Terms, Conditions, Acceptable Usage

TERMS AND CONDITIONS

This Agreement is made between the provider NUQ Networks, LLC, 1351 E. Napier Ave, Benton Harbor, MI 49022, and the Customer identified below. NUQ Networks' services and facilities are provided on the terms and conditions contained herein. Customers and any person using any NUQ Networks services or facilities accept these terms and conditions and agree to be bound by them.

  1. 1. Acknowledgement: Customer acknowledges and understands that Customer is to receive the services detailed in this Agreement and the Customer is not relying on any affirmation of fact, promise, or description from any person or entity, nor another other oral or written representation other than what is contained in this Agreement. 
  2. 2. Billing and Payment: NUQ Networks shall bill Customer for services rendered at the rates stated herein. Invoices include all applicable taxes, service charges, fees and surcharges. NUQ Networks shall commence billing immediately unless product ordered requires additional installation time. First and second month payments are billed upon service installation and are due within thirty (30) days of the invoice date. Where applicable, service charges for the first partial month of the service will be pro-rated and billed. Past due accounts will be charged a late fee of $5.00 per month on any unpaid past due balance. Delinquent accounts are subject to immediate termination or suspension of services at the sole discretion of NUQ Networks. Customer may reinstate services suspended due to nonpayment by paying NUQ Networks within 30 days from date suspension commences, a Service Reinstatement Fee, plus all outstanding amounts due including cost of service that would have been provided during the period of suspension. If the Customer does not choose to reinstate service within 30 calendar days, NUQ Networks will deactivate the service without further notice and any applicable Early Termination Fee or other Fees will become immediately due and payable. 
  3. 3. Termination: NUQ Networks may terminate services immediately upon violation of any term of this Agreement or the Acceptable Use Policy. Upon NUQ Networks' discontinuance of service for such violation, NUQ Networks shall, in addition to all other remedies available to NUQ Networks at law or in equity, asses and collect from Customer any applicable Early Termination Fee. 
  4. 4. Under the Age of 18: If you are under the age of 18 then a parent or guardian must also read and sign this General Terms and Conditions document. 
  5. 5. Account Changes and Cancellations: All account changes, including adding or canceling services, must be submitted in writing either by fax, e-mail, or mailed to our administrative office (see below for location information). 
  6. 6. Acceptable Use Policy: Customer and all of its employees shall abide by the terms of the Acceptable Use Policy and incorporated herein by reference. NUQ Networks may immediately terminate services for violation of this policy at any time without giving Customer any advance notice. Reselling the Services without NUQ Networks' express written authorization is prohibited by the terms of the Acceptable Usage Policy. 
  7. 7. Liability and Warranty Disclaimer: Customer recognizes that NUQ Networks cannot control the content transmitted on its network and the Internet and that communications on the Internet may not be secure and may be subject to interception and loss. NUQ Networks disclaims liability for, and Customer hereby releases NUQ Networks from, all damages (such as business losses, liabilities, costs, attorney's fees and expenses) incurred by Customer arising out of or relating to use of NUQ Networks services. Except for the service level credit commitment specifically provided for herein, NUQ Networks services are provided "AS IS" without any representations or warranties either expressed or implied. NUQ NETWORKS HEREBY EXPRESSLY DISCLAIMS ALL IMPLIED WARRANTIES INCLUDING WARRANTIED OR MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE. 
  8. 8. Indemnity: Customer shall indemnify and hold harmless NUQ Networks from and against any loss, cost, claim, liability, damage, or expense (including reasonable attorney's fees) to third parties, relating to or arising from the use of NUQ Networks' services by Customer or any of their personnel, whether or not Customer has knowledge of or has authorized such access to use, including, without limitation, claim for libel, slander, invasion of privacy, infringement of copyright, patent infringement (where Customer or User has used, connected, or combined the Service with the products or services of others), negligence, or tortuous behavior. Customer agrees to indemnify NUQ Networks along with any parties from whom NUQ Networks obtains network services, and to hold them harmless from any claims resulting from the use NUQ Networks' services by Customer that damage another party of violate the law. 
  9. 9. Miscellaneous: This Agreement shall be governed by, construed under, and enforced in accordance with the laws of the state of Michigan without reference to its choice of law principles. For any action or suit to enforce any right or remedy of this Agreement, (except for actions to enter or collect on judgments) the parties consent to exclusive jurisdiction and venue in the courts for Berrien County, Michigan and the prevailing party shall be entitle to recover its costs, including reasonable attorney's fees. In the event of a conflict between this Agreement and any applicable tariff, the tariff shall prevail. NUQ Networks may amend the terms and conditions of this Agreement by giving Customer 30 days' prior notice via publication on the NUQ Networks web site. NUQ Networks may assign this Agreement by providing written notice to Customer, but Customer may not assign this Agreement without NUQ Networks' prior written consent that shall not be unreasonably withheld. NUQ Networks reserves the right, exercisable in its sole discretion, to expand or reconfigure its service areas and to discontinue any services upon 30 days notice by e-mail or otherwise. This Agreement shall be binding on the parties hereto and their respective personal and legal representatives, successors, and permitted assigns. If any provision of this Agreement is held to be invalid or unenforceable, the validity and enforceability of the remaining provisions of this Agreement shall not be affected thereby.

