EULA Terms and Conditions

Revised and Effective: August 17, 2020

1. About the Web Services Terms of Service and Northcentral Connect Web Services

Within these Web Services Terms of Service (“Terms”) the term “Northcentral Connect”, “Northcentral Electric Cooperative”, or “we” (and related pronouns) will refer to Northcentral Connect and its respective subsidiaries and affiliates that own and operate websites and Internet services on its behalf. The term “you” (and related pronouns) refers to you as a user of Northcentral Connects websites and Internet services described below.

NOTE: THESE TERMS CONTAIN A BINDING ARBITRATION PROVISION IN SECTION 19 THAT AFFECTS YOUR RIGHTS UNDER THESE TERMS WITH RESPECT TO ALL OF THE NORTHCENTRAL CONNECT WEB SERVICES. THE ARBITRATION PROVISION REQUIRES THAT DISPUTES BE RESOLVED IN INDIVIDUAL BINDING ARBITRATIONS OR SMALL CLAIMS COURT PROCEEDINGS. IN ARBITRATION, THERE IS NO JUDGE OR JURY AND THERE IS LESS DISCOVERY AND APPELLATE REVIEW THAN IN COURT.

These Terms set forth the terms and conditions through which Northcentral Connect will permit you to use these Northcentral Connect-owned and operated websites and services:

•              Northcentral Connect-branded websites and web services that link to these Terms, such as: northcentralconnect.net and northcentralconnect.com, northcentralelectric.com, northcentralepa.com, excluding certain co-branded websites and web services provided by third parties through contractual arrangements with Northcentral Connect, as further described below ( (the “Northcentral Connect Sites”);

•              all mobile applications provided by Northcentral Connect that link to these Terms (such as NConnect Smart Hub and Northcentral Electric Cooperative iOS and Android applications) (the “Northcentral Connect Apps”); and

•              Northcentral Connect Wi-Fi services, if you are not a Northcentral Connect subscriber or you are a Northcentral Connect subscriber, but your subscription does not include access to Northcentral Connect Wi-Fi; and

•              if you are not a Northcentral Connect Internet or Northcentral Connect Voice subscriber (collectively, items (1) through (5) are referred to as the “Northcentral Connect Web Services”).

Some of the Northcentral Connect Web Services contain links to other websites, including websites of third parties who are acting on our behalf as our agents, suppliers, or providers. These other websites are not operated by Northcentral Connect and have their own terms of service that you should read before you use them. Other sites that we link to may contain Northcentral Connect branding or co-branding, but these non-Northcentral Connect websites and resources are provided by parties other than Northcentral Connect. These Terms do not apply to those non-Northcentral Connect sites. You acknowledge and agree that Northcentral Connect is not responsible for (i) the availability of any of these non-Northcentral Connect websites or resources, and does not endorse any advertising, products or other materials on or available from these websites or resources, and (ii) for any loss or damage which may be incurred by you as a result of the availability of those websites or resources, or as a result of any reliance placed by you on the completeness, accuracy or existence of any advertising, products or other materials on, or available from, these websites or resources.

2. Accepting the Terms

For you to use any of the Northcentral Connect Web Services, you must first accept these Terms and the Northcentral Connect End User License. You can accept these Terms and the Northcentral Connect End User License by:

1.             Signing in or checking a box next to “By signing in, you agree to these Terms of Service and Privacy Policy” (or similar language); or

2.             Using any of the Northcentral Connect Web Services, in which case you understand and agree that these Terms and the Northcentral Connect End User License will apply to your use of those services (or any parts of them) (the earlier of the dates you checked such box or first used the Northcentral Connect Web Services, the “Effective Date”).

You may wish to print or save a local copy of the Terms and the Northcentral Connect End User License for your records.

3. Registration

In order for us to service your account or to collect any amounts you may owe or to use certain Northcentral Connect Web Services you are required to provide information about yourself (such as identification or contact details). You agree that any registration information you give to Northcentral Connect will be accurate, complete, and current. You will notify Northcentral Connect immediately of any changes to any of the foregoing information. You are responsible for updating your contact information such as phone number and email address, so that if you use any of the account management features of the Northcentral Connect Web Services, such as online bill pay, Northcentral Connect can send you notices relating to these features, such as notice that your online bill has posted. If your email address is not current, you will not receive online bill postings; however, your payment due date will remain unchanged. We or any person or entity designated by us may contact you by telephone, at any telephone number associated with your account, including wireless telephone numbers, which could result in charges to you; we may also contact you by text messages or emails, using any email address you provide us. Methods of contact may include using pre-recorded or artificial voice messages and/or use of an automatic dialing device, as applicable.

