- Subscriber and Subscriber’s employees, faculty, patrons, students, visitors, or any other person that is granted access to Subscriber’s facilities or services (referred to collectively as “Users”) shall avoid unnecessary network traffic and interference with other Users.
- Subscriber and its Users shall not use the Service for any unlawful purpose. Without limiting the foregoing, Subscriber shall not permit its users to use the Services in violation of laws relating to copyright, trademark or libel/slander.
- Unsolicited advertising by Subscriber or Subscriber’s Users is strictly forbidden. For the purpose of this Policy, “unsolicited advertising” includes any transmission that describes goods or services and that is initiated by a vendor, provider, retailer, reseller, distributor or manufacturer of the described goods or services, or by a third party retained by, affiliated with, or related to the vendor, provider, retailer, reseller, distributor or manufacturer, or that meets the definition of any federal or relevant state law concerning unsolicited advertising sometimes referred to as “SPAM.” This prohibition does not include either (i) discussions of a product or service’s relative advantages and disadvantages by users of those products or services (unless the user is also the vendor, provider, retailer, reseller, distributor or manufacturer, or related to or affiliated with the vendor, provider, retailer, reseller, distributor or manufacturer), (ii) responses to questions, but only if such responses are direct replies to those who inquired via electronic mail, (iii) mailings to individuals or entities on a mailing list so long as the individual or entity voluntarily placed his/her or its name on the mailing list, or (iv) exceptions recognized by federal or relevant state law.
- Any other type of mass mailing by Subscriber or Subscriber’s Users resulting in unsolicited advertising or network spamming is strictly forbidden.
- Neither Subscriber nor Subscriber’s Users shall use the Services to stalk others, post, transmit, or originate any unlawful, threatening, abusive, fraudulent, hateful, defamatory, obscene, or pornographic communication, or any communication where the message, or its transmission or distribution, would constitute or would encourage conduct that would constitute a criminal offense, give rise to civil liability, or otherwise violate any local, state, national, or international law.
- Neither Subscriber nor Subscriber’s Users shall access or attempt to gain access to any other User’s or non-User’s account or to any nonpublic or restricted portions of the MCNC networks. Also, neither Subscriber nor Subscriber’s Users shall intercept or attempt to intercept data transmissions of any kind.
- Subscriber acknowledges and agrees that MCNC has broad authority to interpret and apply these Acceptable Use Policies, in its sole discretion. MCNC may modify or amend the AUP at any time. MCNC shall provide notice of any such modifications or amendments by U.S. Mail, facsimile, email, or by posting a new policy on the MCNC website. Subscriber shall review regularly notices posted on line. In the case of U.S. Mail, the modified AUP is effective three business days after mailing, for facsimile and emails, the modified AUP is effective as of the date sent by MCNC, and when MCNC posts a modified AUP it is effective upon posting. In all cases, the modified AUP is effective regardless of whether Subscriber actually reads such notice.
- Upon receipt of notification by MCNC that Subscriber or Subscriber’s Users have violated either the Acceptable Use Policies as set out in this document or the Acceptable Use Policies incorporated into this Agreement under Paragraph 5, Subscriber shall immediately terminate Internet access for the User in violation of the Acceptable Use Policies and shall provide MCNC with written verification, through letter sent via US Mail, facsimile, or electronic mail, of such termination. If Subscriber either does not terminate Internet access for the User in violation of the relevant AUP or that same User is again found in violation of the Acceptable Use Policies, MCNC may terminate Subscriber’s service with 24 hour notice. If a total of four or more violations of the Acceptable Use Policies occur by Subscriber or any of Subscriber’s Users (including a combination of different Users) within a one-month period, MCNC may terminate Subscriber’s service with 24 hour notice. Notice to Subscriber may be written or oral, with facsimiles and electronic mail qualifying as written notice. Any actual notice, through whatever means, constitutes notice to Subscriber by MCNC.
- Any violation of either this AUP or an AUP incorporated by reference as set out in paragraph 5 that allows MCNC to terminate Subscriber’s service entitles MCNC to terminate the NCREN Access Service Subscription Agreement (“Agreement”) and subjects Subscriber to an early termination liability equal to the amount of monthly charges remaining on the term of the Agreement. Subscriber will indemnify MCNC against any liabilities incurred by them as a result of any breach of this Agreement or the AUP.