In all of these matters, decisions by NUQ Networks staff are final. This policy covers all accounts that are not otherwise regulated by a specific Terms & Conditions (such as DSL and T-1). NUQ Networks, LLC reserves the right to revise and make additions to policy on an as needed basis. For more information about this policy please call 888-926-4242 or e-mail This email address is being protected from spambots. You need JavaScript enabled to view it.. These rules apply to all accounts unless a written contract by an authorized representative specifically modifies one or more points of this document. In such a case, all rules not specifically amended still apply.

Refer all questions to:
NUQ Networks, LLC
1351 E. Napier Ave.
Benton Harbor, MI 49022
269-757-0025


ACCEPTABLE USE POLICY

 

NUQ Networks' Acceptable Use Policy ("AUP") is designed to enhance the on-line experience of all Internet users by fostering the free flow of information and ideas over the Internet while prohibiting unacceptable use. This AUP contains the terms and conditions for use of NUQ Networks' Internet service (the "Services") and may be modified at any time effective upon notice. All users of the Services must comply with this AUP as modified from time to time, and by accessing or using the Services you agree to be bound by this AUP as modified.

Under normal circumstances NUQ Networks does not actively monitor users of the Services. Nor does it edit or otherwise control the content of any Web site, electronic mail transmission, news group, or other material developed or accessible with use of or through the Services, except for certain proprietary Web sites. But, in accordance with the NUQ Networks Service Agreement, NUQ Networks may remove any materials which NUQ Networks, in its sole discretion, determines are in violation of this AUP, are illegal, subject to NUQ Networks liability, or are otherwise offensive or inappropriate. In addition, in cooperation with governmental authorities or third parties, NUQ Networks may investigate any suspected or alleged crime or civil wrong committed with use if the Services. Customers must follow this AUP in conjunction with the NUQ Networks' Services Agreement and other applicable policies.

Violations
Violations of this AUP include, without limitations, the following:

