireless networks associated with Subscriber’s use of the Service.
    2. In rare cases, high-volume or multiple simultaneous data consuming activities beyond typical single-user usage may adversely impact the Service or network. Subscriber shall not improperly restrict, inhibit or degrade any other user’s use of the service, nor impose an unusually great burden on the network itself. In addition, Subscriber shall not restrict, inhibit, disrupt, degrade or impede Next Level’s ability to operate the network and monitor the network backbone, network nodes and/or other network services.
    3. Next Level reserves the right to block or throttle any connections to or from any server or address block that Next Level in its sole discretion believes may be disrupting or degrading performance to other users.
14. The provisions of this section 14 apply only to Residential Internet Service. The Service is designed for personal, non-business-related use of the Internet and may not be used for commercial purposes. Reasonable residential applications such as telecommuting, online education, and the like are permitted. Subscriber may not operate, or allow others to operate, servers of any type or any other device, equipment and/or software providing commercial server-like functionality in connection with the Service, without the express written consent of Next Level.