Legal1. Nsight Civil Subpoena Compliance2. Internet Service Description and WiFi Performance
Internet Service Description
Nsight Telservices offers residential and commercial customers their choice of a variety of broadband Internet access service tiers, each of which offers varying speeds and features that may affect the suitability of such service for real-time applications. The features, pricing and other commercial terms of our service offerings are modified from time to time and not all packages are available in all areas. Each package is priced to reflect the particular speed and features of that package.
The FCC requires that we disclose information regarding the expected and actual speed and latency of our Internet access service offerings. Nsight Telservices provisions its customers’ modems and engineers its network to maximize our customers’ ability to receive the maximum speed levels for each tier of service. However, Nsight Telservices does not guarantee that a customer will achieve those speeds at all times. Like all other Internet Service Providers (ISPs), Nsight Telservices advertises its speeds as “up to” a specific level based on the tier of service to which a customer subscribes. The “actual” speed a subscriber experiences may vary based on a number of factors and conditions, many of which are beyond the control of an ISP such as Nsight Telservices. These conditions include:
- The performance of a customer’s computer, including its age, memory, processing capability, its operating system, the number of applications running simultaneously, and the presence of any adware or viruses has an effect on your computer’s ability to communicate with the Internet.
- Type of connection between a customer’s computer and modem. If there are additional routers or switches between your modem and your computer, the connection speed you experience can often depend on the model and configuration of the router in addition to the quality of the Ethernet cable and duplex settings of the Ethernet ports on the respective equipment. Certain routers are able to pass data to your computer more quickly than others. Wireless connections also may be subject to greater fluctuations, interference and congestion.
- The distance packets travel (round trip time of packets) between a customer’s computer and its final destination on the Internet, including the number and quality of the networks of various operators in the transmission path impacts internet speed. The Internet is a “network of networks.” Your connection may traverse the networks of multiple providers before reaching its destination, and the limitations of those networks will most likely affect the overall speed of that Internet connection.
- Congestion or high usage levels at the website or destination. If a large number of visitors are accessing a site or particular destination at the same time, your connection will be affected if the site or destination does not have sufficient capacity to serve all of the visitors efficiently.
- Gating of speeds or access by the website or destination. In order to control traffic or performance, many websites limit the speeds at which a visitor can download from their site. Those limitations will carry through to a customer’s connection.
Customer understands that WiFi utilizes public, unlicensed radio-frequency spectrum. As such, WiFi within your home or business is subject to external interferences, environmental influences, and other factors and variables beyond our reasonable control. Performance and availability may vary, including but not limited to or affected by,
- transmission and download speed and accuracy;
- network congestion;
- performance, configuration, and functionality of your WiFi enabled devices and wireless cards (including, but not limited to memory, storage and other limitations);
- physical obstructions and distances between your WiFi device and the WiFi router;
- availability of electric power;
- collocation failures;
- transmission and equipment limitations, failures, maintenance or repair; and
- user error.
We are not responsible for data lost or misdirected due to these and other foreseeable and unforeseeable factors. Network speed is an estimate based off direct hard-wired connection to your provided router and is no indication of the speed at which your WiFi device or WiFi will operate.
U.S. Anti-Bot Code of Conduct:
Nsight supports the Federal Communications Commission’s (FCC) Communications Security, Reliability and Interoperability Council (CSRIC) U.S. Anti-Bot Code of Conduct for Internet Service Providers.
Welcome to the Internet sites operated by Nsight Telservices and affiliates of Nsight Telservices. Nsight Telservices understands the private nature of your business and/or personal information and takes strident efforts to ensure the security of your information. We’re a proponent of our customers’ rights as it applies to telecommunications. This includes not only your right to privacy but also your right to choice, timely redress, disclosure and much more, as detailed in our the consumer bill of rights below.
Acceptable Use Policy
By using Nsight’s broadband ISP service, Customer agrees to be bound by, and comply with, this Acceptable Use Policy (“AUP”) and any Terms and Conditions associated with the service(s) to which the customer subscribes. Nsight reserves the right to change or modify the AUP and Terms and Conditions at any time at its discretion. Any changes or modifications become effective when posted. Customer’s use of Nsight’s broadband ISP service after the changes or modifications have been posted shall constitute acceptance of all such changes or modifications.
