Acceptable Use Policy

As a provider of Internet access, web site hosting, VoIP, IPTV and other Internet-related services, NCI Datacom (NCI) provides customers and users the means to acquire and disseminate public, private, commercial, and non-commercial information. NCI respects that the Internet provides a forum for free and open discussion and dissemination of information, however, when there are competing interests at issue; NCI reserves the right to take certain preventative or corrective actions. In order to protect these competing interests, NCI has developed an Acceptable Use Policy (“AUP”), which supplements and explains certain terms of each customer’s respective service agreement and is intended as a guide to the customer’s rights and obligations while utilizing NCI’s services.

A customer’s use of NCI’s services constitutes customer’s acceptance of and agreement to follow the terms of the AUP. This AUP will be revised from time to time. A customer’s continued use of NCI’s services after changes to the AUP are posted on one of NCI’s web sites will constitute the customer’s acceptance of any new or additional terms of the AUP that result from those changes.

One important aspect of the Internet is that no one party owns or controls it. This fact accounts for much of the Internet’s openness and value, but it also places a high premium on the judgment and responsibility of those who use the Internet, both in the information they acquire and in the information they disseminate to others. When subscribers obtain information through the Internet, they must keep in mind that NCI cannot monitor, verify, warrant, or vouch for the accuracy and quality of the information that subscribers may acquire. For this reason, the subscriber must exercise his or her best judgment in relying on information obtained from the Internet, and also should be aware that some material posted to the Internet is sexually explicit or otherwise offensive. Because NCI cannot monitor or censor the Internet, and will not attempt to do so, NCI cannot accept any responsibility for injury to its subscribers that results from inaccurate, unsuitable, offensive, or illegal Internet communications.

When subscribers disseminate information through the Internet, they also must keep in mind that NCI does not review, edit, censor, or take responsibility for any information its subscribers may create. When users place information on the Internet, they have the same liability as other authors for copyright infringement, defamation, and other harmful speech. Also, because the information they create is carried over NCI’s network and may reach a large number of people, including both subscribers and non-subscribers of NCI, subscribers’ postings to the Internet may affect other subscribers and may harm NCI’s goodwill, business reputation, and operations. For these reasons, subscribers violate NCI policy and the service agreement when they, their customers, affiliates, or subsidiaries engage in the following prohibited activities:

1. Spamming

Sending unsolicited bulk and/or commercial messages over the Internet (known as “spamming”). It is not only harmful because of its negative impact on consumer attitudes toward NCI, but also because it can overload NCI’s network and disrupt service to NCI subscribers. Also, maintaining an open SMTP relay is prohibited. When a complaint is received, NCI has the discretion to determine from all of the evidence whether the email recipients were from an “opt-in” email list.

2. Intellectual Property Violations

Engaging in any activity that infringes or misappropriates the intellectual property rights of others, including copyrights, trademarks, service marks, trade secrets, software piracy, and patents held by individuals, corporations, or other entities. Also, engaging in activity that violates privacy, publicity, or other personal rights of others. NCI is required by law to remove or block access to customer content upon receipt of a proper notice of copyright infringement. It is also NCI’s policy to terminate the privileges of customers who commit repeat violations of copyright laws.

3. Obscene Speech or Materials

Using NCI’s network to advertise, transmit, store, post, display, or otherwise make available child pornography or obscene speech or material. NCI is required by law to notify law enforcement agencies when it becomes aware of the presence of child pornography on or being transmitted through NCI’s network.

4. Defamatory or Abusive Language

Using NCI’s network as a means to transmit or post defamatory, harassing, abusive, or threatening language.Forging of Headers — Forging or misrepresenting message headers, whether in whole or in part, to mask the originator of the message.

5. Illegal or Unauthorized Access to Other Computers or Networks

Accessing illegally or without authorization computers, accounts, or networks belonging to another party, or attempting to penetrate security measures of another individual’s system (often known as “hacking”). Also, any activity that might be used as a precursor to an attempted system penetration (i.e. port scan, stealth scan, or other information gathering activity).

6. Distribution of Internet Viruses, Worms, Trojan Horses, or Other Destructive Activities

Distributing information regarding the creation of and sending Internet viruses, worms, Trojan horses, pinging, flooding, mail bombing, or denial of service attacks. Also, activities that disrupt the use of or interfere with the ability of others to effectively use the network or any connected network, system, service, or equipment.

7. Facilitating a Violation of this AUP

Advertising, transmitting, or otherwise making available any software, program, product, or service that is designed to violate this AUP, which includes the facilitation of the means to spam, initiation of pinging, flooding, mail bombing, denial of service attacks, and piracy of software.

8. Export Control Violations

Exporting encryption software over the Internet or otherwise, to points outside the United States.

9. Usenet Groups

NCI reserves the right not to accept postings from newsgroups where we have actual knowledge that the content of the newsgroup violates the AUP.

10. Other Illegal Activities

Engaging in activities that are determined to be illegal, including advertising, transmitting, or otherwise making available Ponzi schemes, pyramid schemes, fraudulently charging credit cards, and pirating software.

11. Other Activities

Engaging in activities, whether lawful or unlawful, that NCI determines to be harmful to its subscribers, operations, reputation, goodwill, or customer relations.

As we have pointed out, the responsibility for avoiding the harmful activities just described rests primarily with the subscriber. NCI will not, as an ordinary practice, monitor the communications of its subscribers to ensure that they comply with NCI policy or applicable law. When NCI becomes aware of harmful activities, however, it may take any action to stop the harmful activity, including but not limited to, removing information, shutting down a web site, implementing screening software designed to block offending transmissions, denying access to the Internet, or take any other action it deems appropriate.

NCI also is concerned with the privacy of on-line communications and web sites. In general, the Internet is neither more nor less secure than other means of communication, including mail, facsimile, and voice telephone service, all of which can be intercepted and otherwise compromised. As a matter of prudence, however, NCI urges its subscribers to assume that all of their on-line communications are insecure. NCI cannot take any responsibility for the security of information transmitted over NCI’s facilities.

NCI will not intentionally monitor private electronic mail messages sent or received by its subscribers unless required to do so by law, governmental authority, or when public safety is at stake. NCI may, however, monitor its service electronically to determine that its facilities are operating satisfactorily. Also, NCI may disclose information, including but not limited to, information concerning a subscriber, a transmission made using our network, or a web site, in order to comply with a court order, subpoena, summons, discovery request, warrant, statute, regulation, or governmental request. NCI assumes no obligation to inform the subscriber that subscriber information has been provided and in some cases may be prohibited by law from giving such notice. Finally, NCI may disclose subscriber information or information transmitted over its network where necessary to protect NCI and others from harm, or where such disclosure is necessary to the proper operation of the system.

Finally, NCI wishes to emphasize that in accepting the service agreement, subscribers indemnify NCI for any violation of the service agreement, law, or NCI policy, that result in loss to NCI or the bringing of any claim against NCI by any third-party. This means that if NCI being sued because of a subscriber’s or customer of a subscriber’s activity, the subscriber will pay any damages awarded against NCI, plus costs and reasonable attorneys’ fees.

We hope this AUP is helpful in clarifying the obligations of Internet users, including NCI and its subscribers, as responsible members of the Internet. Any complaints about a subscriber’s violation of this AUP should be sent to support@ncidata.com.

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1. Services

Customer agrees to purchase Internet access services or other services (“Services”) from NCI Data.com, Inc. (“NCI”). Services provided by NCI are for the sole use of the customer and not for resale of any kind without the prior written consent of NCI. NCI may, at its sole discretion, increase fees associated with the Services or terminate the Services as allowed under this Agreement and further set forth below. Once installed, all hardware and/or software is Customer’s responsibility, in that NCI has no control who uses or may change settings in the Customer’s equipment.

2. Billing

Customer agrees to pay all charges billed to Customer’s account, including applicable taxes in accordance with billing terms in effect at the time the fee or charge becomes payable. Recurring monthly fees are due and payable in advance of the first day of each monthly billing period for which the Customer has purchased Services. Customer agrees to pay a fee for processing unpaid checks or rejected credit cards. The initial Invoice may include non-recurring installation charges, including but not limited to, equipment, inside wiring and installation fees. If the Recurring Monthly Charges or Initial Invoice remains unpaid 15 days past its due date the payment and customer account is considered past due and delinquent. Delinquent accounts are subject to immediate termination or suspension of Services. A Customer’s account is considered delinquent and customer will be subject to a late payment fee of 1.5% of the outstanding balance per month past due, if payment is not received by NCI within 15 days of date payment is due.

3. Term and Termination.

This Agreement shall be effective immediately upon customer signing a service agreement. The Term Length shall be as described in the Service Agreement and shall commence on the date upon which the Service is made available for use by Customer. NCI may terminate the Agreement and/or cease or suspend the provision of the Service upon default of Customer. Default includes: the failure to pay any amount when due hereunder (after ten (10) days prior notice of such failure to pay); the filing of a petition in bankruptcy by or against Customer; and any material breach of this Agreement including but not limited to violation of NCI’s Acceptable Use Policy “AUP”, a copy of which is available at AUP, or conduct that NCI, in its sole discretion, believes may subject NCI to civil or criminal litigation, charges and/or damages. If NCI has suspended the Service for any reason above, NCI shall require a reconnection fee in order to resume Service and Customer agrees to pay such fee. Termination shall not relieve Customer’s obligation to pay all fees for Service accrued and owing up to and including the date of termination, nor shall it preclude NCI from pursuing any other remedies available to it, at law or in equity. In the event a law or regulatory action prohibits, substantially impairs, or makes impracticable the provision of Service under this Agreement, as determined by NCI, NCI may, at is option and without liability, terminate this Agreement or modify the Service or the terms and conditions of this Agreement in order to conform to such action (“Regulatory Modification”); provided, however, that NCI shall provide sixty (60) days written notice prior to Customer of any such Regulatory Modification, unless NCI determines, in its good faith business judgment, that it is necessary to reduce the foregoing notice period. Use by Customer of the Service after implementation of a Regulatory Modification shall constitute acceptance by Customer of such changes.

4. Rights and Obligations of Customer.

A. Customer represents and warrants that: it has full right and authority to enter into this Agreement;
B. It will not use the Service in any manner which is in violation of any law or governmental regulation, or NCI’s AUP as amended from time to time by NCI, and which is incorporated by reference herein;
C. The “Customer Data” (as hereinafter defined) will not violate or infringe the rights of others, including, without limitation, any patent, copyright, trademark, trade dress, trade secret, privacy, publicity, or other personal or proprietary right
D. The Customer Data will not include indecent or obscene material or constitute a defamation or libel of any third party and will not result in obligation to make payment of any third party and will not result in the obligation to make payment of any third party licensing fees; and

F. It will comply with all relevant export and encryption laws and regulations of the United States. For purposes of this Section 4, “Customer Data” shall mean the text, data, images, sounds, photographs, illustrations, graphics, programs, code and other materials transmitted through the Service hereunder.

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5. Fiber Optic Service

Installation of fiber optic (“fiber”) service may require the installation of a leased fiber/Ethernet switch at the customer’s location. The customer agrees to assume all responsibility for properly maintaining this switch in good working order. Customer further agrees to return this switch in good working order (as determined by NCI) upon termination of their service agreement. If the switch is not returned or NCI determines it is not in good working order, NCI may charge Customer for replacement. Upon expiration of Customer’s initial service agreement period, the service agreement will automatically renew for a 12-month period at currently applicable rates. This automatic renewal will continue annually on the anniversary date of the initial service agreement. Customer may cancel by providing a written notice within 30, but not less than 15 days prior to the renewal date.