4. Prohibited Uses

You specifically agree not to:

•              use the Northcentral Connect Web Services to undertake or accomplish any unlawful purpose including, but not limited to, posting, storing, transmitting or disseminating information, data or material which is libelous, obscene, unlawful, threatening or defamatory, or which infringes the intellectual property rights of any person or entity, or which in any way constitutes or encourages conduct that would constitute a criminal offense, or otherwise violate any local, state, federal, or non-U.S. law, order, or regulation;

•              post, store, send, transmit, or disseminate on the Northcentral Connect Web Services any information or material which a reasonable person could deem to be unlawful;

•              upload, post, publish, transmit, reproduce, create derivative works of, or distribute on the Northcentral Connect Web Services in any way information, software or other material that is protected by copyright or other proprietary right, without obtaining any required permission of the owner;

•              post on or distribute through the Northcentral Connect Web Services unsolicited bulk or commercial messages commonly known as “spam;”

•              send very large numbers of copies of the same or substantially similar messages, empty messages, or messages which contain no substantive content, or send very large messages or files that disrupt a blog, newsgroup, chat, or similar feature of the Northcentral Connect Web Services;

•              initiate, perpetuate, or in any way participate in any pyramid or other illegal scheme through the Northcentral Connect Web Services;

•              participate in the collection of very large numbers of email addresses, screen names, or other identifiers of others (without their prior consent) from the Northcentral Connect Web Services, a practice sometimes known as spidering or harvesting, or participate in the use of software (including “spyware”) designed to facilitate this activity;

•              collect responses from unsolicited bulk messages posted on or distributed through the Northcentral Connect Web Services;

•              impersonate any person or entity, engage in sender address falsification, forge anyone else’s digital or manual signature, or perform any other similar fraudulent activity (for example, “phishing”) on the Northcentral Connect Web Services;

•              restrict, inhibit, or otherwise interfere with the ability of any other person, regardless of intent, purpose or knowledge, to use or enjoy the Northcentral Connect Web Services (except for tools for safety and security functions such as parental controls, for example), including, without limitation, posting or transmitting any information or software which contains a worm, virus, or other harmful feature, or generating levels of traffic sufficient to impede others’ ability to use, send, or retrieve information;

•              register under the name of, or attempt to use the Northcentral Connect Web Services under the name of, another person;

•              allow another person to access the Northcentral Connect Web Services using your credentials;

•              access (or attempt to access) the Northcentral Connect Web Services through any automated means (including use of scripts or web crawlers), except through APIs or other interfaces specifically provided for this purpose, or violate the instructions set out in any robots.txt or similar file present within the Northcentral Connect Web Services;

•              engage in the systematic retrieval of data or other content from the Northcentral Connect Web Services, except though APIs or other interfaces specifically provided for this purpose, to create or compile, directly or indirectly, a collection, compilation, database or directory, without Northcentral Connect’s prior written consent;

•              capture, rip, download, or otherwise create a copy of any content that is shown on the Northcentral Connect Web Services without obtaining any required permission of the content owner;

•              take any actions for the purpose of manipulating or distorting, or that may undermine the integrity and accuracy of, any ratings or reviews of any movie or other entertainment program, service or product that may be presented by the Northcentral Connect Web Services; or

•              attempt to or actually circumvent any method used by Northcentral Connect to control access to Northcentral Connect Web Services, including, but not limited to, spoofing or otherwise impersonating an IP address for your computer that is not actually assigned to your computer or setting up a proxy or other device that allows others to access the Northcentral Connect Web Services through it.

If you are a Northcentral Connect Internet customer, you can find the guidelines for acceptable use of the Internet service at https://northcentralconnect.com/Policies/Policies.html.

