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Legal

Nsight Telservices Legal

1. Nsight Civil Subpoena Compliance

2. Internet Service Description and WiFi Performance

3. Customer Rights and Acceptable Use Policy

4. Copyright Policy & Digital Millennium Copyright Act Notice

5. Open Internet Disclosure

6. Michigan Operating Tariff

7. Residential Terms and Conditions


1. Nsight Civil Subpoena Compliance

Download the Nsight Civil Subpoena Compliance


2. 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:

  1. 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.
  2. 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.
  3. 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.
  4. 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.
  5. 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.

WiFi Performance

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,

  1. transmission and download speed and accuracy;
  2. network congestion;
  3. performance, configuration, and functionality of your WiFi enabled devices and wireless cards (including, but not limited to memory, storage and other limitations);
  4. physical obstructions and distances between your WiFi device and the WiFi router;
  5. availability of electric power;
  6. collocation failures;
  7. transmission and equipment limitations, failures, maintenance or repair; and
  8. 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.


3. Customer Rights and Acceptable Use Policy

Customer Rights

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:

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; infringe@nsight.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.

Counter Notification

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.


5. Open Internet Policy

Nsight Telservices (“Nsight”) Broadband Internet Access Services & Open Internet Disclosures

Network Management Practices

Traffic Blocking

Subject to reasonable network management practices, Nsight does not block any lawful content, applications, services, or non-harmful devices.

Throttling

Subject to reasonable network management practices, Nsight does not throttle any lawful content, applications, services, or non-harmful devices.

Affiliated Prioritization

Nsight does engage in affiliated prioritization of traffic.

Paid Prioritization

Nsight does engage in paid prioritization of traffic.

Congestion Management

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.”

Application Specific Behavior Management

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.”

Device Attachment Rules

Nsight provides the demarc device on all Internet connections.  In special cases, customers may request that we “bridge” the provided device.  In this case, there is no restriction on the type of the device used on the customer side of the bridge.

Security

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.

Performance Characteristics

Service Description

The Company uses a hybrid fiber optic and copper digital subscriber line (“DSL”) network that reaches approximately 90 percent of the potential customers in its rural service area, and a fiber-to-the-home (“FTTH”) network that reaches approximately 10 percent of such customers. The company uses fiber optic and an MPLS network to service select businesses. The expected access speeds in the DSL portions of the network range from 1 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 250 Mbps based upon product.  The access speeds in the MPLS network range from 6 Mbps to 100,00 Mbps based upon the product.

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.

Impact of Non-Broadband Internet Access Service Data Services

If a customer subscribes to Nsight Digital TV, Internet broadband speed may be impacted due to the bandwidth utilized by Nsight Digital TV.

Commercial Terms

Price

Nsight’s pricing, terms and conditions are available at www.nsighttel.com.

Privacy Policies

Nsight’s privacy policy is available at https://www.nsighttel.com/privacy-policy/.

Nsight’s Acceptable Use Policy

Redress Options

Questions and complaints regarding the foregoing matters should be addressed to Nsight’s Technical Support Department at 800-224-3308 or by email.


6. Michigan Operating Tariff

Boarderland Access Tariff

Michigan Service Tarriff


7. Residential Terms and Conditions

These terms and conditions (“Terms and Conditions”) for Nsight Telservices residential services: Wireline Voice, TV, Fixed-Wireless, or a combination of those services (“Services”), is by and between Northeast Communications of WI, Inc and any of its subsidiaries, hereinafter referred to as (“Nsight Telservices”), and the party whose name(s) appear on the agreement (“Customer”). These Terms and Conditions shall become effective on the date the agreement is signed.