1. Enforcement and Notification. Any user which Nsight, at its sole discretion, determines has violated the terms of this AUP or Terms and Conditions may be subject to Nsight taking action to enforce this AUP and Terms and Conditions. Those actions may include, but are not limited to, warning the violating user, suspending the violating user’s account(s), or terminating the violating user’s account(s). Nsight may, when feasible, attempt to notify the user of the violation and allow the user to correct the violation. However, notification is not required nor does a failure to notify a user limit the actions Nsight may take.
Nsight reserves the right to immediately suspend or terminate a user’s service without notice in response to a legal order or government notice that certain conduct must be terminated immediately. In addition, Nsight reserves the right to immediately suspend or terminate a user’s service without notice if Nsight reasonably determines that a user’s conduct: (a) violates any applicable law or regulation; (b) exposes Nsight to criminal or civil liability, prosecution, or sanctions; (c) exposes Nsight’s network or Nsight’s customers’ network or property to harm; (d) interferes with the integrity or normal operations of Nsight’s network; or, (e) interferes with another Nsight customer’s use of Nsight’s broadband ISP service.
Nsight reserves the right to remove, block, filter, or restrict the transmission of any material or content that Nsight determines, at its sole discretion, is unlawful. Such transmission, or attempted transmission, violates this AUP and Terms and Conditions and Nsight may take action as described above.
2. Prohibited Conduct and Activities. The Nsight network must be used in a manner consistent with the intended use and purpose of Nsight’s network and services provided to the customer and may only be used for lawful purposes. Customers are prohibited from using Nsight’s network and services in order to transmit, distribute, or store material that in any way is unlawful, that is harmful to or interferes with Nsight’s network or services, or that adversely affects, or interferes with, the use or enjoyment of Nsight’s network or services by other users. In addition, the conduct and activities listed below are specifically prohibited. The list is not exclusive. Failure to specifically list a prohibited conduct or activity does not imply or confer that said conduct or activity is permitted or lawful.
a. Unlawful Activities. Nsight’s services shall not be used in connection with any criminal, civil or administrative violation of any applicable local, state, federal, national or international law, treaty, court order, ordinance, regulation, or administrative rule. Customer shall not use Nsight’s network or services to transmit any material whose transmission is unlawful under any law applicable to such transmission.
b. Harm to Minors. Customer shall not use Nsight’s network or services to harm, or attempt to harm, minors in any way.
c. Child Pornography. Customer shall not use Nsight’s network or services to publish, submit, receive, upload, download, post, use, copy, produce, transmit, distribute, or store child pornography.
d. Threatening Material or Conduct. Customer shall not use Nsight’s network or services to host, post, transmit, or re-transmit any content or material that harasses or threatens or encourages bodily harm or destruction of property.
e. Inappropriate Content. Nsight reserves the right to remove or restrict posting of materials that, at
Nsight’s sole and reasonable discretion, is determined to be obscene, indecent, defamatory, libelous, hateful, malicious, threatening, abusive, racist, excessively violent, promoting use of violence against others, fraudulent, or treasonous.
f. Harassment. Customer shall not use Nsight’s network or services to transmit any material that unlawfully or otherwise harasses another.
g. Intellectual Property. Customer shall not use Nsight’s network or services to publish, submit, receive, upload, download, post, use, copy, reproduce, transmit, re-transmit, distribute, or store any material that may be subject to protection under privacy, publicity, or other personal rights and Intellectual Property rights including, but not limited to, copyright, patent, trademark, trade dress, and trade secret. Customer shall not use Nsight’s network or services in any manner that would dilute, misappropriate, infringe, or violate any such rights.
h. Fraudulent or Misleading Content. Customer shall not use Nsight’s network or services to transmit or distribute material containing fraudulent offers for goods and services or any advertising containing false, deceptive, or misleading statements, claims, or representations.
i. Harmful Content. Customer shall not use Nsight’s network or services to transmit, distribute, or store material that may be harmful to or interfere with Nsight’s network and services or any third party’s network, service, or system. This includes, but is not limited to, viruses, worms, and Trojan horses
j. Forgery or Impersonation. Customer shall not use Nsight’s network or services to add, remove, or modify identifying information in an effort to deceive or mislead the recipient of such information or in an attempt to impersonate another person.