5. Your Passwords and Unauthorized Use of Your Account

You are responsible for maintaining the confidentiality of your Northcentral Connect Web Services account and its password(s). In addition you are responsible for controlling access to any PCs, mobile devices, gateways, or other end points that you allow to store your password, or on which you enable a “Remember Me” or similar functionality (“Activated Device”). Accordingly, you agree that you will be solely responsible to Northcentral Connect for all activities that occur under your Northcentral Connect Web Services accounts, including the activities of any individual with whom you share your Northcentral Connect Web Services account or an Activated Device, and will be responsible for any breach of these Terms caused by these activities. If you become aware of any unauthorized use of your password or of your account, you agree to notify Northcentral Connect immediately. To protect your privacy, Northcentral Connect recommends logging out of the Northcentral Connect Web Services after each visit when you are using a public or shared PC, mobile device, or other end point.

Northcentral Connect does not permit credential sharing. You agree that Northcentral Connect Web Services account usernames and passwords associated with your account: (i) shall be used only by you and members of your household whose primary residential address is the same as the premises at which your Northcentral Connect Web Services account is located; (ii) shall not be shared with any user other than members of your household for any reason (including, but not limited to, for accessing any third party video services and platforms); and (iii) shall be used only on devices used by you or a member of your household primarily at the residential address location of the Northcentral Connect Web Services account. You agree you are responsible for maintaining the confidentiality and security of all Northcentral Connect Web Services account usernames and passwords associated with your account, including those used by members of your household.

6. Privacy and Your Personal Information

To understand how Northcentral Connect collects and uses information through the Northcentral Connect Web Services, please read the Web Services Privacy Policy at https://northcentralconnect.com/privacy.

Northcentral Connect is not responsible for any information provided by you to third parties, and this information is not subject to the Web Services Privacy Policy. You assume all privacy, security, and other risks associated with providing any information, including personally identifiable information, to third parties via the Northcentral Connect Web Services. For a description of the privacy protections associated with providing information to third parties, you should refer to any privacy policies provided by those third parties.

You understand and agree that Northcentral Connect (and its providers) may collect and use technical and related information, including information about your computers and/or mobile devices, operating systems, peripherals (such as gateways and extenders), applications, connected devices, network traffic, location data, and data use to deliver the Northcentral Connect Web Services and for other purposes including support and related services.

7. Content on the Northcentral Connect Web Services

Certain Northcentral Connect Web Services allow you to access content and information, such as collections of data, video, audio, or other multimedia, and photographs and other static images (the “Content”). This Content may be owned by Northcentral Connect, other companies that give Northcentral Connect the right to distribute their Content (like movie publishers), or users of the Northcentral Connect Web Services (like you). Northcentral Connect grants you a limited, non-exclusive, non-assignable license to view the Content and to use the Northcentral Connect Web Services for personal, non-commercial purposes as set forth in these Terms or in a manner that does not require a license. Except for activities that do not require a license, unless the Content was legally posted by you on the Northcentral Connect Web Services, you may not distribute copies of the Content in any form (including by email or other electronic means), without prior written permission from its owner. Of course, you are free to encourage others to access the Content and to tell them how to find it.

In addition, our Content providers want to remind you that you must not remove, alter, interfere with, or circumvent any copyright, trademark, or other proprietary notices marked on the Content or any digital rights management mechanism, device, or other content protection or access control measure associated with the Content. The copying, downloading, stream capturing, reproduction, duplication, archiving, distribution, uploading, publication, modification, translation, broadcast, performance, display, sale, or transmission of the Content is strictly prohibited unless it is expressly permitted by Northcentral Connect in writing or is an activity that does not require a license. You may not incorporate the Content into any hardware or software application. This prohibition applies even if you intend to give away the derivative materials free of charge.

You understand that by using the Northcentral Connect Web Services you may be exposed to Content that you may find offensive, indecent, or objectionable. In this respect, you use the Northcentral Connect Web Services at your own risk. If you would like to use them, there are commercially available services and software that can limit exposure to material that you may find objectionable.

You understand that Northcentral Connect has the right to change the Northcentral Connect Web Services at any time with or without notice to you. We also may rearrange, delete, add to, or otherwise change Content or other features or functionality contained within the Northcentral Connect Web Services. If we do give you notice of these changes, it may be provided on any of the Northcentral Connect Web Sites, or via email, newspaper, bill insert, or any other reasonable means of communication. If you find a change in the Northcentral Connect Web Services unacceptable, you have the right to cancel your Northcentral Connect Web Services account or to stop using the Northcentral Connect Web Services. However, if you continue to use the Northcentral Connect Web Services after the change, this will constitute your acceptance of the change.