- MCNC’s Acceptable Use Policy fully incorporates, by reference, all Acceptable Use Policies and Network Policies of its current upstream network service providers. Both MCNC and its upstream providers reserve the right to amend or modify these Acceptable Use Policies at any time. MCNC also reserves the right to change or add providers at any time. Subscriber can find a list of MCNC’s providers on MCNC’s website.
- Use of the Services for commercial activity of any kind by Subscriber or Subscriber’s Users is strictly forbidden. If Subscriber or Subscriber’s Users desire to engage in commercial activity using the Services, Subscriber must enter into a separate Agreement and pay for a separate commercial service arrangement with MCNC. “Commercial activity” for the purpose of this Agreement is defined as any profit-oriented activity.
Download MCNC’s Acceptable Use Policy
MCNC is dedicated to protecting the privacy and security of the information provided by stakeholders visiting our Web site and/or using our services.
Our Web site implements several methods of information gathering and data collection. Some of these means are to provide you, the user, with a custom-tailored experience while visiting our site. Other information gathering measures are employed to increase security and to ensure that our site and the features contained within are not being used for any other reason than their intended purpose. All of the information collected by our site is kept strictly confidential. In certain portions of our Web site, a visitor/customer may be required to complete an application form to receive certain information. During the registration process, the visitor is required to give specific information such as name and e-mail address, mailing address, location and phone number. This information is used to contact the visitor regarding services offered by MCNC, for which the visitor has expressed interest.
When customers are asked to enter certain sensitive information, that information is encrypted and is protected through a Secure Socket Layer (SSL). SSL negotiates and employs the essential functions of mutual authentication, data encryption and data integrity for secure transactions. All customer / visitor information, not just the sensitive information mentioned above, is restricted to MCNC developers, network operations personnel and other qualified employees. Finally, the servers on which MCNC stores personally identifiable information are kept in a secure location.
We do not provide personal identifying information to third parties for the marketing of their products and services without your consent. We may provide information, where permitted or required by law, in order to enforce our rights or protect our property, as well as comply with court orders, subpoenas or other legal or regulatory requirements. We use Web usage information to enable the functioning of our Web site and to expand and improve our Web visitors’ online experience. When we combine the Web usage information with personal identifying information, we use it to provide a better online experience and to market and provide advertising about goods and services that may be of particular interest.
Any information you provide will be held with the utmost care and will not be used in ways that you have not consented to. If you have any questions, please feel free to contact us.
Links to Other Sites: Our website provides links to other websites. A link does not constitute an endorsement of content, viewpoint, policies, products or services. Furthermore, the terms described here do not necessarily apply to any external sites. Read the privacy policies of other websites you visit.
Correction/Updating Personal Information: If a customer needs to update or change personal identification information, MCNC will help the customer to correct, update or remove personal data. The customer can update or change personally identifiable information via the contact page on our Web site.
Responses to Email Inquiries: When visitors or customers send e-mail inquiries, the return e-mail address is used to answer the email inquiry we receive. MCNC does not use the return address for any other purpose and does not share the return e-mail address with any third party.
MCNC provides interconnection points in each of its regional points of presence. Last-mile provders (including Incumbent Local Exchange Carriers, Multiple System Operators, Competitive Local Exchange Carriers, energy cooperatives, and independent telecom companies) may interconnect with MCNC’s network at reasonable rates and terms for the purpose of exchanging traffic.
These interconnection points also allow commercial wholesale participants to serve last-mile providers with wholesale access, at reasonable rates and terms, to network components and services such as wavelengths and fibers.
MCNC serves the needs of Community Anchor Institutions (CAIs – organizations such as schools, community colleges, other institutions of higher education, and community support organizations), while wholesale commercial providers serve commercial last-mile providers and their customers.
Not all MCNC services are available at all interconnection locations.
In order to provide more direct interconnection between residential users and CAIs, MCNC encourages settlement-free peering with all willing Internet service providers within North Carolina.
Download MCNC’s Interconnection Policy
The MCNC Internet service is based on best-effort delivery. MCNC does not use any mechanisms to allocate bandwidth preferentially to any specific class of users, applications, providers, or sources. Users, peers, and providers are limited only by the physical or contractual bandwidth limitations of their connection to the network. Except for enforcing contracted bandwidth limits, MCNC does not limit bandwidth usage by its users, peers, or providers via mechanisms such as rate limiting or policing.
MCNC does not restrict user’s access to specific content, block the use of specific applications, or limit the type of devices that can be used to access the network. However, MCNC will block any traffic destined for its infrastructure by unauthorized sources and will take the appropriate action to either block or limit traffic that transits its network if, by MCNC’s determination, that traffic is harmful to the recipient. MCNC will cooperate with law enforcement if notified of harmful or illegal traffic transiting its network.