k. Unauthorized Access. Customer shall not use Nsight’s network or services to access, or to attempt to access without authorization, the accounts of others or to gain access to Nsight’s network, databases, or systems, whether or not the attempt or intrusion is successful.
l. Unsolicited Commercial or Bulk E-mail. Customer shall not use Nsight’s network or services to transmit unsolicited commercial e-mail, unsolicited bulk e-mail, or any such e-mails which could reasonably be considered “spam.” In addition, Customers are prohibited from using another provider’s service to send “spam” to promote a site hosted on or connected to Nsight’s network or services. Customers shall also refrain from using Nsight’s network and services to: (1) send e-mail messages, which are excessive and/or intended to harass or annoy others; (2) continue to send e-mail messages to a recipient that has indicated they no longer wish to receive them; (3) send an e-mail with a forged TCP/IP packet header information; (4) send malicious e-mail, including, without limitation, “mail-bombing”; or, (5) send or receive e-mail messages in a manner that violates the use policies of any other Internet service provider;.
m. Collection of Personal Data. Customer shall not use Nsight’s network or services to collect, or attempt to collect, personal information about third parties without their knowledge or consent. This includes, but is not limited to, phishing activities.
n. Network Disruptions and Adverse Activity. Customer shall not use Nsight’s network or services to conduct activities that may be harmful to or interfere with Nsight’s network or services or any third party’s network or services. In addition, customer shall not use Nsight’s network or services to conduct any activity that adversely affects the ability of other customers to use Nsight’s network or services. This includes, but is not limited to, flooding, mail bombing, or denial of service attacks. Such violations may also result in criminal and/or civil liability. Nsight will investigate such activity, and when warranted, may involve and cooperate with law enforcement authorities in prosecuting users involved in such activity.
3. Third Party Rules. Failure to adhere to any rules, guidelines, or agreements applicable to search engines, subscription Web services, chat areas, bulletin boards, Web pages, USENET, or other services that are accessed through Nsight’s network or services shall constitute a violation of the AUP and/or Terms and Conditions.
4. Prohibition on Resale. Customers are prohibited from reselling Nsight’s services without prior authorization whether or not a fee is being charged.
5. Content Responsibilities. Customers remain solely and fully responsible for the content of any material created, accessible, posted, hosted, downloaded, uploaded, accessed, or transmitted either on or through Nsight’s network or services. Nsight takes no responsibility for such content.
6. Monitoring Obligations. Nsight is under no obligation to monitor Customer’s content, usage, bandwidth, or transmission associated with the Customer’s use of Nsight’s network or services. However, Nsight reserves the right to do so. Nsight may monitor content, usage, bandwidth, or transmissions as necessary to: (a) enforce the terms of the AUP and Terms and Conditions; (b) comply with applicable laws, regulations, or other governmental or judicial directives; (c) protect Nsight’s network and services; or, (d) ensure other users are not being adversely affected by Customer’s conduct or activity. Nsight reserves the right to modify, restrict, or block access or usage in response to discoveries made while monitoring content, usage, bandwidth, or transmissions.
7. Indemnification. Customer agrees to defend, indemnify, and hold harmless Nsight from any claims, damages, losses, or expenses (including, but not limited to, attorneys fees and costs) incurred in connection with all claims, suits, judgments and causes of actions for damages arising from Customer’s breach of any provision of the AUP and/or Terms and Conditions.
8. Failure to Enforce AUP and Terms and Conditions. The failure of Nsight to enforce this AUP and/or Terms and Conditions, regardless of the reason for not doing so, shall not constitute a waiver of any right to do so at any time. Customer agrees that should any portion of this AUP and/or Terms and Conditions be found invalid or unenforceable, that portion, and that portion only, shall be construed as consistent as possible with the applicable law. The remaining portions shall remain in full force and effect.
Copyright Policy & Digital Millennium Copyright Act Notice
Nsight respects the intellectual property rights of others. If you believe that your work has been copied and has been posted, stored or transmitted to the Site in a way that constitutes copyright infringement, please submit a notification pursuant to the Digital Millennium Copyright Act (“DMCA”) by providing Nsight’s Copyright Agent the following written information:
- An electronic or physical signature of the person authorized to act on behalf of the owner of the copyright interest;
- A description of the copyrighted work that you claim has been infringed upon;
- A specific description of where the material that you claim is infringing is located on the Site;
- Your address, telephone number, and e-mail address;
- A statement by you that you have a good-faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law;
- A statement by you, made under penalty of perjury, that the above information in your notice is accurate and that you are the copyright owner or authorized to act on the copyright owner’s behalf.