8. User Submissions

Some of the material appearing on the Northcentral Connect Web Services will be provided by users or third parties. Pursuant to Section 230 of the federal Communications Decency Act, providers of interactive computer services are not considered or treated as publishers or speakers of information that is provided by other information content providers. Northcentral Connect does not claim ownership of any material that users submit or post on the Northcentral Connect Web Services. You agree that you are solely responsible for (and that Northcentral Connect has no responsibility to you or to any third party for) any material that you create, transmit, or display while using the Northcentral Connect Web Services, and for the consequences of your actions (including any loss or damage which Northcentral Connect may suffer) by doing so. Further, you agree that, with respect to any communication you submit to us for posting on the Northcentral Connect Web Services, you will not: (i) include any content that violates a third party’s copyright or other proprietary or privacy rights; (ii) publish falsehoods or misrepresentations portrayed as fact; (iii) include any advertising or solicitations; or (iv) submit any material that is unlawful, obscene, defamatory, libelous, threatening, pornographic, harassing, hateful, racially or ethnically offensive, or encourages conduct that would be considered a criminal offense, give rise to civil liability, violate any law, or is otherwise clearly inappropriate.

Northcentral Connect reserves the right, but does not assume any obligation, to review any user submission prior to its display on the Northcentral Connect Web Services using automated tools or manual processes. Northcentral Connect may refuse to display or remove any user submission from the Northcentral Connect Web Services for any reason in our sole discretion. However, we will typically only do so when we become aware that the material in question is harmful, clearly illegal, or likely to be considered highly offensive or objectionable to a large segment of our users.

9. Feedback

Northcentral Connect will receive any feedback you provide under the terms at https://northcentralconnect.com.

10. Proprietary Rights

You acknowledge and agree that Northcentral Connect (or Northcentral Connect’s licensors) owns all legal right, title, and interest in and to the Northcentral Connect Web Services, including any intellectual property rights which subsist in the Northcentral Connect Web Services (whether those rights happen to be registered or not, and wherever in the world those rights may exist).

Nothing in the Terms gives you a right to use any of Northcentral Connect’s trade names, trademarks, service marks, logos, domain names, and other distinctive brand features. If you have been given an explicit right to use any of these brand features in a separate written agreement with Northcentral Connect, then you agree that your use of these features shall comply with that agreement, any applicable provisions of the Terms, and Northcentral Connect’s brand feature use guidelines as updated from time to time.

Nothing in the terms gives you a right to use any trademark, service mark, trade name, logo of any company or organization in a way that is likely or intended to cause confusion about the owner or authorized user of these marks, names or logos.

11. Linking to the Northcentral Connect Sites

Northcentral Connect welcomes links to any of the Northcentral Connect Sites. You are free to establish a hypertext link to these websites so long as the link does not state or imply any affiliation, connection, endorsement, sponsorship, or approval of your site by Northcentral Connect.

12. Term; Provisions That Remain in Effect after Termination

The Terms apply to all users of the Northcentral Connect Web Services and will be in effect from the Effective Date until terminated by either Northcentral Connect or you as set forth below.

Sections 8 through 10, 12 through 15, 19, and 20 of these Terms will survive termination, and shall continue to apply indefinitely.

Unregistered Users

If you use any of the Northcentral Connect Web Services (or parts of those services) that are accessible without registration, you can simply discontinue use of those services at any time. Doing so will terminate the applicability of these Terms to you with respect to those services. If you breach any provision of these Terms or other applicable policies, or for any other reason, Northcentral Connect reserves the right to restrict, suspend, or terminate your use any or all of the Northcentral Connect Web Services and terminate the Terms. We may take these actions with or without notice to you. Because unregistered users are generally unknown to us, in most cases we will be unable to give notice of these actions.

Registered Users

If you use any of the Northcentral Connect Web Services (or parts of those services) as a registered user, you may delete your registered user account at any time. Doing so will terminate these Terms with respect to that Northcentral Connect Web Service. If you breach any provision of these Terms or other applicable policies, or for any other reason, Northcentral Connect reserves the right to restrict, suspend, or terminate your registered user account for any or all of the Northcentral Connect Web Services and terminate the Terms. We may take these actions with or without notice to you. Because registered users are known to us, however, we will generally use reasonable efforts to give notice of these actions.

Currently, registered user accounts for northcentralconnect.net, northcentralconnect.com and northcentralelectric.com are associated with Northcentral Connect Internet (including Northcentral Connect Wi-Fi), or Northcentral Connect Voice service and cannot be deleted without also terminating the associated service.