6. Single End User Service

Unless specifically stated differently in your contract or Services Agreement, NCI Datacom provides Service only for your private, individual residential or individual business location. This is referred to Single End User Service. This mean that your connection and bandwidth (or other services) cannot be redistributed by any means outside of the residence or business served and the connection cannot be used to provide services to others on the internet including but not limited to email, website, gaming or bitcoin servers or servers of any kind.

Where it is desired, NCI Datacom is very interested in working with customers to provide more than Single End User Services. Please contact us to discuss this type of application and how NCI services can be tailored for this use.

7. Disclaimer of Liability.

The services of NCI are provided “as is.” NCI makes no warranty of any kind, expressed or implied, including but not limited to any warranty of merchantability, fitness for a particular purpose or non-infringement, or any warranty regarding the reliability or suitability for a particular purpose of its services. In no event shall NCI, its affiliates or agents be liable for any direct, indirect, incidental, special, punitive or consequential damages or lost or imputed profits or royalties, lost data or cost of procurement of substitute goods or services arising from or related to the service or this agreement whether for, among other things, breach of warranty of any obligation arising therefrom, and whether liability is asserted in, among other things, contract or tort (including but not limited to negligence and strict product liability) whether or not NCI has been advised of the possibility of any such loss or damage. NCI’s liability hereunder shall in no event exceed the amount equal to the average monthly recurring charge for the service paid to by customer pursuant to this agreement. Customer hereby waives any claim that these exclusions deprive it of an adequate remedy or cause this agreement to fail of its essential purpose.

Customer acknowledges that NCI exercises no control over the quality, validity, nature, content or reliability of the information passing through the network. No oral or written information or advice given by NCI, its dealers, agents or employees shall create a warranty. Use of any information obtained from or through the Services provided by NCI will be at Customers own risk. Customer acknowledges that NCI is not liable for any errors or interruption in the Services, whether within our outside of control of NCI. Under no circumstances shall the customer hold NCI responsible for any form of damages or losses including direct, indirect, consequential or incidental damages of losses suffered from, but not limited to errors, delays, loss of information of interruptions in Services caused by the customer, NCI, or third party’s negligence, fault, misconduct of failure to perform. Customer understands that telecommunication and/or network access Services may be temporarily unavailable for scheduled or unscheduled maintenance and for reasons within or outside of the direct control of NCI.

8. Indemnification.

Customer agrees to defend, indemnify and hold NCI and its affiliate harmless from any and all liabilities, costs and expenses, including reasonable attorneys’ fees, related to or arising from:

A. Any breach of this Agreement by Customer;

B. The use of the Service or the Internet or the placement or transmission of any information, software or other materials on the Internet by Customer, including but not limited to any Customer data;

C. Acts or omissions of Customer, Customer’s agents or contractors in connection with, among other things, the installation, maintenance, presence, use or removal of equipment or software not provided by NCI connected or to be connected to the Service; and

D. Claims for infringement of any third party proprietary right, including copyright, patent, trade secret, and trademark rights, arising from the use of any services, equipment and software not provided by NCI

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9. Injunctive Relief Available.

In the event of a breach or threatened breach of any provision of this Agreement by Customer, Customer agrees that damages to be suffered by NCI will not be fully compensable in money damages alone, and accordingly, NCI shall, in addition to other available legal or equitable remedies, be entitled to an injunction against such breach or threatened breach.

10. Miscellaneous.

This Agreement shall be governed by the laws of the State of Washington with venue in Okanogan County, Washington. Any cause of action Customer may have with respect to the Service must be commenced within one (1) year after the claim or cause of action arises or such claim or cause of action is barred. In any proceeding to enforce the terms of this Agreement, the party prevailing shall be entitled to recover all of its expenses, including, without limitation, reasonable attorney’s fees. In the event that any portion of this Agreement is held to be unenforceable, the unenforceable portion shall be construed as nearly as possible to reflect the original intent of the parties and the remainder of the provisions shall remain in full force and effect. NCI’s failure to insist upon strict performance of any provision of this Agreement shall not be construed as a waiver of any of its rights hereunder. The terms and conditions of its Agreement shall prevail notwithstanding any different or additional terms and conditions of any purchase order or other form for purchase or payment submitted by Customer to NCI. Sections 3, 4, 5, 6, 7, 8 and 9 shall expressly survive termination of this Agreement. NCI is acting as an independent contractor and shall have exclusive control of the manner and means of performing its obligations. NCI will not be responsible for performance of its obligations hereunder where delayed or hindered by, war, riots, embargos, strikes or acts of its vendors or suppliers, accidents, acts of God, or any other event beyond its control. This Agreement, including the AUP (as such AUP may be amended from time to time), and the Service Order, constitutes the entire agreement between Customer and with respect to the Service. These Terms and Conditions contain the entire agreement and understanding concerning the Services and supersede all prior negotiations, discussions and proposed agreements, whether electronic, written or oral. The Terms and Conditions may be modified at any time by NCI and the latest version of the Terms and Conditions may be found here.

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NCI Datacom Residential Subscriber Agreement

The terms of this Residential Subscriber Agreement (the “Agreement”) is made and entered into by and between NCI Datacom LLC dba NCI Datacom (hereinafter referred to as “Company”)and the individual identified in a signed order for services (“Customer”). This Agreement sets forth the terms and conditions that govern the purchase, provision and use of the Services defined in Section 1 below as provided by Company in consideration of the mutual promises and conditions hereinafter described, Customer and Company agree as follows:  