Nsight’s Copyright Agent for notice of claims of copyright infringement on the Site can be reached as follows:
Larry L. Lueck, Associate Legal Counsel, Nsight, 450 Security Blvd., Green Bay, WI 54313, Phone: (920) 617-7000; email@example.com
If you provide Nsight’s Copyright Agent with proper written notification pursuant to the procedure above, including information reasonably sufficient to allow Nsight to locate and remove or disable access to the material in question or which includes information concerning repeat infringement, then Nsight will promptly notify the alleged infringer of your claim and shall take reasonable steps to promptly notify our subscriber that we have removed or disabled access to the material. We will also advise the alleged infringer of the DMCA statutory Counter Notification procedure described below by with the alleged infringer may respond to your claim and request that we restore the material.
If you believe that a copyright notice has been filed against you as a result of mistake or misidentification, you may submit a written Counter Notification to our Copyright Agent pursuant to the DMCA. You must provide the following information:
● A description of the copyrighted work that has been removed or disabled and the location at which the material appeared before it was removed or access to it was disabled;
● A statement by you under penalty of perjury that you have a good faith belief that the material was removed or disabled as a result of mistake or misidentification;
● A statement that you consent to the jurisdiction of the Federal District Court for the judicial district in which the address is located, or if your address is outside the United States, for any judicial district in which the service provider can be found;
● A statement that you will accept service of process from the person who provided the Notice of Alleged Copyright Infringement or the party’s agent;
● Your physical or electronic signature;
● Your name, address and telephone number.
Upon receipt of a valid Counter Notification as described above, we will promptly provide the complaining party with a copy of the Counter Notification, and inform such party that we will replace the removed material or cease disabling access to it in 10 business days. We will replace the removed material and cease disabling access to it not less than 10, nor more than 14, business days following receipt of the Counter Notification, unless our Designated Agent first receives notice from the complaining party that the complaining party has filed an action seeking a court order to restrain the subscriber from engaging in infringing activity relating to the material on Nsight’s system or network.
NOTE: Nsight’s designated Copyright Agent should only be contacted with respect to copyright infringement matters. The Copyright Agent will not respond to general inquiries.
It is Nsight’s policy to provide for the termination, in appropriate circumstances, of Nsight’s subscribers and account holders who are repeat infringers of copyrighted works, trademarks or any other intellectual property.
You may be liable for damages, including court costs and attorney fees, if you materially misrepresent that content on our website or service is copyright infringing. Filing a false claim constitutes perjury.
Nsight Telservices (“Nsight”)
Broadband Internet Access Services
Open Internet Disclosures
Nsight has adopted the following network management practices, performance characteristics, and commercial terms and conditions for its broadband Internet access services in its good faith effort to comply with the Federal Communications Commission’s (“FCC’s) Open Internet Framework requirements (GN Docket No. 09-191 and WC Docket No. 07-52) (“Open Internet Rules”). It is Nsight’s intent to fully comply with the Open Internet Rules and it believes the information contained below accomplishes that intent.
These practices, characteristics, terms and conditions are intended to help preserve the Internet as an open framework that enables consumer choice, freedom of expression, end-user control, competition, and freedom to innovate without permission, while permitting Nsight to manage its network reasonably.
These practices, characteristics, terms and conditions are effective as of November 20, 2011.
Nsight may add, delete, or modify certain practices, characteristics, terms and conditions from time to time at its discretion. Any modifications or changes will be posted on this website. As such, we encourage customers to visit this website periodically to review our practices.
I. Network Management Practices
Nsight is committed to providing the best broadband Internet experience possible to all of its customers. Nsight and its staff use their best efforts to monitor, address and minimize (but do not guarantee that they can prevent) the effects of spam, viruses, security attacks, network congestion, and other phenomena that can degrade the service of affected customers.