  1. EQUIPMENT AND SERVICES.
    1. Services may be subject to transmission limitations caused by atmospheric or geographic conditions. The Services may be temporarily refused or limited because of the system’s capacity limitations. Services to any or all customers may be temporarily interrupted or curtailed, without notice, due to Nsight Telservices Equipment, as that term is defined herein, modifications, upgrades, relocations, repairs or similar activities necessary for the proper or improved operations of the system.
    2. Common Provisions. Each financially responsible individual, business, or entity identified on the agreement hereof shall be jointly and severally responsible for payment of all Services on Customer’s account. Neither the Nsight Telservices Equipment nor the Services shall be used by Customer for any purpose that is in violation of federal, state or local law, nor shall the same be used in such manner as to unreasonably interfere with the use of the Services by one or more other customers.
  2. LIABILITY DISCLAIMER AND INDEMNIFICATION.
    1. CUSTOMER ACKNOWLEDGES THAT NSIGHT TELSERVICES IS NEITHER THE MANUFACTURER NOR THE AGENT OF THE MANUFACTURER OF THE EQUIPMENT PROVIDED HEREUNDER. CUSTOMER ACKNOWLEDGES AND AGREES THAT NSIGHT TELSERVICES MAKES NO WARRANTY OR REPRESENTATION OF ANY KIND REGARDING THE EQUIPMENT AND THAT NSIGHT TELSERVICES DISCLAIMS ANY WARRANTY, EXPRESS OR IMPLIED, INCLUDING THE IMPLIED WARRANTIES OF MERCHANTABILITY AND OF FITNESS FOR A PARTICULAR PURPOSE. UNDER NO CIRCUMSTANCES SHALL NSIGHT TELSERVICES BE LIABLE FOR ANY SPECIAL, INCIDENTAL, OR CONSEQUENTIAL DAMAGES CAUSED IN WHOLE OR IN PART BY AN EQUIPMENT MALFUNCTION OR FAILURE, INCLUDING, BUT NOT LIMITED TO, PERSONAL INJURY, PROPERTY DAMAGE, DAMAGE TO OR LOSS OF EQUIPMENT, LOST PROFITS OR REVENUE, COST OF RENTING REPLACEMENTS, AND OTHER ADDITIONAL EXPENSES, EVEN IF NSIGHT TELSERVICES HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
    2. ADDITIONAL LIMITATIONS. It is further specifically agreed as to the Nsight Telservices Equipment and Services provided hereunder that Nsight Telservices shall NOT be liable to Customer or any other party for:
      1. Any injury to person or damage to property resulting from any negligent or unintentional acts or omissions of Nsight Telservices, its employees, agents or others.
      2. Any damage or loss by Customer as a result of any partial or complete interruption in the operation of its business or for any failure of any of its Nsight Telservices Equipment or Services.
  1. Customer agrees to indemnify and hold Nsight Telservices harmless from all claims, actions, suits, demands and judgments, including actual attorney’s fees and costs, which Nsight Telservices may incur in defending itself against any of the aforesaid arising from Customer’s use or possession or other relationship to the Nsight Telservices Equipment or Services supplied, worked on, or provided by Nsight Telservices or its employees, agents or designees, including, but not limited to, any expenses arising from actions brought under the Occupational Safety and Health Act or other governmental regulations or laws.
  2. TERMINATION OF SERVICE.
    1. In the event Nsight Telservices, in its sole discretion, undertakes litigation or collection efforts against Customer to enforce the terms of this Agreement, and Nsight Telservices prevails in such efforts, Customer shall be responsible to reimburse Nsight Telservices for all costs and expenses, including actual attorneys’ fees, incurred by Nsight Telservices relative to such efforts, unless otherwise precluded by law. Further, in the event such litigation or collection effort arises from, or results in, the termination of this Agreement prior to the expiration of its term, Customer shall be liable to Nsight Telservices for the early termination fee (in addition to all outstanding charges on Customer’s account at the time of such termination).
    2. The term of Customer’s Agreement shall be tolled, and its expiration date extended, for any periods during which Services are suspended due to nonpayment or other violations of the terms of Customer’s Agreement by Customer. Upon Customer’s cure of such violation, Nsight Telservices may, acting in its sole discretion, reactivate Services and shall be entitled to charge Customer a reasonable reactivation fee.
    3. Customer is required Nsight Equipment used to provide Services. Failure to the Nsight Equipment within 30 days of disconnection of Services will result in charges. Unrecovered Nsight Equipment will be billed to the customer at the minimum rate of $300 for each individual piece of Nsight Equipment.  If the removed or returned  Nsight Equipment is not in good working condition, a charge may also apply.
  1. VOICE ACCESS NUMBER.
    1. Nsight Telservices reserves the right, in its sole discretion, to change Customer’s access number upon notice to the Customer. Customer acknowledges that Customer has no proprietary or ownership rights or interest in or to Customer’s number(s), except as allowed for by law, and cannot acquire such rights or interest through usage, publication or otherwise.
    2. Customer may request that Customer’s access number(s) be transferred to or from another service provider within the same local geographic area.
    3. If Customer transfers the access number(s) to Nsight Telservices, all activation requirements and charges, including credit approval, apply. Customer remains liable for charges (including cancellation fees) incurred with a former service provider.