Download MCNC’s Network Management Policy
MCNC provides Internet services to Community Anchor Institutions (CAIs – organizations such as schools, community colleges, other institutions of higher education, and community support organizations) in an open, non-discriminatory manner. Any CAI within the MCNC service area is eligible to connect at reasonable rates and terms. As a middle-mile provider, MCNC uses several upstream Tier 1 Internet service providers that provide full access to the public Internet. MCNC does not make any distinction in its treatment of customer traffic based on application or content.
In some areas, MCNC also provides lit capacity and other middle-mile services to private-sector middle-mile operators and wholesalers in an open, provider-neutral and non-discriminatory fashion. Any middle- or last-mile provider or wholesaler within the MCNC service area is eligible to connect at reasonable rates and terms, at locations where services are available.
Download MCNC’s Nondiscrimination Policy
- Acceptance: Products or Services provided by MCNC shall be governed by these terms and conditions. No changes in these terms or conditions (including any waiver thereof) shall be valid unless in writing and signed by both parties. Subscriber acknowledges that the terms and conditions in this Agreement replace and supersede (a) any other terms and conditions regarding the subject matter of this Agreement and (b) any and all terms and conditions that may be printed on Subscriber’s written inquiry, orders, or other documentation as to said subject matter.
- Delivery Schedule: MCNC will deliver the products and services to be provided hereunder by the delivery date in the Scope of Work section of this Agreement or, if no such date is provided therein, by the Effective Date.
- Maintenance Schedule: MCNC will provide one week advance notice for scheduled maintenance and planned outages of the fiber or capacity service, and twenty-four (24) hours advanced notice for emergency maintenance; however, no notice is required for response to service problem and/or maintenance and repair of an outage or imminent outage of the fiber, capacity, or other services or facility. MCNC’s normal maintenance window is midnight to 6:00 a.m. local time.
- Ownership of New Developments, Equipment and Fiber: MCNC shall retain ownership of, and Subscriber shall claim no interest in, the proprietary technology and processes of MCNC. MCNC shall retain ownership of all equipment which MCNC may provide to Subscriber to be utilized for the network connection. MCNC will be responsible for all maintenance costs associated with this equipment. If fiber is being constructed, MCNC shall be the owner of the fiber and Subscriber, by signing this Agreement, grants to MCNC an easement for constructing, maintaining, repairing, replacing, and otherwise accessing the fiber in and around where the fiber is located; except, if all of the services are terminated, then upon said service termination Subscriber shall be the owner of the portion of said fiber on Subscriber’s property only, and MCNC’s interest in said portion of the fiber, all duties related thereto, and said easement shall terminate and MCNC may disconnect said fiber portion from MCNC’s remaining fiber. This provision of this paragraph shall survive the termination of this Agreement.
- Taxes: All foreign, federal, state and local taxes, and all duties and governmental fees, whether stated in the Agreement or not, shall be the obligation of Subscriber except for taxes, if any, on MCNC income. To the extent that MCNC is required or permitted to collect from Subscriber any Governmental Charges in connection with MCNC furnishing its Services, MCNC shall retain the right to do so. Governmental Charges are charges that result from the application, enforcement or interpretation of existing, new or revised laws or regulations, actions taken by federal, state, local or foreign regulatory authorities, or judicial acts or decisions that directly or indirectly impose costs on MCNC. Governmental Charges include, but are not limited to, those arising out of local, state, federal, foreign and third party actions, programs or requirements relating to Universal Service, number portability, TRS, E911, access, reciprocal compensation, franchising and CALEA.
- Representations; Indemnification: Services specified in this Agreement will be performed per the Scope of Work section of this Agreement. However, MCNC cannot guarantee that any specific product, innovation or process will result from its efforts hereunder. Subscriber recognizes and accepts that MCNC’ s efforts and obligations hereunder may be contingent in part upon the materials and specifications it receives from Subscriber. Subscriber also recognizes that certain of the materials it delivers to MCNC may be fragile, defective and/or unusable for the requested services, and that these materials may be subject to breakage, destruction or may otherwise be rendered unusable during the provision of services hereunder.