13. EXCLUSION OF WARRANTIES

BECAUSE OF THE NUMBER OF POSSIBLE SOURCES OF INFORMATION AVAILABLE THROUGH THE NORTHCENTRAL CONNECT WEB SERVICES, AND THE INHERENT HAZARDS AND UNCERTAINTIES OF ELECTRONIC DISTRIBUTION, THERE MAY BE INTERRUPTIONS, DELAYS, OMISSIONS, INACCURACIES, OR OTHER PROBLEMS WITH THIS INFORMATION. IF YOU RELY ON THE NORTHCENTRAL CONNECT WEB SERVICES OR ANY MATERIAL AVAILABLE THROUGH THEM, YOU DO SO AT YOUR OWN RISK. YOU UNDERSTAND AND AGREE THAT THE NORTHCENTRAL CONNECT WEB SERVICES ARE PROVIDED TO YOU “AS IS,” “WITH ALL FAULTS,” AND “AS AVAILABLE.” NORTHCENTRAL CONNECT AND ITS AGENTS AND LICENSORS CANNOT AND DO NOT WARRANT THE ACCURACY, COMPLETENESS, USEFULNESS, TIMELINESS, NONINFRINGEMENT, MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE OF THE INFORMATION AVAILABLE THROUGH THE NORTHCENTRAL CONNECT WEB SERVICES. NORTHCENTRAL CONNECT AND ITS AGENTS AND LICENSORS CANNOT AND DO NOT WARRANT THAT THE NORTHCENTRAL CONNECT WEB SERVICES WILL CONTINUOUSLY BE AVAILABLE OR FREE OF ERRORS, VIRUSES, OR OTHER HARMFUL COMPONENTS. BECAUSE SOME STATES DO NOT PERMIT THE EXCLUSION OR LIMITATION OF CERTAIN WARRANTIES, THESE EXCLUSIONS AND LIMITATIONS OF WARRANTIES MAY NOT APPLY TO YOU.

14. LIMITATION OF LIABILITY

A. FOR PURPOSES OF THIS LIMITATION OF LIABILITY PROVISION, “NORTHCENTRAL CONNECT” REFERS TO NOT ONLY NORTHCENTRAL CONNECT BUT ALSO ITS PARENTS, SUBSIDIARIES, AFFILIATES, PREDECESSORS, SUCCESSORS, AND ASSIGNS, AND EACH OF THEIR RESPECTIVE OFFICERS, DIRECTORS, EMPLOYEES, AND AGENTS.

B. YOU WAIVE THE RIGHT TO ASSERT A CLAIM AGAINST NORTHCENTRAL CONNECT MORE THAN TWELVE (12) MONTHS AFTER THE FIRST EVENT OR FACT THAT GIVES RISE TO THE CLAIM.

C. EXCEPT AS EXPRESSLY PROVIDED IN THIS AGREEMENT, IN NO EVENT SHALL NORTHCENTRAL CONNECT BE LIABLE TO YOU OR TO ANY THIRD PARTY FOR ANY DAMAGES ARISING OR RESULTING FROM ANY INTERRUPTION IN OR DISRUPTION TO THE NORTHCENTRAL CONNECT WEB SERVICES. IN NO EVENT SHALL NORTHCENTRAL CONNECT BE LIABLE TO YOU OR TO ANY THIRD PARTY FOR ANY INDIRECT, INCIDENTAL, OR CONSEQUENTIAL DAMAGES (INCLUDING BUT NOT LIMITED TO LOST DATA, LOST PROFITS, OR LOST BUSINESS OPPORTUNITIES), REGARDLESS OF THE LEGAL THEORY, REGARDLESS OF WHETHER SUCH DAMAGES WERE FORESEEABLE, AND REGARDLESS OF WHETHER NORTHCENTRAL CONNECT WAS ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. THE LIMITATIONS OF LIABILITY IN THIS PARAGRAPH SHALL NOT APPLY TO INJURIES: (1) TO THE BODY OR PERSON; OR (2) CAUSED BY NORTHCENTRAL CONNECT’S WILLFUL, MALICIOUS, RECKLESS, OR GROSSLY NEGLIGENT ACTS OR OMISSIONS.