A. Congestion Management Practices
Congestion is an Internet access service problem that can slow web browsing, downloading, and other activities of the customers during certain peak usage periods. During periods of congestion they may experience conditions such as longer times to download or upload files, slower Web surfing, and/or slower movements during online game playing. This congestion may be caused by capacity limits and bottlenecks in a service provider’s own network or by limitations in the capacity of backhaul facilities and services that many service providers must purchase from unrelated entities.
Nsight manages its Internet network using a protocol-agnostic method. This means congestion is not managed based on online activities, protocols, or applications. In the event of congestion, all traffic is classified as “best effort.” If significant congestion problems arise in the future, Nsight most desired approach is to determine the source of the problem, and to increase the capacity of the affected portions of its network and/or of its connections with the Internet where warranted. However, network and other facilities upgrades often cannot be accomplished instantaneously because of the need to interconnect with multiple, unrelated entities.
B. Application-Specific Behavior Practices
Nsight does not have its own third-party application certification criteria or procedures, nor does it restrict the use of applications on its network unless they are unlawful or unless there is a reasonable belief that such applications will cause harm to its network. Nsight will expeditiously inform an application developer of any decision to deny access to Nsight’s network of a particular application of such developer.
C. Device Attachment Rules
Nsight does not have its own third-party device certification criteria or procedures, nor does it restrict the use of devices on its network unless they are unlawful, there is a reasonable belief that such devices will cause harm to its network, or the device in incompatible with Nsight’s network. Nsight will expeditiously inform a device provider of any decision to deny access to Nsight’s network for a particular device of such provider.
Customers may use any lawful, compatible, type-accepted (if necessary) and commercially available device which they desire on Nsight’s network, as long as such device does not harm the network.
D. Security Practices
Nsight does not normally monitor the traffic of its customers. It undertakes no obligation to monitor or protect such customer traffic from spam, viruses, denial-of-service attacks, or other malicious, unlawful or unwanted activities.
Our network employs metrics which determine whether there is a Denial of Service or similar attack hitting the network. During the time of such attacks inbound and outbound traffic filtering techniques will be employed to avoid network congestion and other network degradation. If any network traffic appears to be a malicious attempt to disrupt the network, such as by e-mail spamming or otherwise, corrective action will be taken and network information may be transmitted to the appropriate law enforcement agency for investigation and possible criminal prosecution under various computer hacking laws.
A customer that is subjected to a denial-of-service attack, or similar malicious, unlawful or unwanted activity, is urged to notify Nsight as soon as possible. Nsight will work with the customer, other service providers, federal and state regulators, and/or law enforcement to determine the source of such activity, and to take appropriate, and technically and economically reasonable efforts to address the matter.
E. Traffic Blocking
Subject to reasonable network management practices, Nsight does not block any lawful content, applications, services, or non-harmful devices.
II. Performance Characteristics
A. General Service Description
The Company uses a hybrid fiber optic and copper digital subscriber line (“DSL”) network that reaches approximately 99 percent of the potential customers in its rural service area, and a fiber-to-the-home (“FTTH”) network that reaches approximately one percent of such customers. The expected access speeds in the DSL portions of the network range from .768 megabits per second (“Mbps”) to 75 Mbps, depending upon the actual lengths of the respective fiber trunks and copper lines. The expected access speeds in the FTTH portion of the network range from 1 Mbps to 100 Mbps, depending upon the electronics installed.
Actual access speeds and time delays (latency) are impacted by the length, capacity and congestion of Middle Mile transport facilities (between the Company’s service area and Internet nodes) as well as the characteristic of the Company’s own network. Because conditions on these facilities and routes can change frequently, the Company can provide estimated actual access speed and latency information only for specific recent time periods requested by a customer.
B. Impact of Specialized Services
If a customer subscribes to Nsight Digital TV, Internet broadband speed may be impacted due to the bandwidth utilized by Nsight Digital TV.
III. Commercial Terms and Conditions
A. Pricing Terms and Conditions
Nsight’s pricing, terms and conditions are available at www.nsighttel.com.
B. No Unreasonable Discrimination
Subject to reasonable network management practices, Nsight does not discriminate in transmitting lawful network traffic over a user’s broadband Internet access service.
C. Privacy Policies
Nsight’s Acceptable Use Policy is available at http://www.nsighttel.com.
D. Redress Options