1. Service. This Agreement sets forth the terms and conditions that govern the purchase, provision, and use of internet access services (“Internet”), Voice over IP (“Voice”), multimedia video services transported through internet access services (“IPTV”), and leased equipment (“Equipment”), collectively referred to as the “Service(s).” Customer’s activation, use, continuing to use, or payment for the Services constitutes an acceptance of these terms and agreement to use the Services only for authorized and lawful purposes in compliance with this Agreement and the Acceptable Use Policy (AUP). 
2. Use of Services. The Services are intended for residential use only. Customer is prohibited from reselling the Services to any third party. Customer is liable for all authorized and unauthorized use of the Services at the Service Location.some text
   1. Use of Internet Services. Company will provide Customer the connectivity and equipment necessary to access the internet and no other ancillary security service. Customer understands that it is responsible for procuring its own anti-virus and firewall services. Customer is solely responsible for the security of the Equipment and any other equipment it chooses to use in connection with the Services. Customer’s posting, storage, transmission, or dissemination of any sensitive or confidential information using the Internet Service is done at its sole risk. 
   2. Use of Voice Services. some text
      1. Customer understands and acknowledges that Voice services, including the ability to make calls using 911/E911 are not available if there is a problem with the network facilities including congestion or network outage, if there is an electrical power outage or interruption tothe Service Location and the Equipment does not have a functioningbattery backup, or if the Equipment encounters technical errors. 
      2. Customer agrees to provide the correct Service Location address to ensure 911/E911 calls are properly directed to emergency services. Customer’s relocation of Voice services to a different addressor or another location within the Service Location may cause 911/E911 calls to be directed to the wrong emergency authority, may transmit the wrong address, and/or the Voice services (including 911/E911) may not function properly.
      3. Configurations other than those of the Equipment currently offered by Company are not recommended and Customer acknowledges the use of such configurations are done at its sole risk. 
      4. In the event Customer’s Order, or this Agreement is terminated or suspended, Customer will no longer have access to Voice, including 911/E911.
      5. CUSTOMER ACKNOWLEDGES AND ACCEPTS ANY LIMITATIONS OF 911/E911. CUSTOMER AGREES TO CONVEY THESE LIMITATIONS TO ALL PERSONS WHO MAY PLACE CALLS OVER THE SERVICES.
3. Orders. Customer must submit requests for Service (“Order”) in the form designated by Company. The rates detailed in an Order do not include any taxes or tax-related charges, fees, surcharges, or other amounts assessed by Company which may be incurred in connection with the Services. Upon receipt and acceptance of a fully executed Order, Company will contact Customer to schedule all necessary installation or pre-installation appointments, collect additional installation site information, and provide an estimated installation date. 
4. Leased Equipment. Company will provide the routers and/or modems necessary to provide the Services at the site determined in the Order (“Service Location”). Such Equipment shall remain the property of Company regardless of where installed within a Service Location and shall not be considered a fixture or an addition to the land or the Service Location. Company grants Customer a fully revocable, non-exclusive, limited license to use the equipment in exchange for compliance with the terms of this Agreement and the payment of a monthly lease amount, the fee for which is provided in each Order. some text
   1. Customer shall not move, rearrange, attempt to repair, or otherwise tamper with any Equipment for any purpose other than that authorized by this Agreement, an Order, or under direction of a Company employee. 
   2. Company shall maintain Equipment in good operating condition during the term of the Order; provided however that such maintenance shall be at Company’s expense only to the extent that it is related to and/or resulting from the ordinary and proper use of the Equipment. 
   3. Customer is responsible for damage to, or loss of, Equipment caused by its acts or omissions, noncompliance with this Section 4, allowing others to claim a title of lien or encumbrance that impairs Company’s title, or by fire, theft, or other casualty at the Customer’s Service Location.
5. Maintenance. Company may perform maintenance upon any part of its systems, facilities, network or equipment at any time. Such maintenance will not normally result in Service interruption. In the event such maintenance event is deemed necessary due to a force majeure event, Company will notify Customer of Service Interruption and estimated repair time if practicable. 
6. Access. Customer will ensure that a person over the age of 18 is present during any repair or installation activity on the Customer’s property, such dates and times as are mutually agreed and scheduled by Customer and Company. Customer understands that if no person over the age of 18 is present, Company will reschedule the visit and additional charges may apply. 
7. Term. This contract is valid and enforceable starting on the service connection start date through the first year anniversary thereof (the “Initial Term”). Unless either party provides written notice of non-renewal at least thirty (30) days prior to the expiration of the Initial Term or any subsequent renewal term, this Agreement shall automatically renew on a month-to-month basis until terminated by either party.
8. Billing, Rates, and Payment Terms.some text
   1. Commencement of Billing. Unless otherwise set forth in an Order, Company will deliver an electronic notice to Customer when Service is installed (“Connection Notice”), at which time billing will commence. If Customer notifies Company within 3 days after delivery of the Connection Notice that Service is not functioning properly, Company will correct any deficiencies and, provided that such deficiencies were attributed to Company, upon Customer’s request Company will credit Customer’s account in the amount of 1/30th of the applicable monthly recurring charge for each day the Service did not function properly. If Company cannot complete installation due to Customer delay or inaction, Company may begin charging Customer for the Service, and Customer will pay such charges. 
   2. Rates and Charges. Customer is responsible for any charges associated with the Service and Order, including without limitation: Equipment lease charges, monthly Service charges, charges related to installation, maintenance, delivery, technician visits, changes to an Order affecting amounts due, taxes or tax-related charges, fees, surcharges, or other amounts assessed by Company which may be incurred in connection with the Services. Taxes, tax-related charges, fees, surcharges, or other amounts assessed by Company may change at any time during the Order term. Company may adjust the monthly rates of an Order at any time following the initial term upon 25 days prior written notice. 
   3. Payment. Charges are billed monthly in advance and due no later than 30 days following the date of the invoice. Installation or other non-refundable or one-time charges shall be included as part of the first invoice, unless otherwise determined by Company as detailed in an Order. Company may charge an additional administrative fee for delivery of paper invoices. some text
      1. Company may, in its sole discretion, suspend or terminate an Order at any time following the last day a payment is due. 
      2. Payments made after 30 days will accrue interest at a rate of 1.5% per month, or the highest rate allowed by applicable law in the state in which Service is provided. 
      3. In the event Customer wishes to bring a good faith dispute in relation to amounts invoiced, Customer must remit all undisputed amounts and provide a written explanation detailing the dispute within 30 days of the invoice date. The Parties will cooperate in good faith to resolve any such dispute within 30 days of the due date of the disputed invoice. Disputed amounts determined to be properly invoiced by Company may be subject to the late fees under Section 4(c)(ii) above. 
9. Termination. some text
   1. Customer Termination for Cause. Customer may terminate this Agreement for cause in the event a Company has breached any material provision of this Agreement, provided that written notice of the breach has been delivered to Company and the breach has not been cured within 15 days. 
   2. Company Termination for Cause. Company may immediately terminate this Agreement for cause in the event Customer has breached any material provision of this agreement including, but not limited to: some text
      1. The failure of Customer to pay any non-disputed amounts due within 30 days of the invoice date;
      2. Customer’s breach of any provision of this Agreement or any policy, law, rule or regulation governing the Services;
      3. Customer’s provision of false information regarding its identity, creditworthiness, or its planned use of the Services; or 
      4. If Company deems it necessary to take any reasonable action, in its sole discretion, to protect its property, rights, ability to deliver services, or the delivery of services to existing and potential customers of Company. 
   3. Early Termination Charges. If Customer terminates any Order for reasons other than cause or Company terminates any Order for Cause, Customer will owe charges for early termination of services as follows: some text
      1. If a Connection Notice has been issued, Customer will pay all accrued but unpaid charges incurred through the date of such termination, plus 100% of the remaining monthly charges under the Order term, plus any installation charges. In the event Customer has signed an Order during a promotional period and installation charges were credited, such credit will be reversed and be assessed as part of the total charge to Customer’s account. 
      2. If a Connection Notice has not been issued, Customer will pay the one-time installation charge and no other amount. 
      3. Customer acknowledges and agrees that Company’s damages in the event of early termination are difficult or impossible to determine. The charges identified in this Section 5(c) are intended to establish liquidated damages in the event of termination and not a penalty. 
      4. Customer initiated terminations will occur on the 30th day following the receipt of Customer’s 30 days written notice. Customer may request a termination date later than 30 days, but not sooner. Upon termination, Customer will deliver or allow Company to recover all Equipment within 15 days. Customer’s failure to make reasonable effort to return Equipment may result in an assessment for the replacement cost of such Equipment.
10. Representations and Warranties. EXCEPT AS OTHERWISE EXPRESSLY PROVIDED HEREIN, COMPANY DOES NOT WARRANT THAT THE SERVICES PROVIDED WILL MEET CUSTOMER NEEDS, PERFORM AT A PARTICULAR RATE, OR WILL BE UNINTERRUPTED, ERROR-FREE, SECURE, OR FREE FROM INTERFERENCE, DISABLING CODE OR CONDITIONS, OR THE LIKE. ADVICE OR INFORMATION GIVEN BY COMPANY OR ITS REPRESENTATIVES SHALL NOT CREATE A WARRANTY OF ANY KIND. USE OF THE SERVICES AND TECHNICAL SUPPORT IS AT CUSTOMER’S OWN RISK AND IS NOT WARRANTED EXCEPT AS OTHERWISE EXPRESSLY PROVIDED HEREIN. COMPANY AND ITS THIRD PARTY LICENSORS, PROVIDERS AND SUPPLIERS DISCLAIM, WITH RESPECT TO ALL SERVICES, INCLUDING BUT NOT LIMITED TO ALL EQUIPMENT, SOFTWARE AND SUPPORT, ANY AND ALL REPRESENTATIONS AND WARRANTIES, EXPRESS, IMPLIED OR ARISING BY COURSE OF PERFORMANCE, DEALING, CUSTOM OR TRADE USAGE, INCLUDING BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NONINFRINGEMENT. CUSTOMER AGREES THAT THE SERVICE IS PROVIDED ON AN "AS IS" AND ON AN "AS AVAILABLE" BASIS AND THAT ALL USE, DATA AND INFORMATION TRANSFERRED IN USE OF THE SERVICES IS DONE AT CUSTOMER’S SOLE RISK.
11. Limitation of Liability COMPANY, ITS PARTNERS, REPRESENTATIVES, AFFILIATES, OFFICERS, DIRECTORS, EMPLOYEES, AND AGENTS (collectively “THE COMPANY”) SHALL HAVE NO LIABILITY WHATSOEVER TO CUSTOMER OR ANY THIRD-PARTY FOR ANY CLAIMS, LOSSES, ACTIONS, DAMAGES (INCLUDING ANY PUNITIVE,SPECIAL, CONSEQUENTIAL, INCIDENTAL OR INDIRECT DAMAGES INVLUDING BUT NOT LIMITED TO DAMAGES OF LOST PROFITS OR LOSS OR DAMAGE TO DATA ARISING OUT OF THE USE OR INABILITY TO USE SERVICES, EVEN IF THE PARTIES HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, OR ANY DAMAGES WHATSOEVER DUE TO AN INABILITY TO DIAL 911/E911 USING THE SERVICE(S), AND/OR INABILITY TO ACCESS EMERGENCY SERVICE PERSONNEL, OR (c) ANY CLAIMS AGAINST CUSTOMER BY ANY THIRD PARTY) SUITS, OR PROCEEDINGS ARISING OUT OF OR OTHERWISE RELATING TO THIS AGREEMENT OR ANY THEORY OF LAW OR EQUITY RELATED TO COMPANY’S SALE AND DELIVERY OF SERVICES, COMPANY’S ACTIONS OR INACTIONS REGARDLESS OF NEGLIGENCE, CUSTOMER’S USE OF THE SERVICES, CUSTOMER’S ACTIONS, INACTIONS OR NEGLIGENCE, USE OF APPLICATIONS BY CUSTOMER, ACCESS BY OTHERS TO CUSTOMER’S EQUIPMENT OR LEASED EQUIPMENT, OR THE FAILURE OR DISRUPTION OF SERVICES PROVIDED UNDER THIS AGREEMENT INCLUDING 911/E911 SERVICES. 
12. Force Majeure.  Neither party is liable for any failure of performance if such failure is due to any cause or causes beyond a party’s reasonable control, including without limitation, acts of God, fire, explosion, vandalism, cable cut, adverse weather conditions, governmental action, labor difficulties and supplier failures. Customer’s invocation of this clause shall not relieve Customer of its obligation to pay for any services received. In the event such failure continues for 60 days, either party may terminate the affected portion of the Order without further liability. 
13. Indemnity. Customer agrees to indemnify, defend and hold harmless Company and its partners, representatives, affiliates, officers, directors, employees, and agents of Company from any and all losses or damages arising from any and all claims, liabilities, losses, damages and costs brought by any third party or user of the Services of any kind arising out of Customer’s receipt and use of the Services, a failure or outage of the services (including those related to 911/E911), or any entry by a Company employee, agent, representative or affiliate upon Customer’s property. Such duty to indemnify includes any act, omission, or failure to act, and any violation of any third-party intellectual property right. Customer agrees not to acquiesce to any judgment or enter into any settlement that adversely affects Company’s rights or interests without Company’s prior written consent. 
14. Choice of Law, Venue. This Agreement shall be governed by the laws of the State of Washington and the state and federal courts of King County, without giving effect to any principles of conflicts of law. Customer agrees not to raise, and hereby waives, any objections or defenses based upon venue or forum non-conveniens. Prior to initiating any legal action arising under or relating to this Agreement, the aggrieved party shall provide the other party written notice of a dispute and the Parties shall actively and in good faith negotiate a resolution within 30 days of such notice.
15. Attorney Fees.  In the event of any dispute brought to litigation under this Agreement, the prevailing Party is entitled to reimbursement of its costs and attorneys’ fees (whether incurred at arbitration, at trial or on appeal) from the other Party. 
16. Waivers.  No waiver of any provision, failure to enforce, or unenforced breach of this Agreement by Company shall be effective unless such waiver is given in a signed writing. Any such waiver shall not be construed to be a waiver of any other provision of this Agreement.
17. Use of Name and Trademarks. Neither Party shall use the logo, trademark, or service mark of the other Party without the express written consent of the other Party. Notwithstanding the limitations provided in Section 18 of this Agreement, Company may use Customer’s name as part of standard sales and marketing activities. Company’s use of such information shall not create any representation of product or service endorsement by Customer, and shall not exceed direct sales and marketing activities, customer examples, use-case examples, and subject matter blog posts without prior written consent from Customer. Customer may revoke or limit this Section 17 at any time without affect to any other terms or conditions provided in this Agreement by providing notice to Company pursuant to Section 19.   
18. Confidentiality.  Each Party hereto shall treat all information made available or disclosed to, or developed or obtained by, the other party as the result of or related to this Agreement (“Confidential Information”) as confidential, and shall not disclose or use Confidential Information for the benefit of any person other than Customer and Company, as the case may be; provided the following information shall not be treated as Confidential Information: (a) information that a Party can demonstrate was rightfully in that Party’s possession prior to the date of disclosure by the other Party, (b) information that a Party received from a third party that had a right to make such information available, and (c) information that a Party can demonstrate was independently developed by or on behalf of said Party, provided further, that Customer and Company shall have no obligation with respect to that portion of Confidential Information which is in or enters the public domain through no wrongful act of either Party, or which must be disclosed to others by order of a governmental agency,  legislative body, or a court of competent jurisdiction. If either Party receives a request for Confidential Information from a third party, the Party receiving such notice shall promptly notify the other Party in writing of such request, and if the Party receiving such notice in good faith believes it is obligated to disclose the requested Confidential Information, the other Party shall be given the opportunity to seek judicial or other protection of such Confidential Information, with the cooperation of the Party receiving such notice.
19. Notices. All notices, requests, demands or other communications which are required or may be given pursuant to the terms of this Agreement shall be in writing and shall be deemed to have been duly given (a) on the date of delivery if personally delivered by hand or (b) two days after transmitted if sent by e-mail to the appropriate contact of record; or (c) in the case of notices not specific to a Customer account, when posted to the Company website; or (d) upon the third day after such notice is (i) deposited in the United States mail, if mailed by registered or certified mail, postage prepaid, return receipt requested, (ii) sent by a nationally recognized overnight express courier, or (iii) by facsimile upon written confirmation. Customer is responsible for providing a current mailing address, contact phone, e-mail and facsimile number (if applicable) to Company throughout the term of service. If to Company notices should be sent to:

Address: 626 Okoma Drive Omak Wa 98841

Attn: Customer Service

Email: support@ncidata.com

Telephone No.: (509) 826-0300

1. Changes to this Agreement. Company may change the terms and conditions of this Agreement from time to time. Changes to this Agreement supersede all prior Agreements published to the Company website not otherwise negotiated and mutually executed by the Parties.  Notices are considered given and effective on the date posted on the Company website, or the date Company notifies Customer of changes through any of the following: email, postcard, letter, recorded announcement, message on Customer’s bill, an insert in Customer’s bill, or a call to Customer’s telephone number, whichever occurs first. Customer’s continued use of, or payment for Services for 30 days after notice that any such changes have occurred, including changes in prices, taxes and other surcharges, and/or the terms of this Agreement or any other policy that Company maintains, shall be considered an acceptance of such changes by Customer.
2. Assignment. Customer shall not assign, pledge, transfer or otherwise convey all or any part of the rights and privileges granted by this Agreement in any manner without prior written consent of Company, which consent it will not unreasonably withhold. Any transfer of this Agreement by merger, consolidation or liquidation of Customer shall constitute an assignment for purposes of this Section. 
3. Relationship of Parties. In the performance of its responsibilities hereunder, Customer and Company are, and at all times shall be independent contractors. Neither Customer or Company shall have any power or authority to bind the other Party or to assume or create any obligation or responsibility, express or implied, on behalf or in the name of the other Party, except as expressly authorized under this Agreement, or as expressly authorized in writing by the other Party. 
4. Severability. If any of the terms or conditions in this agreement are duly found to be invalid or unenforceable by a court or government body of competent jurisdiction, the subject terms shall be construed and interpreted as necessary to reflect the intent of the Parties. All other terms and conditions of this agreement shall remain in full force and effect.
5. Entire Agreement. This Agreement, and any addendums, attachments, exhibits, Orders and other documents created or issued by Company for the provision of Services are incorporated herein and constitute the entire agreement between the Parties with respect to its subject matter and supersede all other representations, understandings or agreements that are not expressed herein, whether oral, written or otherwise. Except as otherwise set forth in this Agreement, no amendment to this Agreement shall be valid unless made in writing and signed by both parties.  