D. THESE LIMITATIONS OF LIABILITY SHALL SURVIVE THE TERMINATION OF THIS AGREEMENT. BECAUSE THE LAW REGARDING LIMITATIONS OF LIABILITY VARIES BY STATE, THESE LIMITATIONS OF LIABILITY MAY NOT APPLY TO YOU.

15. Indemnification

You agree to indemnify, defend, and hold harmless Northcentral Connect (including its parents, subsidiaries, and affiliates and all of their respective officers, directors, employees, agents, licensors, suppliers and any third-party information providers) against all claims, losses, expenses, damages and costs (including reasonable attorney fees) resulting from any breach of the Terms by you or any individual with whom you share your Northcentral Connect Web Services account or an Activated Device. Notwithstanding the foregoing, Northcentral Connect will not seek indemnification from you from any losses, expenses, claims, damages, and costs, including reasonable attorneys’ fees, resulting from its own conduct. Northcentral Connect reserves the right, at its election, to assume the exclusive defense and control of any matter subject to indemnification by you and you agree to cooperate with Northcentral Connect in connection with our defense.

16. Copyright Infringement

Northcentral Connect is committed to complying with U.S. copyright and related laws and requires all users of the Northcentral Connect Web Services to comply with these laws. Accordingly, you may not use the Northcentral Connect Web Services to store any material or content, or disseminate any material or content, in any manner that constitutes an infringement of third-party intellectual property rights, including rights granted by U.S. copyright law.

If you are the owner of a copyrighted work and believe your rights under U.S. copyright law have been infringed by any material on the Northcentral Connect Web Services, you may take advantage of certain provisions of the Digital Millennium Copyright Act (the “DMCA”) by sending Northcentral Connect’s authorized agent a notification of claimed infringement that satisfies the requirements of the DMCA. Upon Northcentral Connect’s receipt of a satisfactory notice of claimed infringement, Northcentral Connect will respond expeditiously either directly or indirectly (i) to remove the allegedly infringing work(s) from the Northcentral Connect Web Services or (ii) to disable access to the work(s). In accordance with the DMCA, it is Northcentral Connect’s policy to reserve the right to terminate access to the Northcentral Connect Web Services (or any part of those services) for any user who is either found to infringe third-party copyright or other intellectual property rights, including repeat infringers, or who Northcentral Connect, in its sole discretion, believes is infringing these rights. Northcentral Connect may terminate access to the Northcentral Connect Web Services at any time with or without notice for any affected customer or user. If the affected user believes in good faith that the allegedly infringing works have been removed or blocked by mistake or misidentification, then that person may send a counter notification to Northcentral Connect. Upon Northcentral Connect’s receipt of a counter notification that satisfies the requirements of DMCA, Northcentral Connect will provide a copy of the counter notification to the person who sent the original notification of claimed infringement and will follow the DMCA’s procedures with respect to a received counter notification. In all events, you expressly agree that Northcentral Connect will not be a party to any disputes or lawsuits regarding alleged copyright infringement.

Copyright owners may send Northcentral Connect a notification of claimed infringement to report alleged infringements of their works to:

Northcentral Connect

Attn: Regulatory Manager

Address: 4600 Northcentral Way, Olive Branch, MS 38654

Email: questions@northcentralconnect.com

Any notification of claimed infringement must be in a form that satisfies the requirements of Section 512(c)(3) of the U.S. Copyright Act. Under the DMCA, anyone who knowingly makes misrepresentations regarding alleged copyright infringement may be liable to Northcentral Connect, the alleged infringer, and the affected copyright owner for any damages incurred in connection with the removal, blocking, or replacement of allegedly infringing material.

If a notification of claimed infringement has been filed against you, you can file a counter notification with Northcentral Connect’s designated agent using the contact information shown above. All counter notifications must satisfy the requirements of Section 512(g)(3) of the U.S. Copyright Act.

17. Changes to the Terms

Northcentral Connect reserves the right to change these Terms. When we do change them, we will make a copy of the updated Terms available to you by posting it at https://northcentralconnect.com/terms, or through other methods. If we make material changes to these Terms, we will also notify you in Northcentral Connect My Account, by email, direct mail, or other reasonable methods that we select.

You understand and agree that if you use any of the Northcentral Connect Web Services after the effective date of the updated Terms, Northcentral Connect will consider your use as acceptance of the updated Terms.

18. Trademarks

Northcentral Connect®, the Northcentral Connect design logo, Northcentral Connect®, and the Northcentral Connect design logo are all trademarks or service marks of Northcentral Connect Corporation or its subsidiaries. All other trademarks and service marks appearing on the Northcentral Connect Web Services are the properties of their respective owners.

