Internet Service – Terms of Service

  1. Subscriber understands that the services provided hereunder (Internet Service) may be governed by certain federal, state, and local regulatory authorities and by certain terms and conditions of service contained in any other materials provided by Next Level Networks (NLN) to Subscriber now or in the future. In the event of any 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. NLN reserves the right to verify identity and electronic payment methods in advance of, and as a condition to, provisioning Internet Service to Subscriber. Credit card verification and identity validation are required for all prospective Internet Service Subscribers.
  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 the NLN’s monthly invoice and/or notify NLN of disputed items within thirty (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 and discontinuance of service. An additional charge may be imposed if a check is not honored due to insufficient funds or account closure.
  4. NLN normally supplies Subscriber Premises Equipment to its subscribers, which may include products, services and systems provided by Plume. In that case Subscriber agrees to the terms and conditions of the Plume HomePass Membership and Cloud Services Agreement available at https://www.plume.com/legal?tabld=terms .
  5. NLN operates as an Internet Service Provider. As such, Subscriber may choose to provide its own equipment for use at its location to connect to the NLN Network, and in those cases it is at the Subscriber’s risk and responsibility. Subscriber assumes all support, maintenance, configuration and operations for its equipment.
  6. Should any device or any facility supplied by Subscriber not comply with the technical specifications established by the Federal Communications Commission, including but not limited to those relating to signal leakage, NLN reserves the right to discontinue service until such non-compliance is cured by Subscriber.
  7. In no event shall NLN be liable for any failure or interruption of service resulting in part or entirely from circumstances beyond NLN’s reasonable control. Disruption of service arising from failures in the Community owned network is specifically not within the control of NLN. NLN shall not be liable for any direct, indirect, consequential, incidental, special, exemplary or punitive damages from whatever cause.
  8. Neither party shall be liable for any delay or failure of performance due to causes beyond its control, including but not limited to acts of God, fire, flood, explosion or other catastrophes; any law, order, regulation, action or request of a Federal, state or local governmental authority or of any civil or military authority; national emergencies, unavailability of rights-of-way or materials; or strikes, lock-outs, work stoppages or other labor difficulties.
  9. NLN assumes no responsibility for the condition or repair of any Subscriber provided equipment. NLN is not responsible or liable for any loss or impairment of reception of NLN’s service due in whole or in part to a malfunction or defect in Subscriber provided equipment.
  10. Subscriber agrees to pay all Federal, state, and local taxes identified on NLN’s monthly invoices, including but not limited to, 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.
  11. This Agreement supplied by NLN is not assignable or otherwise transferable by Subscriber. Subscriber shall notify NLN of any change of occupancy or ownership of the premises immediately upon such transfer of ownership or tenancy.
  12. Subscriber may terminate any NLN service at any time by giving prior notice to NLN. This Agreement and the Service provided hereunder may be terminated (a) by NLN at any time without prior notice (i) if the Subscriber fails to comply in full with all the terms herein; or (ii) if NLN loses the right or ability to access the community owned network necessary to serve Subscriber, or (b) by Subscriber, at any time, upon advance notice to NLN. In the event of termination by NLN, any restoration of service shall be solely at NLN’s discretion and on such terms as NLN shall determine are necessary to resume service on a commercially reasonable basis.
  13. If Subscriber breaches this Agreement or fails to abide by NLN’s rates, rules and regulations, NLN, at its option, may discontinue the service. Subscriber shall pay reasonable collection and/or attorney’s fees to NLN in the event that NLN shall find it necessary to enforce collection or to preserve and protect its rights under this Agreement.
  14. NLN assumes no liability for any content, information or program distributed by means of the Internet. NLN shall not be responsible for any products, merchandise or prizes promoted on or purchased through the use of the Internet.
  15. Subscriber agrees to adhere to the terms and conditions of the NLN Acceptable Use Policy, which can be found on the NLN home page (https://www.NextLevel.net). By using NLN’s Internet Service, Subscriber is deemed to have read and agreed to be bound by these documents.
  16. The terms and conditions contained herein, constitute the entire agreement between the Subscriber and NLN. NLN may amend this Agreement from time to time and will provide revised terms on its website and email.. Subscriber’s election to continue receiving the Service thereafter shall be deemed to constitute Subscriber’s acceptance of such changes and amendments.

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