NCI Datacom Nokia Residential Subscriber Agreement

The terms of this Residential Subscriber Agreement (the “Agreement”) is made and entered into by and between NCI Datacom LLC dba NCI Datacom (hereinafter referred to as “Company”)and the individual identified in a signed order for services (“Customer”). This Agreement sets forth the terms and conditions that govern the purchase, provision and use of the Services defined in Section 1 below as provided by Company in consideration of the mutual promises and conditions hereinafter described, Customer and Company agree as follows:  

1. Service. This Agreement sets forth the terms and conditions that govern the purchase, provision, and use of internet access services (“Internet”), Voice over IP (“Voice”), multimedia video services transported through internet access services (“IPTV”), and leased equipment (“Equipment”), collectively referred to as the “Service(s).” Customer’s activation, use, continuing to use, or payment for the Services constitutes an acceptance of these terms and agreement to use the Services only for authorized and lawful purposes in compliance with this Agreement and the Acceptable Use Policy (AUP). 
2. Use of Services. The Services are intended for residential use only. Customer is prohibited from reselling the Services to any third party. Customer is liable for all authorized and unauthorized use of the Services at the Service Location.some text
   1. Use of Internet Services. Company will provide Customer the connectivity and equipment necessary to access the internet and no other ancillary security service. Customer understands that it is responsible for procuring its own anti-virus and firewall services. Customer is solely responsible for the security of the Equipment and any other equipment it chooses to use in connection with the Services. Customer’s posting, storage, transmission, or dissemination of any sensitive or confidential information using the Internet Service is done at its sole risk. 
   2. Use of Voice Services. some text
      1. Customer understands and acknowledges that Voice services, including the ability to make calls using 911/E911 are not available if there is a problem with the network facilities including congestion or network outage, if there is an electrical power outage or interruption tothe Service Location and the Equipment does not have a functioningbattery backup, or if the Equipment encounters technical errors. 
      2. Customer agrees to provide the correct Service Location address to ensure 911/E911 calls are properly directed to emergency services. Customer’s relocation of Voice services to a different addressor or another location within the Service Location may cause 911/E911 calls to be directed to the wrong emergency authority, may transmit the wrong address, and/or the Voice services (including 911/E911) may not function properly.
      3. Configurations other than those of the Equipment currently offered by Company are not recommended and Customer acknowledges the use of such configurations are done at its sole risk. 
      4. In the event Customer’s Order, or this Agreement is terminated or suspended, Customer will no longer have access to Voice, including 911/E911.
      5. CUSTOMER ACKNOWLEDGES AND ACCEPTS ANY LIMITATIONS OF 911/E911. CUSTOMER AGREES TO CONVEY THESE LIMITATIONS TO ALL PERSONS WHO MAY PLACE CALLS OVER THE SERVICES.
3. Orders. Customer must submit requests for Service (“Order”) in the form designated by Company. The rates detailed in an Order do not include any taxes or tax-related charges, fees, surcharges, or other amounts assessed by Company which may be incurred in connection with the Services. Upon receipt and acceptance of a fully executed Order, Company will contact Customer to schedule all necessary installation or pre-installation appointments, collect additional installation site information, and provide an estimated installation date. 
4. Leased Equipment. Company will provide the routers and/or modems necessary to provide the Services at the site determined in the Order (“Service Location”). Such Equipment shall remain the property of Company regardless of where installed within a Service Location and shall not be considered a fixture or an addition to the land or the Service Location. Company grants Customer a fully revocable, non-exclusive, limited license to use the equipment in exchange for compliance with the terms of this Agreement and the payment of a monthly lease amount, the fee for which is provided in each Order. some text
   1. Customer shall not move, rearrange, attempt to repair, or otherwise tamper with any Equipment for any purpose other than that authorized by this Agreement, an Order, or under direction of a Company employee. 
   2. Company shall maintain Equipment in good operating condition during the term of the Order; provided however that such maintenance shall be at Company’s expense only to the extent that it is related to and/or resulting from the ordinary and proper use of the Equipment. 
   3. Customer is responsible for damage to, or loss of, Equipment caused by its acts or omissions, noncompliance with this Section 4, allowing others to claim a title of lien or encumbrance that impairs Company’s title, or by fire, theft, or other casualty at the Customer’s Service Location.
5. Maintenance. Company may perform maintenance upon any part of its systems, facilities, network or equipment at any time. Such maintenance will not normally result in Service interruption. In the event such maintenance event is deemed necessary due to a force majeure event, Company will notify Customer of Service Interruption and estimated repair time if practicable. 
6. Access. Customer will ensure that a person over the age of 18 is present during any repair or installation activity on the Customer’s property, such dates and times as are mutually agreed and scheduled by Customer and Company. Customer understands that if no person over the age of 18 is present, Company will reschedule the visit and additional charges may apply. 
7. Term. This contract is valid and enforceable starting on the service connection start date through the first year anniversary thereof (the “Initial Term”). Unless either party provides written notice of non-renewal at least thirty (30) days prior to the expiration of the Initial Term or any subsequent renewal term, this Agreement shall automatically renew on a month-to-month basis until terminated by either party.
8. Billing, Rates, and Payment Terms.some text
   1. Commencement of Billing. Unless otherwise set forth in an Order, Company will deliver an electronic notice to Customer when Service is installed (“Connection Notice”), at which time billing will commence. If Customer notifies Company within 3 days after delivery of the Connection Notice that Service is not functioning properly, Company will correct any deficiencies and, provided that such deficiencies were attributed to Company, upon Customer’s request Company will credit Customer’s account in the amount of 1/30th of the applicable monthly recurring charge for each day the Service did not function properly. If Company cannot complete installation due to Customer delay or inaction, Company may begin charging Customer for the Service, and Customer will pay such charges. 
   2. Rates and Charges. Customer is responsible for any charges associated with the Service and Order, including without limitation: Equipment lease charges, monthly Service charges, charges related to installation, maintenance, delivery, technician visits, changes to an Order affecting amounts due, taxes or tax-related charges, fees, surcharges, or other amounts assessed by Company which may be incurred in connection with the Services. Taxes, tax-related charges, fees, surcharges, or other amounts assessed by Company may change at any time during the Order term. Company may adjust the monthly rates of an Order at any time following the initial term upon 25 days prior written notice. 
   3. Payment. Charges are billed monthly in advance and due no later than 30 days following the date of the invoice. Installation or other non-refundable or one-time charges shall be included as part of the first invoice, unless otherwise determined by Company as detailed in an Order. Company may charge an additional administrative fee for delivery of paper invoices. some text
      1. Company may, in its sole discretion, suspend or terminate an Order at any time following the last day a payment is due. 
      2. Payments made after 30 days will accrue interest at a rate of 1.5% per month, or the highest rate allowed by applicable law in the state in which Service is provided. 
      3. In the event Customer wishes to bring a good faith dispute in relation to amounts invoiced, Customer must remit all undisputed amounts and provide a written explanation detailing the dispute within 30 days of the invoice date. The Parties will cooperate in good faith to resolve any such dispute within 30 days of the due date of the disputed invoice. Disputed amounts determined to be properly invoiced by Company may be subject to the late fees under Section 4(c)(ii) above. 
9. Termination. some text
   1. Customer Termination for Cause. Customer may terminate this Agreement for cause in the event a Company has breached any material provision of this Agreement, provided that written notice of the breach has been delivered to Company and the breach has not been cured within 15 days. 
   2. Company Termination for Cause. Company may immediately terminate this Agreement for cause in the event Customer has breached any material provision of this agreement including, but not limited to: some text
      1. The failure of Customer to pay any non-disputed amounts due within 30 days of the invoice date;
      2. Customer’s breach of any provision of this Agreement or any policy, law, rule or regulation governing the Services;
      3. Customer’s provision of false information regarding its identity, creditworthiness, or its planned use of the Services; or 
      4. If Company deems it necessary to take any reasonable action, in its sole discretion, to protect its property, rights, ability to deliver services, or the delivery of services to existing and potential customers of Company. 
   3. Early Termination Charges. If Customer terminates any Order for reasons other than cause or Company terminates any Order for Cause, Customer will owe charges for early termination of services as follows: some text
      1. If a Connection Notice has been issued, Customer will pay all accrued but unpaid charges incurred through the date of such termination, plus 100% of the remaining monthly charges under the Order term, plus any installation charges. In the event Customer has signed an Order during a promotional period and installation charges were credited, such credit will be reversed and be assessed as part of the total charge to Customer’s account. 
      2. If a Connection Notice has not been issued, Customer will pay the one-time installation charge and no other amount. 
      3. Customer acknowledges and agrees that Company’s damages in the event of early termination are difficult or impossible to determine. The charges identified in this Section 5(c) are intended to establish liquidated damages in the event of termination and not a penalty. 
      4. Customer initiated terminations will occur on the 30th day following the receipt of Customer’s 30 days written notice. Customer may request a termination date later than 30 days, but not sooner. Upon termination, Customer will deliver or allow Company to recover all Equipment within 15 days. Customer’s failure to make reasonable effort to return Equipment may result in an assessment for the replacement cost of such Equipment.
10. Representations and Warranties. EXCEPT AS OTHERWISE EXPRESSLY PROVIDED HEREIN, COMPANY DOES NOT WARRANT THAT THE SERVICES PROVIDED WILL MEET CUSTOMER NEEDS, PERFORM AT A PARTICULAR RATE, OR WILL BE UNINTERRUPTED, ERROR-FREE, SECURE, OR FREE FROM INTERFERENCE, DISABLING CODE OR CONDITIONS, OR THE LIKE. ADVICE OR INFORMATION GIVEN BY COMPANY OR ITS REPRESENTATIVES SHALL NOT CREATE A WARRANTY OF ANY KIND. USE OF THE SERVICES AND TECHNICAL SUPPORT IS AT CUSTOMER’S OWN RISK AND IS NOT WARRANTED EXCEPT AS OTHERWISE EXPRESSLY PROVIDED HEREIN. COMPANY AND ITS THIRD PARTY LICENSORS, PROVIDERS AND SUPPLIERS DISCLAIM, WITH RESPECT TO ALL SERVICES, INCLUDING BUT NOT LIMITED TO ALL EQUIPMENT, SOFTWARE AND SUPPORT, ANY AND ALL REPRESENTATIONS AND WARRANTIES, EXPRESS, IMPLIED OR ARISING BY COURSE OF PERFORMANCE, DEALING, CUSTOM OR TRADE USAGE, INCLUDING BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NONINFRINGEMENT. CUSTOMER AGREES THAT THE SERVICE IS PROVIDED ON AN "AS IS" AND ON AN "AS AVAILABLE" BASIS AND THAT ALL USE, DATA AND INFORMATION TRANSFERRED IN USE OF THE SERVICES IS DONE AT CUSTOMER’S SOLE RISK.
11. Limitation of Liability COMPANY, ITS PARTNERS, REPRESENTATIVES, AFFILIATES, OFFICERS, DIRECTORS, EMPLOYEES, AND AGENTS (collectively “THE COMPANY”) SHALL HAVE NO LIABILITY WHATSOEVER TO CUSTOMER OR ANY THIRD-PARTY FOR ANY CLAIMS, LOSSES, ACTIONS, DAMAGES (INCLUDING ANY PUNITIVE,SPECIAL, CONSEQUENTIAL, INCIDENTAL OR INDIRECT DAMAGES INVLUDING BUT NOT LIMITED TO DAMAGES OF LOST PROFITS OR LOSS OR DAMAGE TO DATA ARISING OUT OF THE USE OR INABILITY TO USE SERVICES, EVEN IF THE PARTIES HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, OR ANY DAMAGES WHATSOEVER DUE TO AN INABILITY TO DIAL 911/E911 USING THE SERVICE(S), AND/OR INABILITY TO ACCESS EMERGENCY SERVICE PERSONNEL, OR (c) ANY CLAIMS AGAINST CUSTOMER BY ANY THIRD PARTY) SUITS, OR PROCEEDINGS ARISING OUT OF OR OTHERWISE RELATING TO THIS AGREEMENT OR ANY THEORY OF LAW OR EQUITY RELATED TO COMPANY’S SALE AND DELIVERY OF SERVICES, COMPANY’S ACTIONS OR INACTIONS REGARDLESS OF NEGLIGENCE, CUSTOMER’S USE OF THE SERVICES, CUSTOMER’S ACTIONS, INACTIONS OR NEGLIGENCE, USE OF APPLICATIONS BY CUSTOMER, ACCESS BY OTHERS TO CUSTOMER’S EQUIPMENT OR LEASED EQUIPMENT, OR THE FAILURE OR DISRUPTION OF SERVICES PROVIDED UNDER THIS AGREEMENT INCLUDING 911/E911 SERVICES. 
12. Force Majeure.  Neither party is liable for any failure of performance if such failure is due to any cause or causes beyond a party’s reasonable control, including without limitation, acts of God, fire, explosion, vandalism, cable cut, adverse weather conditions, governmental action, labor difficulties and supplier failures. Customer’s invocation of this clause shall not relieve Customer of its obligation to pay for any services received. In the event such failure continues for 60 days, either party may terminate the affected portion of the Order without further liability. 
13. Indemnity. Customer agrees to indemnify, defend and hold harmless Company and its partners, representatives, affiliates, officers, directors, employees, and agents of Company from any and all losses or damages arising from any and all claims, liabilities, losses, damages and costs brought by any third party or user of the Services of any kind arising out of Customer’s receipt and use of the Services, a failure or outage of the services (including those related to 911/E911), or any entry by a Company employee, agent, representative or affiliate upon Customer’s property. Such duty to indemnify includes any act, omission, or failure to act, and any violation of any third-party intellectual property right. Customer agrees not to acquiesce to any judgment or enter into any settlement that adversely affects Company’s rights or interests without Company’s prior written consent. 
14. Choice of Law, Venue. This Agreement shall be governed by the laws of the State of Washington and the state and federal courts of King County, without giving effect to any principles of conflicts of law. Customer agrees not to raise, and hereby waives, any objections or defenses based upon venue or forum non-conveniens. Prior to initiating any legal action arising under or relating to this Agreement, the aggrieved party shall provide the other party written notice of a dispute and the Parties shall actively and in good faith negotiate a resolution within 30 days of such notice.
15. Attorney Fees.  In the event of any dispute brought to litigation under this Agreement, the prevailing Party is entitled to reimbursement of its costs and attorneys’ fees (whether incurred at arbitration, at trial or on appeal) from the other Party. 
16. Waivers.  No waiver of any provision, failure to enforce, or unenforced breach of this Agreement by Company shall be effective unless such waiver is given in a signed writing. Any such waiver shall not be construed to be a waiver of any other provision of this Agreement.
17. Use of Name and Trademarks. Neither Party shall use the logo, trademark, or service mark of the other Party without the express written consent of the other Party. Notwithstanding the limitations provided in Section 18 of this Agreement, Company may use Customer’s name as part of standard sales and marketing activities. Company’s use of such information shall not create any representation of product or service endorsement by Customer, and shall not exceed direct sales and marketing activities, customer examples, use-case examples, and subject matter blog posts without prior written consent from Customer. Customer may revoke or limit this Section 17 at any time without affect to any other terms or conditions provided in this Agreement by providing notice to Company pursuant to Section 19.   
18. Confidentiality.  Each Party hereto shall treat all information made available or disclosed to, or developed or obtained by, the other party as the result of or related to this Agreement (“Confidential Information”) as confidential, and shall not disclose or use Confidential Information for the benefit of any person other than Customer and Company, as the case may be; provided the following information shall not be treated as Confidential Information: (a) information that a Party can demonstrate was rightfully in that Party’s possession prior to the date of disclosure by the other Party, (b) information that a Party received from a third party that had a right to make such information available, and (c) information that a Party can demonstrate was independently developed by or on behalf of said Party, provided further, that Customer and Company shall have no obligation with respect to that portion of Confidential Information which is in or enters the public domain through no wrongful act of either Party, or which must be disclosed to others by order of a governmental agency,  legislative body, or a court of competent jurisdiction. If either Party receives a request for Confidential Information from a third party, the Party receiving such notice shall promptly notify the other Party in writing of such request, and if the Party receiving such notice in good faith believes it is obligated to disclose the requested Confidential Information, the other Party shall be given the opportunity to seek judicial or other protection of such Confidential Information, with the cooperation of the Party receiving such notice.
19. Notices. All notices, requests, demands or other communications which are required or may be given pursuant to the terms of this Agreement shall be in writing and shall be deemed to have been duly given (a) on the date of delivery if personally delivered by hand or (b) two days after transmitted if sent by e-mail to the appropriate contact of record; or (c) in the case of notices not specific to a Customer account, when posted to the Company website; or (d) upon the third day after such notice is (i) deposited in the United States mail, if mailed by registered or certified mail, postage prepaid, return receipt requested, (ii) sent by a nationally recognized overnight express courier, or (iii) by facsimile upon written confirmation. Customer is responsible for providing a current mailing address, contact phone, e-mail and facsimile number (if applicable) to Company throughout the term of service. If to Company notices should be sent to:

Address: 626 Okoma Drive Omak Wa 98841

Attn: Customer Service

Email: support@ncidata.com

Telephone No.: (509) 826-0300

1. Changes to this Agreement. Company may change the terms and conditions of this Agreement from time to time. Changes to this Agreement supersede all prior Agreements published to the Company website not otherwise negotiated and mutually executed by the Parties.  Notices are considered given and effective on the date posted on the Company website, or the date Company notifies Customer of changes through any of the following: email, postcard, letter, recorded announcement, message on Customer’s bill, an insert in Customer’s bill, or a call to Customer’s telephone number, whichever occurs first. Customer’s continued use of, or payment for Services for 30 days after notice that any such changes have occurred, including changes in prices, taxes and other surcharges, and/or the terms of this Agreement or any other policy that Company maintains, shall be considered an acceptance of such changes by Customer.
2. Assignment. Customer shall not assign, pledge, transfer or otherwise convey all or any part of the rights and privileges granted by this Agreement in any manner without prior written consent of Company, which consent it will not unreasonably withhold. Any transfer of this Agreement by merger, consolidation or liquidation of Customer shall constitute an assignment for purposes of this Section. 
3. Relationship of Parties. In the performance of its responsibilities hereunder, Customer and Company are, and at all times shall be independent contractors. Neither Customer or Company shall have any power or authority to bind the other Party or to assume or create any obligation or responsibility, express or implied, on behalf or in the name of the other Party, except as expressly authorized under this Agreement, or as expressly authorized in writing by the other Party. 
4. Severability. If any of the terms or conditions in this agreement are duly found to be invalid or unenforceable by a court or government body of competent jurisdiction, the subject terms shall be construed and interpreted as necessary to reflect the intent of the Parties. All other terms and conditions of this agreement shall remain in full force and effect.
5. Entire Agreement. This Agreement, and any addendums, attachments, exhibits, Orders and other documents created or issued by Company for the provision of Services are incorporated herein and constitute the entire agreement between the Parties with respect to its subject matter and supersede all other representations, understandings or agreements that are not expressed herein, whether oral, written or otherwise. Except as otherwise set forth in this Agreement, no amendment to this Agreement shall be valid unless made in writing and signed by both parties.  

NCI Datacom Nokia Business Subscriber Agreement

The terms of this Business Subscriber Agreement (the “Agreement”) is made and entered into by and between NCI Datacom LLC dba NCI Datacom (hereinafter referred to as “Company”)and the individual identified in a signed order for services (“Customer”). This Agreement sets forth the terms and conditions that govern the purchase, provision and use of the Services defined in Section 1 below as provided by Company in consideration of the mutual promises and conditions hereinafter described, Customer and Company agree as follows:  