19. Special Note about Northcentral Connect Wi-Fi.

If you are not an Northcentral Connect subscriber or you are an Northcentral Connect subscriber but your subscription does not include access to Northcentral Connect Wi-Fi, the following applies to your use of Northcentral Connect Wi-Fi (“Wi-Fi Service”):

Using the Wi-Fi Service

To access and use the Wi-Fi Service, you must:

•              provide Northcentral Connect with accurate and complete registration information;

•              have a wireless-enabled device (compliant with the IEEE 802.11g or n standards, and or any later standard we support) with a web browser or its equivalent;

•              provide all equipment and software necessary to connect to the Wi-Fi Service (other than the access point provided by Northcentral Connect);

•              protect the password, username, and security information you use to access the Wi-Fi Service and notify Northcentral Connect immediately of any unauthorized use of your account that you become aware of,

•              comply with applicable laws and regulations, including but not limited to copyright and intellectual property rights laws, and

•              be at least 18 years of age.

Certain locations (“Venues”) may offer you free use of Northcentral Connect Wi-Fi (“Amenity Wi-Fi”). Your use of amenity Wi-Fi is subject to these Terms. Northcentral Connect is not responsible for the Venue Policies or the actions of the Venue. You should read the Venue Policies before using Amenity Wi-Fi.

When you go online with any Wi-Fi service, remember that wireless communications can be intercepted.

Termination

Northcentral Connect reserves the right at any time to terminate your use of the Wi-Fi Service if you fail to comply in full with any term of these Terms, or any other terms, agreements, or policies that apply to this Wi-Fi Service and the use of it. Northcentral Connect reserves the right at any time to delete, terminate, or suspend any Wi-Fi Service account registration and related information including usernames and passwords.

Restrictions on Use

You may not use the Wi-Fi Service to do any of the following:

•              falsify, alter, or remove message headers;

•              falsify references to Northcentral Connect or its network, by name or other identifier, in messages;

•              violate the rules, regulations, terms of service, or policies applicable to any network, server, computer database, service, application, system, or web site that you access or use;

•              access any other person’s computer or computer system, network, software, or data without his or her knowledge and consent; breach the security of another user or system; or attempt to circumvent the user authentication or security of any host, network, or account. This includes, but is not limited to, accessing data not intended for you, logging into or making use of a server or account you are not expressly authorized to access, or probing the security of other hosts, networks, or accounts without express permission to do so;

•              use or distribute tools or devices designed or used for compromising security or whose use is otherwise unauthorized, such as password guessing programs, decoders, password gatherers, keystroke loggers, analyzers, cracking tools, packet sniffers, encryption circumvention devices, or Trojan Horse programs. Unauthorized port scanning is strictly prohibited;

•              copy, distribute, or sublicense any proprietary software provided in connection with the Wi-Fi Service by Northcentral Connect or any third party, except that you may make one copy of each software program for back-up purposes only;

•              distribute programs that make unauthorized changes to software (cracks);

•              use or run dedicated, stand-alone equipment or servers, also commonly referred to as public services or servers. Examples of prohibited equipment and servers include, but are not limited to, email, web hosting, file sharing, and proxy services and servers;

•              use the Wi-Fi Service, or use or run programs that provide network content or any other services, except for personal and non-commercial use;

•              service, alter, modify, or tamper with any Northcentral Connect equipment or service or permit any other person who is not authorized by Northcentral Connect to do so;

•              use the Wi-Fi Service for operation as an Internet service provider or for any business, other legal entity, or organization purpose (whether or not for profit);

•              resell or otherwise make available the Wi-Fi Service, in whole or in part, directly or indirectly;

•              interfere with computer networking or telecommunications service to any user, host or network, including, without limitation, denial of service attacks, flooding of a network, overloading a service, improper seizing and abusing operator privileges, and attempts to “crash” a host;

•              falsify, alter, spoof, or otherwise modify or change any IP or MAC address assigned to or associated with your device to access the Wi-Fi Service; or

•              access and use the Wi-Fi Service with anything other than a dynamic IP address that adheres to the dynamic host configuration protocol (“DHCP”). You may not configure your device to use this Wi-Fi Service or any related equipment to access or use a static IP address or use any protocol other than DHCP or for any unlawful purpose.