    4. If Customer requests to transfer the access number(s) to another service provider, this request will be considered a notice of Customer’s intention to terminate Services; and the terms of the Agreement set forth in the early termination fee paragraphs will apply. Upon request, all amounts then owed to Nsight Telservices (including the early termination fee and any amounts that appear on the final invoice) shall become immediately due. If a transfer is unsuccessful for any reason, Services will not terminate, and Customer will continue to be responsible for all Service or other charges (not the early termination fee).
    5. When transferring access numbers to another service provider, voice mail, phone book or other Services may be lost.
    6. Nsight Telservices does not guarantee, in any way, that such access number transfers to or from Nsight Telservices will be successful.
  2. RATES AND CHARGES.
    1. Customer acknowledges that it is responsible to pay to Nsight Telservices all charges resulting from the provision of Nsight Telservices Equipment and use of the Services.
    2. Except as may be prohibited by law, Nsight Telservices reserves the right to amend these Terms and Conditions upon notice to Customer and the expiration of a thirty-day objection period afforded to Customer. If, after receiving any such notice from Nsight Telservices, Customer desires to terminate the Agreement due to the proposed amendment(s), Customer shall, within thirty days of receipt of Nsight Telservices notice, deliver written notice of termination to Nsight Telservices; and the Agreement and Customer’s ability to utilize the Services shall terminate on the fifth day following Nsight Telservices receipt of Customer’s notice of termination. Notwithstanding, if Customer utilizes the Services or makes payment to Nsight Telservices therefor after Customer’s receipt of Nsight Telservices notice, Customer shall be deemed to have agreed to Nsight Telservices proposed amendment(s) and shall not thereafter have any right to terminate the Agreement due to such amendment(s).
    3. There may be added to any charges incurred by Customer amounts equal to any industry-wide surcharges and/or fees and any surcharge, duty, levy, tax, or withholding, including, but not limited to, sales, property, ad valorem, excise and use taxes, or any tax in lieu thereof or in addition thereto, imposed by any local, state, or federal government or governmental agency with respect to the Services, or with respect to services provided to customers, excepting only taxes on the income of Nsight Telservices. In addition, there may be added to any charges, additional charges to reimburse Nsight Telservices for its reasonable and necessary costs and expenses incurred in maintaining compliance with regulatory requirements imposed by any local, state, or federal government or governmental agency having jurisdiction over Nsight Telservices.
    4. Customer’s access to, and use of, Services is further governed by Nsight Telservices “Acceptable Use Policy” which can be found at www.Nsight Telservices.com/terms/FixedSerivces. Among other things, the Acceptable Use Policy provides that Nsight Telservices may suspend or terminate Customer’s access or use of Services at any time and without notice to Customer in the event Customer violates any term or condition of the Acceptable Use Policy.
    5. When Customer provides a check as payment, Customer authorizes Nsight Telservices to make a one-time electronic funds transfer from Customer’s account. Therefore, funds may be withdrawn from Customer’s account on the same day Customer’s payment is received. Customer may not receive Customer’s check back from Customer’s financial institution.
    6. Autopay (checking and savings accounts only, no credit or debit cards) and paperless bill required for the discounted rate of $2 per month.
  3. OPEN INTERNET DISCLOSURE.
    1. Data speeds on Nsight Telservices Fixed Wireless Internet plans will automatically slow to a maximum of 1.5 mbps for the remainder of the bill cycle when usage reaches its high-speed data allotment. Customer may contact Customer Care to review plan options available. Ability to stream, video resolution, speed, and other data usage are not guaranteed, may vary, and may be impacted by a variety of other factors.
    2. If necessary, Nsight Telservices may prioritize mobile wireless traffic over fixed wireless traffic. If so done, you may notice decreased speeds with the Services.
  4. MISCELLANEOUS PROVISIONS.
    1. Entire Agreement. These Terms and Conditions, together with all agreements and any other documents referenced herein, shall constitute the entire agreement between the parties; and no term or condition contained herein or therein may be modified or waived, except in writing signed by an authorized representative of Nsight Telservices. The acceptance by Nsight Telservices of any payment after it shall become due shall not constitute or be construed as a waiver of any or all of Nsight Telservices rights hereunder.
    2. Assignment and Interpretation. These Terms and Conditions shall be binding upon and inure to the benefit of the heirs, representatives, successors and assigns of the parties hereto; provided, however, that Customer may not assign this Agreement, or any or all rights or obligations hereunder, to any third party without the prior written consent of Nsight Telservices. The interpretation of this Agreement shall be subject to the laws of the State of Wisconsin.
    3. The invalidity of any portion of any provision of these Terms and Conditions shall not affect the validity of the remainder of the provisions hereof.
    4. Service Fee. Customer may change to other pricing plans available to existing customers, but the term of this Agreement will remain unchanged unless such term is otherwise extended under the terms of another pricing package selected by Customer.
    5. Technology Enhancements. Nsight Telservices reserves the right to change your Nsight Telservices Equipment’s software or programming, over the air, without notice.