1. Service. This Agreement sets forth the terms and conditions that govern the purchase, provision, and use of internet access services (“Internet”), Voice over IP (“Voice”), multimedia video services transported through internet access services (“IPTV”), and leased equipment (“Equipment”), collectively referred to as the “Service(s).” Customer’s activation, use, continuing to use, or payment for the Services constitutes an acceptance of these terms and agreement to use the Services only for authorized and lawful purposes in compliance with this Agreement and the Acceptable Use Policy (AUP). 
2. Use of Services. The Services are intended for single location use only. Customer is prohibited from reselling the Services to any third party. Customer is liable for all authorized and unauthorized use of the Services at the Service Location.some text
   1. Use of Internet Services. Company will provide Customer the connectivity and equipment necessary to access the internet and no other ancillary security service. Customer understands that it is responsible for procuring its own anti-virus and firewall services. Customer is solely responsible for the security of the Equipment and any other equipment it chooses to use in connection with the Services. Customer’s posting, storage, transmission, or dissemination of any sensitive or confidential information using the Internet Service is done at its sole risk. 
   2. Use of Voice Services. some text
      1. Customer understands and acknowledges that Voice services, including the ability to make calls using 911/E911 are not available if there is a problem with the network facilities including congestion or network outage, if there is an electrical power outage or interruption tothe Service Location and the Equipment does not have a functioningbattery backup, or if the Equipment encounters technical errors. 
      2. Customer agrees to provide the correct Service Location address to ensure 911/E911 calls are properly directed to emergency services. Customer’s relocation of Voice services to a different addressor or another location within the Service Location may cause 911/E911 calls to be directed to the wrong emergency authority, may transmit the wrong address, and/or the Voice services (including 911/E911) may not function properly.
      3. Configurations other than those of the Equipment currently offered by Company are not recommended and Customer acknowledges the use of such configurations are done at its sole risk. 
      4. In the event Customer’s Order, or this Agreement is terminated or suspended, Customer will no longer have access to Voice, including 911/E911.
      5. CUSTOMER ACKNOWLEDGES AND ACCEPTS ANY LIMITATIONS OF 911/E911. CUSTOMER AGREES TO CONVEY THESE LIMITATIONS TO ALL PERSONS WHO MAY PLACE CALLS OVER THE SERVICES.
3. Orders. Customer must submit requests for Service (“Order”) in the form designated by Company. The rates detailed in an Order do not include any taxes or tax-related charges, fees, surcharges, or other amounts assessed by Company which may be incurred in connection with the Services. Upon receipt and acceptance of a fully executed Order, Company will contact Customer to schedule all necessary installation or pre-installation appointments, collect additional installation site information, and provide an estimated installation date. 
4. Leased Equipment. Company will provide the routers and/or modems necessary to provide the Services at the site determined in the Order (“Service Location”). Such Equipment shall remain the property of Company regardless of where installed within a Service Location and shall not be considered a fixture or an addition to the land or the Service Location. Company grants Customer a fully revocable, non-exclusive, limited license to use the equipment in exchange for compliance with the terms of this Agreement and the payment of a monthly lease amount, the fee for which is provided in each Order. some text
   1. Customer shall not move, rearrange, attempt to repair, or otherwise tamper with any Equipment for any purpose other than that authorized by this Agreement, an Order, or under direction of a Company employee. 
   2. Company shall maintain Equipment in good operating condition during the term of the Order; provided however that such maintenance shall be at Company’s expense only to the extent that it is related to and/or resulting from the ordinary and proper use of the Equipment. 
   3. Customer is responsible for damage to, or loss of, Equipment caused by its acts or omissions, noncompliance with this Section 4, allowing others to claim a title of lien or encumbrance that impairs Company’s title, or by fire, theft, or other casualty at the Customer’s Service Location.
5. Maintenance. Company may perform maintenance upon any part of its systems, facilities, network or equipment at any time. Such maintenance will not normally result in Service interruption. In the event such maintenance event is deemed necessary due to a force majeure event, Company will notify Customer of Service Interruption and estimated repair time if practicable. 
6. Access. Customer will ensure that a person over the age of 18 is present during any repair or installation activity on the Customer’s property, such dates and times as are mutually agreed and scheduled by Customer and Company. Customer understands that if no person over the age of 18 is present, Company will reschedule the visit and additional charges may apply. 
7. Term. This contract is valid and enforceable starting on the service connection start date through the first year anniversary thereof (the “Initial Term”). Unless either party provides written notice of non-renewal at least thirty (30) days prior to the expiration of the Initial Term or any subsequent renewal term, this Agreement shall automatically renew on a month-to-month basis until terminated by either party.
8. Billing, Rates, and Payment Terms.some text
   1. Commencement of Billing. Unless otherwise set forth in an Order, Company will deliver an electronic notice to Customer when Service is installed (“Connection Notice”), at which time billing will commence. If Customer notifies Company within 3 days after delivery of the Connection Notice that Service is not functioning properly, Company will correct any deficiencies and, provided that such deficiencies were attributed to Company, upon Customer’s request Company will credit Customer’s account in the amount of 1/30th of the applicable monthly recurring charge for each day the Service did not function properly. If Company cannot complete installation due to Customer delay or inaction, Company may begin charging Customer for the Service, and Customer will pay such charges. 
   2. Rates and Charges. Customer is responsible for any charges associated with the Service and Order, including without limitation: Equipment lease charges, monthly Service charges, charges related to installation, maintenance, delivery, technician visits, changes to an Order affecting amounts due, taxes or tax-related charges, fees, surcharges, or other amounts assessed by Company which may be incurred in connection with the Services. Taxes, tax-related charges, fees, surcharges, or other amounts assessed by Company may change at any time during the Order term. Company may adjust the monthly rates of an Order at any time following the initial term upon 25 days prior written notice. 
   3. Payment. Charges are billed monthly in advance and due no later than 30 days following the date of the invoice. Installation or other non-refundable or one-time charges shall be included as part of the first invoice, unless otherwise determined by Company as detailed in an Order. Company may charge an additional administrative fee for delivery of paper invoices. some text
      1. Company may, in its sole discretion, suspend or terminate an Order at any time following the last day a payment is due. 
      2. Payments made after 30 days will accrue interest at a rate of 1.5% per month, or the highest rate allowed by applicable law in the state in which Service is provided. 
      3. In the event Customer wishes to bring a good faith dispute in relation to amounts invoiced, Customer must remit all undisputed amounts and provide a written explanation detailing the dispute within 30 days of the invoice date. The Parties will cooperate in good faith to resolve any such dispute within 30 days of the due date of the disputed invoice. Disputed amounts determined to be properly invoiced by Company may be subject to the late fees under Section 4(c)(ii) above. 
9. Termination. some text
   1. Customer Termination for Cause. Customer may terminate this Agreement for cause in the event a Company has breached any material provision of this Agreement, provided that written notice of the breach has been delivered to Company and the breach has not been cured within 15 days. 
   2. Company Termination for Cause. Company may immediately terminate this Agreement for cause in the event Customer has breached any material provision of this agreement including, but not limited to: some text
      1. The failure of Customer to pay any non-disputed amounts due within 30 days of the invoice date;
      2. Customer’s breach of any provision of this Agreement or any policy, law, rule or regulation governing the Services;
      3. Customer’s provision of false information regarding its identity, creditworthiness, or its planned use of the Services; or 
      4. If Company deems it necessary to take any reasonable action, in its sole discretion, to protect its property, rights, ability to deliver services, or the delivery of services to existing and potential customers of Company. 
   3. Early Termination Charges. If Customer terminates any Order for reasons other than cause or Company terminates any Order for Cause, Customer will owe charges for early termination of services as follows: some text
      1. If a Connection Notice has been issued, Customer will pay all accrued but unpaid charges incurred through the date of such termination, plus 100% of the remaining monthly charges under the Order term, plus any installation charges. In the event Customer has signed an Order during a promotional period and installation charges were credited, such credit will be reversed and be assessed as part of the total charge to Customer’s account. 
      2. If a Connection Notice has not been issued, Customer will pay the one-time installation charge and no other amount. 
      3. Customer acknowledges and agrees that Company’s damages in the event of early termination are difficult or impossible to determine. The charges identified in this Section 5(c) are intended to establish liquidated damages in the event of termination and not a penalty. 
      4. Customer initiated terminations will occur on the 30th day following the receipt of Customer’s 30 days written notice. Customer may request a termination date later than 30 days, but not sooner. Upon termination, Customer will deliver or allow Company to recover all Equipment within 15 days. Customer’s failure to make reasonable effort to return Equipment may result in an assessment for the replacement cost of such Equipment.
10. Representations and Warranties. EXCEPT AS OTHERWISE EXPRESSLY PROVIDED HEREIN, COMPANY DOES NOT WARRANT THAT THE SERVICES PROVIDED WILL MEET CUSTOMER NEEDS, PERFORM AT A PARTICULAR RATE, OR WILL BE UNINTERRUPTED, ERROR-FREE, SECURE, OR FREE FROM INTERFERENCE, DISABLING CODE OR CONDITIONS, OR THE LIKE. ADVICE OR INFORMATION GIVEN BY COMPANY OR ITS REPRESENTATIVES SHALL NOT CREATE A WARRANTY OF ANY KIND. USE OF THE SERVICES AND TECHNICAL SUPPORT IS AT CUSTOMER’S OWN RISK AND IS NOT WARRANTED EXCEPT AS OTHERWISE EXPRESSLY PROVIDED HEREIN. COMPANY AND ITS THIRD PARTY LICENSORS, PROVIDERS AND SUPPLIERS DISCLAIM, WITH RESPECT TO ALL SERVICES, INCLUDING BUT NOT LIMITED TO ALL EQUIPMENT, SOFTWARE AND SUPPORT, ANY AND ALL REPRESENTATIONS AND WARRANTIES, EXPRESS, IMPLIED OR ARISING BY COURSE OF PERFORMANCE, DEALING, CUSTOM OR TRADE USAGE, INCLUDING BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NONINFRINGEMENT. CUSTOMER AGREES THAT THE SERVICE IS PROVIDED ON AN "AS IS" AND ON AN "AS AVAILABLE" BASIS AND THAT ALL USE, DATA AND INFORMATION TRANSFERRED IN USE OF THE SERVICES IS DONE AT CUSTOMER’S SOLE RISK.
11. Limitation of Liability COMPANY, ITS PARTNERS, REPRESENTATIVES, AFFILIATES, OFFICERS, DIRECTORS, EMPLOYEES, AND AGENTS (collectively “THE COMPANY”) SHALL HAVE NO LIABILITY WHATSOEVER TO CUSTOMER OR ANY THIRD-PARTY FOR ANY CLAIMS, LOSSES, ACTIONS, DAMAGES (INCLUDING ANY PUNITIVE,SPECIAL, CONSEQUENTIAL, INCIDENTAL OR INDIRECT DAMAGES INVLUDING BUT NOT LIMITED TO DAMAGES OF LOST PROFITS OR LOSS OR DAMAGE TO DATA ARISING OUT OF THE USE OR INABILITY TO USE SERVICES, EVEN IF THE PARTIES HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, OR ANY DAMAGES WHATSOEVER DUE TO AN INABILITY TO DIAL 911/E911 USING THE SERVICE(S), AND/OR INABILITY TO ACCESS EMERGENCY SERVICE PERSONNEL, OR (c) ANY CLAIMS AGAINST CUSTOMER BY ANY THIRD PARTY) SUITS, OR PROCEEDINGS ARISING OUT OF OR OTHERWISE RELATING TO THIS AGREEMENT OR ANY THEORY OF LAW OR EQUITY RELATED TO COMPANY’S SALE AND DELIVERY OF SERVICES, COMPANY’S ACTIONS OR INACTIONS REGARDLESS OF NEGLIGENCE, CUSTOMER’S USE OF THE SERVICES, CUSTOMER’S ACTIONS, INACTIONS OR NEGLIGENCE, USE OF APPLICATIONS BY CUSTOMER, ACCESS BY OTHERS TO CUSTOMER’S EQUIPMENT OR LEASED EQUIPMENT, OR THE FAILURE OR DISRUPTION OF SERVICES PROVIDED UNDER THIS AGREEMENT INCLUDING 911/E911 SERVICES. 
12. Force Majeure.  Neither party is liable for any failure of performance if such failure is due to any cause or causes beyond a party’s reasonable control, including without limitation, acts of God, fire, explosion, vandalism, cable cut, adverse weather conditions, governmental action, labor difficulties and supplier failures. Customer’s invocation of this clause shall not relieve Customer of its obligation to pay for any services received. In the event such failure continues for 60 days, either party may terminate the affected portion of the Order without further liability. 
13. Indemnity. Customer agrees to indemnify, defend and hold harmless Company and its partners, representatives, affiliates, officers, directors, employees, and agents of Company from any and all losses or damages arising from any and all claims, liabilities, losses, damages and costs brought by any third party or user of the Services of any kind arising out of Customer’s receipt and use of the Services, a failure or outage of the services (including those related to 911/E911), or any entry by a Company employee, agent, representative or affiliate upon Customer’s property. Such duty to indemnify includes any act, omission, or failure to act, and any violation of any third-party intellectual property right. Customer agrees not to acquiesce to any judgment or enter into any settlement that adversely affects Company’s rights or interests without Company’s prior written consent. 
14. Choice of Law, Venue. This Agreement shall be governed by the laws of the State of Washington and the state and federal courts of King County, without giving effect to any principles of conflicts of law. Customer agrees not to raise, and hereby waives, any objections or defenses based upon venue or forum non-conveniens. Prior to initiating any legal action arising under or relating to this Agreement, the aggrieved party shall provide the other party written notice of a dispute and the Parties shall actively and in good faith negotiate a resolution within 30 days of such notice.
15. Attorney Fees.  In the event of any dispute brough to litigation under this Agreement, the prevailing Party is entitled to reimbursement of its costs and attorneys’ fees (whether incurred at arbitration, at trial or on appeal) from the other Party. 
16. Waivers.  No waiver of any provision, failure to enforce, or unenforced breach of this Agreement by Company shall be effective unless such waiver is given in a signed writing. Any such waiver shall not be construed to be a waiver of any other provision of this Agreement.
17. Use of Name and Trademarks. Neither Party shall use the logo, trademark, or service mark of the other Party without the express written consent of the other Party. Notwithstanding the limitations provided in Section 18 of this Agreement, Company may use Customer’s name as part of standard sales and marketing activities. Company’s use of such information shall not create any representation of product or service endorsement by Customer, and shall not exceed direct sales and marketing activities, customer examples, use-case examples, and subject matter blog posts without prior written consent from Customer. Customer may revoke or limit this Section 17 at any time without affect to any other terms or conditions provided in this Agreement by providing notice to Company pursuant to Section 19.   
18. Confidentiality.  Each Party hereto shall treat all information made available or disclosed to, or developed or obtained by, the other party as the result of or related to this Agreement (“Confidential Information”) as confidential, and shall not disclose or use Confidential Information for the benefit of any person other than Customer and Company, as the case may be; provided the following information shall not be treated as Confidential Information: (a) information that a Party can demonstrate was rightfully in that Party’s possession prior to the date of disclosure by the other Party, (b) information that a Party received from a third party that had a right to make such information available, and (c) information that a Party can demonstrate was independently developed by or on behalf of said Party, provided further, that Customer and Company shall have no obligation with respect to that portion of Confidential Information which is in or enters the public domain through no wrongful act of either Party, or which must be disclosed to others by order of a governmental agency,  legislative body, or a court of competent jurisdiction. If either Party receives a request for Confidential Information from a third party, the Party receiving such notice shall promptly notify the other Party in writing of such request, and if the Party receiving such notice in good faith believes it is obligated to disclose the requested Confidential Information, the other Party shall be given the opportunity to seek judicial or other protection of such Confidential Information, with the cooperation of the Party receiving such notice.
19. Notices. All notices, requests, demands or other communications which are required or may be given pursuant to the terms of this Agreement shall be in writing and shall be deemed to have been duly given (a) on the date of delivery if personally delivered by hand or (b) two days after transmitted if sent by e-mail to the appropriate contact of record; or (c) in the case of notices not specific to a Customer account, when posted to the Company website; or (d) upon the third day after such notice is (i) deposited in the United States mail, if mailed by registered or certified mail, postage prepaid, return receipt requested, (ii) sent by a nationally recognized overnight express courier, or (iii) by facsimile upon written confirmation. Customer is responsible for providing a current mailing address, contact phone, e-mail and facsimile number (if applicable) to Company throughout the term of service. If to Company notices should be sent to:

Address: 626 Okoma Drive Omak WA 98841

Attn: Customer Service

Email: support@ncidata.com

Telephone No.: (509) 826-0300

1. Changes to this Agreement. Company may change the terms and conditions of this Agreement from time to time. Changes to this Agreement supersede all prior Agreements published to the Company website not otherwise negotiated and mutually executed by the Parties.  Notices are considered given and effective on the date posted on the Company website, or the date Company notifies Customer of changes through any of the following: email, postcard, letter, recorded announcement, message on Customer’s bill, an insert in Customer’s bill, or a call to Customer’s telephone number, whichever occurs first. Customer’s continued use of, or payment for Services for 30 days after notice that any such changes have occurred, including changes in prices, taxes and other surcharges, and/or the terms of this Agreement or any other policy that Company maintains, shall be considered an acceptance of such changes by Customer.
2. Assignment. Customer shall not assign, pledge, transfer or otherwise convey all or any part of the rights and privileges granted by this Agreement in any manner without prior written consent of Company, which consent it will not unreasonably withhold. Any transfer of this Agreement by merger, consolidation or liquidation of Customer shall constitute an assignment for purposes of this Section. 
3. Relationship of Parties. In the performance of its responsibilities hereunder, Customer and Company are, and at all times shall be independent contractors. Neither Customer or Company shall have any power or authority to bind the other Party or to assume or create any obligation or responsibility, express or implied, on behalf or in the name of the other Party, except as expressly authorized under this Agreement, or as expressly authorized in writing by the other Party. 
4. Severability. If any of the terms or conditions in this agreement are duly found to be invalid or unenforceable by a court or government body of competent jurisdiction, the subject terms shall be construed and interpreted as necessary to reflect the intent of the Parties. All other terms and conditions of this agreement shall remain in full force and effect.
5. Entire Agreement. This Agreement, and any addendums, attachments, exhibits, Orders and other documents created or issued by Company for the provision of Services are incorporated herein and constitute the entire agreement between the Parties with respect to its subject matter and supersede all other representations, understandings or agreements that are not expressed herein, whether oral, written or otherwise. Except as otherwise set forth in this Agreement, no amendment to this Agreement shall be valid unless made in writing and signed by both parties.  

NCI Datacom Business Subscriber Agreement

The terms of this Business Subscriber Agreement (the “Agreement”) is made and entered into by and between NCI Datacom LLC dba NCI Datacom (hereinafter referred to as “Company”)and the individual identified in a signed order for services (“Customer”). This Agreement sets forth the terms and conditions that govern the purchase, provision and use of the Services defined in Section 1 below as provided by Company in consideration of the mutual promises and conditions hereinafter described, Customer and Company agree as follows:  