  • General illegal use: Using the Services or facilities in a way that violates any applicable law or regulation. 
  • Canceling messages of other users: Using the Services to cancel another's message, except that a user may cancel postings forged in that user's name. We may cancel any postings that violate this AUP. 
  • Collecting personal data: Using the Services to collect, or attempt to collect, personal information about third parties without their knowledge or consent. 
  • Disrupting NUQ Networks services or facilities: Using the Services or facilities for any activity that adversely affects the ability of other people or systems to use the Services or the Internet. This includes "denial of service" attacks against another network host or individual user. Interference with or distribution of other network users, network services, or network equipment is prohibited. It is the customer's responsibility to ensure that their network is configured in a secure manner. 
  • Theft of Services: You may not, by any method or design, circumvent NUQ Networks security measures in order to make use of services that have not been paid for. 
  • Exceeding Allotted Web Site Size and Traffic Limitations: If a customer site exceeds its allotted size or monthly allotment of traffic, the site will become unavailable until the beginning of the next calendar month. Such unavailability may include, but will not be limited to, the inability to access the site publicly or to post or modify the site's contents. 
  • Forgery, impersonation, or fraud: Adding, removing, or modifying identifying network header information in an effort to deceive or mislead is prohibited. Attempting to impersonate any person by using forged headers or other identifying information is prohibited. Using deliberately misleading headers in news postings in order to avoid spam e-mail address collectors is not allowed. Using the Services to make fraudulent offers to sell or buy products, items, or services or to advance any type of financial scam such as a pyramid scheme or chain letter is prohibited. 
  • Hate speech, harassment, threats, or harm to minors: Using the Services to post or transmit e-mail or material that's is hateful, harassing, threatens physical violence or the destruction of property, or harms or attempts to harm minors in any way is strictly prohibited. 
  • Infringing intellectual property: Using the Services to transmit any material (by e-mail, uploading, posting, or otherwise) that infringes any copyright, trademark, patent, trade secret, or other proprietary rights of any third party, including, but not limited to, the unauthorized copying of copyrighted material, the digitization and distribution of photographs from magazine, books, music, or other copyrighted sources, and the unauthorized transmittal of copyrighted software is prohibited. 
  • Misuse of Usenet group: NUQ Networks Customers should comply with published guidelines, FAQs, or community standards describing appropriate and inappropriate Usenet group participation and postings. The continued posting of inappropriate of off-topic articles in a newsgroup is prohibited. Many newsgroups consider commercial advertisements off-topic. Before posting to any newsgroup, please familiarize yourself with basic Usenet netiquette. NUQ Networks considers multi-posting to 10 or more groups within any two week period to be excessive. 
  • Reselling of Services: Reselling the Services without NUQ Networks express written consent is strictly prohibited. 
  • Sharing accounts: Sharing a customer's account with another party for purposes of avoiding payment for a second account is strictly prohibited. Moreover, if you share your account with another party, you agree to be held accountable for their actions. 
  • Unauthorized access: Using the Services to access, or to attempt to access, the accounts of others; to port scan; or to penetrate, or attempt to penetrate, security measures of NUQ Networks' or another entity's computer software or hardware, electronic communication system, or telecommunications system, whether or not the intrusion results in corruption or loss of data. 
  • Unsolicited commercial or bulk e-mail/SPAM: Using the Services to transmit any unsolicited commercial e-mail or unsolicited bulk e-mail is prohibited. Also, if your system or systems, due to improper configuration or security leak, allow other users to spam then your Service will be discontinued until such time as the problem is resolved. If the problem is not resolved then NUQ Networks reserves the right to cancel your account without notice. 
  • Camping: NUQ Networks does offer unmetered dialup accounts, however users are not expected nor allowed to stay connected 24/7 (the act of staying connected is referred to as "camping"). Unmetered means that there will be no additional charges placed on the customer for using the network in excess of a set number of consecutive hours. If NUQ Networks staff determines that a user is "camping" on the Network excessively then that user's connection will be dropped in order to allow other users access to the system. If a connection lasts more than twenty (20) minutes with no traffic in or out then the connection will be dropped. Repeated camping violations will result in timed bans which will disallow a user to connect. Continuous camping violations will results in account termination. 
  • Personal Web Space: Users are allowed to place their own web page on the NUQ Networks network for access by other users locally and globally. Personal users, however, are not allowed to use their web space for business or commercial use. Web services for commercial use are available; please contact NUQ Networks for more information.

Reporting Violations
NUQ Networks, LLC requests that anyone who believes that there has been a violation of this AUP report the allege violation to us at This email address is being protected from spambots. You need JavaScript enabled to view it..

Please submit the following information to report a violation of the AUP:

  • The IP address used to commit the alleged violation.
  • The date and time of the alleged violation, including the time zone or offset from Greenwich Mean Time (GMT).
  • Evidence of the alleged violation.

To submit a Notice of Copyright Infringement please see our Copyright Infringement Policy and notification requirements and procedures at legal notices.

Consequences of Violating the AUP
It is NUQ Networks' goal to provide quality service for all users, including users of the other service providers and their associated networks. Accordingly, NUQ Networks reserves the right to modify or disable (or both) a user's service any time that the user violates the AUP or such a violation is reported.

NUQ Networks will not reimburse Customers whose services are suspended or disabled due to any of the reasons listed above. In the event that your account should become suspended or terminated, you will still be responsible for all charges to your account, including, but no limited to, hardware changes, installation fees, and other early termination fees.

Indemnifying NUQ Networks for AUP Violation
All users of the Service agree to indemnify, waive and hold NUQ Networks, its officers, directors, members, employees, agents, subsidiaries, and affiliates harmless from any and all claims and expense related to the user's violation of this agreement, including any abusive or unlawful behavior on the part of the user or anyone using the user's account, or the infringement of any intellectual property or privacy rights of any person or entity. This means that you cannot sue or recover damages whatsoever from NUQ Networks as a result of NUQ Networks' decision to remove material from its servers, warn you, suspend or terminate your account or take any other action during the investigation of a suspected violation or as a result of NUQ Networks' conclusion that a violation has occurred.

In all of these matters, decisions by NUQ Networks staff are final. This policy covers all NUQ Networks account types. In the event that a specific package type (such as DSL, T-1, or Wireless) has a separate Terms and Conditions then that document takes precedence. NUQ Networks, LLC reserves the right to revise and make additions to policy on an as needed basis. For more information about this policy please call 888-926-4242 or e-mail This email address is being protected from spambots. You need JavaScript enabled to view it.. These rules apply to all accounts unless a written contract by an authorized representative specifically modifies one or more points of this document. In such a case, all rules not specifically amended still apply.

Refer all questions to:
NUQ Networks, LLC
1351 E Napier Ave.
Benton Harbor, MI 49022
269-757-0025