1. Service. This Agreement sets forth the terms and conditions that govern the purchase, provision, and use of internet access services (“Internet”), Voice over IP (“Voice”), multimedia video services transported through internet access services (“IPTV”), and leased equipment (“Equipment”), collectively referred to as the “Service(s).” Customer’s activation, use, continuing to use, or payment for the Services constitutes an acceptance of these terms and agreement to use the Services only for authorized and lawful purposes in compliance with this Agreement and the Acceptable Use Policy (AUP). 
2. Use of Services. The Services are intended for single location use only. Customer is prohibited from reselling the Services to any third party. Customer is liable for all authorized and unauthorized use of the Services at the Service Location.some text
   1. Use of Internet Services. Company will provide Customer the connectivity and equipment necessary to access the internet and no other ancillary security service. Customer understands that it is responsible for procuring its own anti-virus and firewall services. Customer is solely responsible for the security of the Equipment and any other equipment it chooses to use in connection with the Services. Customer’s posting, storage, transmission, or dissemination of any sensitive or confidential information using the Internet Service is done at its sole risk. 
   2. Use of Voice Services. some text
      1. Customer understands and acknowledges that Voice services, including the ability to make calls using 911/E911 are not available if there is a problem with the network facilities including congestion or network outage, if there is an electrical power outage or interruption tothe Service Location and the Equipment does not have a functioningbattery backup, or if the Equipment encounters technical errors. 
      2. Customer agrees to provide the correct Service Location address to ensure 911/E911 calls are properly directed to emergency services. Customer’s relocation of Voice services to a different addressor or another location within the Service Location may cause 911/E911 calls to be directed to the wrong emergency authority, may transmit the wrong address, and/or the Voice services (including 911/E911) may not function properly.
      3. Configurations other than those of the Equipment currently offered by Company are not recommended and Customer acknowledges the use of such configurations are done at its sole risk. 
      4. In the event Customer’s Order, or this Agreement is terminated or suspended, Customer will no longer have access to Voice, including 911/E911.
      5. CUSTOMER ACKNOWLEDGES AND ACCEPTS ANY LIMITATIONS OF 911/E911. CUSTOMER AGREES TO CONVEY THESE LIMITATIONS TO ALL PERSONS WHO MAY PLACE CALLS OVER THE SERVICES.
3. Orders. Customer must submit requests for Service (“Order”) in the form designated by Company. The rates detailed in an Order do not include any taxes or tax-related charges, fees, surcharges, or other amounts assessed by Company which may be incurred in connection with the Services. Upon receipt and acceptance of a fully executed Order, Company will contact Customer to schedule all necessary installation or pre-installation appointments, collect additional installation site information, and provide an estimated installation date. 
4. Leased Equipment. Company will provide the routers and/or modems necessary to provide the Services at the site determined in the Order (“Service Location”). Such Equipment shall remain the property of Company regardless of where installed within a Service Location and shall not be considered a fixture or an addition to the land or the Service Location. Company grants Customer a fully revocable, non-exclusive, limited license to use the equipment in exchange for compliance with the terms of this Agreement and the payment of a monthly lease amount, the fee for which is provided in each Order. some text
   1. Customer shall not move, rearrange, attempt to repair, or otherwise tamper with any Equipment for any purpose other than that authorized by this Agreement, an Order, or under direction of a Company employee. 
   2. Company shall maintain Equipment in good operating condition during the term of the Order; provided however that such maintenance shall be at Company’s expense only to the extent that it is related to and/or resulting from the ordinary and proper use of the Equipment. 
   3. Customer is responsible for damage to, or loss of, Equipment caused by its acts or omissions, noncompliance with this Section 4, allowing others to claim a title of lien or encumbrance that impairs Company’s title, or by fire, theft, or other casualty at the Customer’s Service Location.
5. Maintenance. Company may perform maintenance upon any part of its systems, facilities, network or equipment at any time. Such maintenance will not normally result in Service interruption. In the event such maintenance event is deemed necessary due to a force majeure event, Company will notify Customer of Service Interruption and estimated repair time if practicable. 
6. Access. Customer will ensure that a person over the age of 18 is present during any repair or installation activity on the Customer’s property, such dates and times as are mutually agreed and scheduled by Customer and Company. Customer understands that if no person over the age of 18 is present, Company will reschedule the visit and additional charges may apply. 
7. Term. This contract is valid and enforceable starting on the service connection start date through the first year anniversary thereof (the “Initial Term”). Unless either party provides written notice of non-renewal at least thirty (30) days prior to the expiration of the Initial Term or any subsequent renewal term, this Agreement shall automatically renew on a month-to-month basis until terminated by either party.
8. Billing, Rates, and Payment Terms.some text
   1. Commencement of Billing. Unless otherwise set forth in an Order, Company will deliver an electronic notice to Customer when Service is installed (“Connection Notice”), at which time billing will commence. If Customer notifies Company within 3 days after delivery of the Connection Notice that Service is not functioning properly, Company will correct any deficiencies and, provided that such deficiencies were attributed to Company, upon Customer’s request Company will credit Customer’s account in the amount of 1/30th of the applicable monthly recurring charge for each day the Service did not function properly. If Company cannot complete installation due to Customer delay or inaction, Company may begin charging Customer for the Service, and Customer will pay such charges. 
   2. Rates and Charges. Customer is responsible for any charges associated with the Service and Order, including without limitation: Equipment lease charges, monthly Service charges, charges related to installation, maintenance, delivery, technician visits, changes to an Order affecting amounts due, taxes or tax-related charges, fees, surcharges, or other amounts assessed by Company which may be incurred in connection with the Services. Taxes, tax-related charges, fees, surcharges, or other amounts assessed by Company may change at any time during the Order term. Company may adjust the monthly rates of an Order at any time following the initial term upon 25 days prior written notice. 
   3. Payment. Charges are billed monthly in advance and due no later than 30 days following the date of the invoice. Installation or other non-refundable or one-time charges shall be included as part of the first invoice, unless otherwise determined by Company as detailed in an Order. Company may charge an additional administrative fee for delivery of paper invoices. some text
      1. Company may, in its sole discretion, suspend or terminate an Order at any time following the last day a payment is due. 
      2. Payments made after 30 days will accrue interest at a rate of 1.5% per month, or the highest rate allowed by applicable law in the state in which Service is provided. 
      3. In the event Customer wishes to bring a good faith dispute in relation to amounts invoiced, Customer must remit all undisputed amounts and provide a written explanation detailing the dispute within 30 days of the invoice date. The Parties will cooperate in good faith to resolve any such dispute within 30 days of the due date of the disputed invoice. Disputed amounts determined to be properly invoiced by Company may be subject to the late fees under Section 4(c)(ii) above. 
9. Termination. some text
   1. Customer Termination for Cause. Customer may terminate this Agreement for cause in the event a Company has breached any material provision of this Agreement, provided that written notice of the breach has been delivered to Company and the breach has not been cured within 15 days. 
   2. Company Termination for Cause. Company may immediately terminate this Agreement for cause in the event Customer has breached any material provision of this agreement including, but not limited to: some text
      1. The failure of Customer to pay any non-disputed amounts due within 30 days of the invoice date;
      2. Customer’s breach of any provision of this Agreement or any policy, law, rule or regulation governing the Services;
      3. Customer’s provision of false information regarding its identity, creditworthiness, or its planned use of the Services; or 
      4. If Company deems it necessary to take any reasonable action, in its sole discretion, to protect its property, rights, ability to deliver services, or the delivery of services to existing and potential customers of Company. 
   3. Early Termination Charges. If Customer terminates any Order for reasons other than cause or Company terminates any Order for Cause, Customer will owe charges for early termination of services as follows: some text
      1. If a Connection Notice has been issued, Customer will pay all accrued but unpaid charges incurred through the date of such termination, plus 100% of the remaining monthly charges under the Order term, plus any installation charges. In the event Customer has signed an Order during a promotional period and installation charges were credited, such credit will be reversed and be assessed as part of the total charge to Customer’s account. 
      2. If a Connection Notice has not been issued, Customer will pay the one-time installation charge and no other amount. 
      3. Customer acknowledges and agrees that Company’s damages in the event of early termination are difficult or impossible to determine. The charges identified in this Section 5(c) are intended to establish liquidated damages in the event of termination and not a penalty. 
      4. Customer initiated terminations will occur on the 30th day following the receipt of Customer’s 30 days written notice. Customer may request a termination date later than 30 days, but not sooner. Upon termination, Customer will deliver or allow Company to recover all Equipment within 15 days. Customer’s failure to make reasonable effort to return Equipment may result in an assessment for the replacement cost of such Equipment.
10. Representations and Warranties. EXCEPT AS OTHERWISE EXPRESSLY PROVIDED HEREIN, COMPANY DOES NOT WARRANT THAT THE SERVICES PROVIDED WILL MEET CUSTOMER NEEDS, PERFORM AT A PARTICULAR RATE, OR WILL BE UNINTERRUPTED, ERROR-FREE, SECURE, OR FREE FROM INTERFERENCE, DISABLING CODE OR CONDITIONS, OR THE LIKE. ADVICE OR INFORMATION GIVEN BY COMPANY OR ITS REPRESENTATIVES SHALL NOT CREATE A WARRANTY OF ANY KIND. USE OF THE SERVICES AND TECHNICAL SUPPORT IS AT CUSTOMER’S OWN RISK AND IS NOT WARRANTED EXCEPT AS OTHERWISE EXPRESSLY PROVIDED HEREIN. COMPANY AND ITS THIRD PARTY LICENSORS, PROVIDERS AND SUPPLIERS DISCLAIM, WITH RESPECT TO ALL SERVICES, INCLUDING BUT NOT LIMITED TO ALL EQUIPMENT, SOFTWARE AND SUPPORT, ANY AND ALL REPRESENTATIONS AND WARRANTIES, EXPRESS, IMPLIED OR ARISING BY COURSE OF PERFORMANCE, DEALING, CUSTOM OR TRADE USAGE, INCLUDING BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NONINFRINGEMENT. CUSTOMER AGREES THAT THE SERVICE IS PROVIDED ON AN "AS IS" AND ON AN "AS AVAILABLE" BASIS AND THAT ALL USE, DATA AND INFORMATION TRANSFERRED IN USE OF THE SERVICES IS DONE AT CUSTOMER’S SOLE RISK.
11. Limitation of Liability COMPANY, ITS PARTNERS, REPRESENTATIVES, AFFILIATES, OFFICERS, DIRECTORS, EMPLOYEES, AND AGENTS (collectively “THE COMPANY”) SHALL HAVE NO LIABILITY WHATSOEVER TO CUSTOMER OR ANY THIRD-PARTY FOR ANY CLAIMS, LOSSES, ACTIONS, DAMAGES (INCLUDING ANY PUNITIVE,SPECIAL, CONSEQUENTIAL, INCIDENTAL OR INDIRECT DAMAGES INVLUDING BUT NOT LIMITED TO DAMAGES OF LOST PROFITS OR LOSS OR DAMAGE TO DATA ARISING OUT OF THE USE OR INABILITY TO USE SERVICES, EVEN IF THE PARTIES HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, OR ANY DAMAGES WHATSOEVER DUE TO AN INABILITY TO DIAL 911/E911 USING THE SERVICE(S), AND/OR INABILITY TO ACCESS EMERGENCY SERVICE PERSONNEL, OR (c) ANY CLAIMS AGAINST CUSTOMER BY ANY THIRD PARTY) SUITS, OR PROCEEDINGS ARISING OUT OF OR OTHERWISE RELATING TO THIS AGREEMENT OR ANY THEORY OF LAW OR EQUITY RELATED TO COMPANY’S SALE AND DELIVERY OF SERVICES, COMPANY’S ACTIONS OR INACTIONS REGARDLESS OF NEGLIGENCE, CUSTOMER’S USE OF THE SERVICES, CUSTOMER’S ACTIONS, INACTIONS OR NEGLIGENCE, USE OF APPLICATIONS BY CUSTOMER, ACCESS BY OTHERS TO CUSTOMER’S EQUIPMENT OR LEASED EQUIPMENT, OR THE FAILURE OR DISRUPTION OF SERVICES PROVIDED UNDER THIS AGREEMENT INCLUDING 911/E911 SERVICES. 
12. Force Majeure.  Neither party is liable for any failure of performance if such failure is due to any cause or causes beyond a party’s reasonable control, including without limitation, acts of God, fire, explosion, vandalism, cable cut, adverse weather conditions, governmental action, labor difficulties and supplier failures. Customer’s invocation of this clause shall not relieve Customer of its obligation to pay for any services received. In the event such failure continues for 60 days, either party may terminate the affected portion of the Order without further liability. 
13. Indemnity. Customer agrees to indemnify, defend and hold harmless Company and its partners, representatives, affiliates, officers, directors, employees, and agents of Company from any and all losses or damages arising from any and all claims, liabilities, losses, damages and costs brought by any third party or user of the Services of any kind arising out of Customer’s receipt and use of the Services, a failure or outage of the services (including those related to 911/E911), or any entry by a Company employee, agent, representative or affiliate upon Customer’s property. Such duty to indemnify includes any act, omission, or failure to act, and any violation of any third-party intellectual property right. Customer agrees not to acquiesce to any judgment or enter into any settlement that adversely affects Company’s rights or interests without Company’s prior written consent. 
14. Choice of Law, Venue. This Agreement shall be governed by the laws of the State of Washington and the state and federal courts of King County, without giving effect to any principles of conflicts of law. Customer agrees not to raise, and hereby waives, any objections or defenses based upon venue or forum non-conveniens. Prior to initiating any legal action arising under or relating to this Agreement, the aggrieved party shall provide the other party written notice of a dispute and the Parties shall actively and in good faith negotiate a resolution within 30 days of such notice.
15. Attorney Fees.  In the event of any dispute brough to litigation under this Agreement, the prevailing Party is entitled to reimbursement of its costs and attorneys’ fees (whether incurred at arbitration, at trial or on appeal) from the other Party. 
16. Waivers.  No waiver of any provision, failure to enforce, or unenforced breach of this Agreement by Company shall be effective unless such waiver is given in a signed writing. Any such waiver shall not be construed to be a waiver of any other provision of this Agreement.
17. Use of Name and Trademarks. Neither Party shall use the logo, trademark, or service mark of the other Party without the express written consent of the other Party. Notwithstanding the limitations provided in Section 18 of this Agreement, Company may use Customer’s name as part of standard sales and marketing activities. Company’s use of such information shall not create any representation of product or service endorsement by Customer, and shall not exceed direct sales and marketing activities, customer examples, use-case examples, and subject matter blog posts without prior written consent from Customer. Customer may revoke or limit this Section 17 at any time without affect to any other terms or conditions provided in this Agreement by providing notice to Company pursuant to Section 19.   
18. Confidentiality.  Each Party hereto shall treat all information made available or disclosed to, or developed or obtained by, the other party as the result of or related to this Agreement (“Confidential Information”) as confidential, and shall not disclose or use Confidential Information for the benefit of any person other than Customer and Company, as the case may be; provided the following information shall not be treated as Confidential Information: (a) information that a Party can demonstrate was rightfully in that Party’s possession prior to the date of disclosure by the other Party, (b) information that a Party received from a third party that had a right to make such information available, and (c) information that a Party can demonstrate was independently developed by or on behalf of said Party, provided further, that Customer and Company shall have no obligation with respect to that portion of Confidential Information which is in or enters the public domain through no wrongful act of either Party, or which must be disclosed to others by order of a governmental agency,  legislative body, or a court of competent jurisdiction. If either Party receives a request for Confidential Information from a third party, the Party receiving such notice shall promptly notify the other Party in writing of such request, and if the Party receiving such notice in good faith believes it is obligated to disclose the requested Confidential Information, the other Party shall be given the opportunity to seek judicial or other protection of such Confidential Information, with the cooperation of the Party receiving such notice.
19. Notices. All notices, requests, demands or other communications which are required or may be given pursuant to the terms of this Agreement shall be in writing and shall be deemed to have been duly given (a) on the date of delivery if personally delivered by hand or (b) two days after transmitted if sent by e-mail to the appropriate contact of record; or (c) in the case of notices not specific to a Customer account, when posted to the Company website; or (d) upon the third day after such notice is (i) deposited in the United States mail, if mailed by registered or certified mail, postage prepaid, return receipt requested, (ii) sent by a nationally recognized overnight express courier, or (iii) by facsimile upon written confirmation. Customer is responsible for providing a current mailing address, contact phone, e-mail and facsimile number (if applicable) to Company throughout the term of service. If to Company notices should be sent to:

Address: 626 Okoma Drive Omak WA 98841

Attn: Customer Service

Email: support@ncidata.com

Telephone No.: (509) 826-0300

1. Changes to this Agreement. Company may change the terms and conditions of this Agreement from time to time. Changes to this Agreement supersede all prior Agreements published to the Company website not otherwise negotiated and mutually executed by the Parties.  Notices are considered given and effective on the date posted on the Company website, or the date Company notifies Customer of changes through any of the following: email, postcard, letter, recorded announcement, message on Customer’s bill, an insert in Customer’s bill, or a call to Customer’s telephone number, whichever occurs first. Customer’s continued use of, or payment for Services for 30 days after notice that any such changes have occurred, including changes in prices, taxes and other surcharges, and/or the terms of this Agreement or any other policy that Company maintains, shall be considered an acceptance of such changes by Customer.
2. Assignment. Customer shall not assign, pledge, transfer or otherwise convey all or any part of the rights and privileges granted by this Agreement in any manner without prior written consent of Company, which consent it will not unreasonably withhold. Any transfer of this Agreement by merger, consolidation or liquidation of Customer shall constitute an assignment for purposes of this Section. 
3. Relationship of Parties. In the performance of its responsibilities hereunder, Customer and Company are, and at all times shall be independent contractors. Neither Customer or Company shall have any power or authority to bind the other Party or to assume or create any obligation or responsibility, express or implied, on behalf or in the name of the other Party, except as expressly authorized under this Agreement, or as expressly authorized in writing by the other Party. 
4. Severability. If any of the terms or conditions in this agreement are duly found to be invalid or unenforceable by a court or government body of competent jurisdiction, the subject terms shall be construed and interpreted as necessary to reflect the intent of the Parties. All other terms and conditions of this agreement shall remain in full force and effect.
5. Entire Agreement. This Agreement, and any addendums, attachments, exhibits, Orders and other documents created or issued by Company for the provision of Services are incorporated herein and constitute the entire agreement between the Parties with respect to its subject matter and supersede all other representations, understandings or agreements that are not expressed herein, whether oral, written or otherwise. Except as otherwise set forth in this Agreement, no amendment to this Agreement shall be valid unless made in writing and signed by both parties.  

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