- Limitation of Liability: NEITHER MCNC NOR THIRD PARTY PROVIDERS OF COMPONENTS OF SERVICE OR EQUIPMENT (INDIVIDUALLY OR COLLECTIVELY, “THIRD PARTY PROVIDERS”) MAKE ANY REPRESENTATION OR WARRANTY TO SUBSCRIBER OF ANY KIND, INCLUDING BUT NOT LIMITED TO, WARRANTIES OF FITNESS FOR A PARTICULAR PURPOSE OR MERCHANTABILITY, NOR ARE ANY SUCH WARRANTIES TO BE IMPLIED WITH RESPECT TO THE PRODUCT OR SERVICES FURNISHED TO SUBSCRIBER, AND ALL SUCH IMPLIED WARRANTIES ARE HEREBY DISCLAIMED. IN NO EVENT SHALL MCNC OR THIRD PARTY PROVIDERS BE LIABLE TO SUBSCRIBER FOR EXPENSES, DAMAGES OR OTHER LOSSES INCURRED BY SUBSCRIBER AS A RESULT OF DELIVERY DELAYS; FOR SPECIAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES, OR FOR “LOST PROFITS” OR LOST DATA, INCURRED BY SUBSCRIBER ARISING FROM OR RELATING IN ANY WAY TO THIS AGREEMENT OR COMPONENTS OF SERVICE OR EQUIPMENT FURNISHED BY THIRD PARTY PROVIDERS; OR FOR ANY ACTUAL DAMAGES INCURRED BY SUBSCRIBER DUE TO ANY COMPONENTS OF SERVICE OR EQUIPMENT FURNISHED BY THIRD PARTY PROVIDERS. SUBSCRIBER WAIVES ANY CLAIMS IT MAY HAVE AS TO COMPONENTS OF SERVICE OR EQUIPMENT FURNISHED BY THIRD PARTY PROVIDERS. ORAL STATEMENTS MADE BY MCNC’S EMPLOYEES AND AGENTS DO NOT CONSTITUTE WARRANTIES, SHALL NOT BE RELIED UPON AS SUCH BY SUBSCRIBER, AND ARE NOT PART OF THIS AGREEMENT. IN NO EVENT SHALL MCNC’S AGGREGATE LIABILITY UNDER THIS AGREEMENT EXCEED THE AMOUNTS ACTUALLY RECEIVED BY MCNC DURING THE TWELVE MONTH PERIOD IMMEDIATELY PRECEDING THE DATE UPON WHICH THE CLAIM GIVING RISE TO SUCH LIABILITY FIRST AROSE. Third Party Providers are a third party beneficiary of this paragraph.
- Customer Data Disclaimer: While MCNC makes every reasonable effort to protect Subscriber’s data stored or transmitted on MCNC’s system, MCNC will not be held liable for any damage to Subscriber’s data including but not limited to: lost, destroyed, damaged, or disclosed as the result of equipment failure, break-in to the system or other causes. Subscriber acknowledges and agrees that the nature of the system or Services is not secure and thereby MCNC MAKES NO WARRANTY AS TO THE PROTECTION OF SUBSCRIBER’S DATA. MCNC will use commercially reasonable efforts to coordinate 99.5% average monthly uptime of the Internet facilities owned by MCNC subject to the standard exceptions of Paragraphs 2 and 9 herein. MCNC is not responsible for and makes no representation regarding components or downtime of the Service not owned by MCNC. Subscriber agrees to release and not hold liable MCNC for any damage to Subscriber’s data including but not limited to: lost, destroyed, damaged or disclosure as a result of equipment failure, break-in to the system or other causes.
- Force Majeure: In the event that either Party is prevented from performing, or is unable to perform, any of its obligations under this Agreement due to any cause beyond the reasonable control of the Party invoking this provision, including but not limited to Acts of Nature (including fire, flood, earthquake, storm, hurricane or other natural disaster), war, invasion, act of foreign enemies, hostilities (whether war is declared or not), civil war, rebellion, revolution, insurrection, military or usurped power or confiscation, terrorist activities, nationalization, government sanction, blockage, embargo, labor dispute, strike, lockout or interruption or failure of electricity, the affected Party’s performance shall be temporarily excused and no party is entitled to terminate this Agreement due to such occurrence; provided, that the affected Party resumes performance as soon as it is reasonably able to do so and that the affected Party (a) provides the other Party prompt notice of the nature of the event, (b) uses commercially reasonable efforts to address and mitigate the cause and effect of such event, (c) provides prompt notice of the end of such event.
- Waiver of Subrogation: To the extent permitted by law, Subscriber, on its own behalf and on the behalf of its affiliates, directors, officers, employees, and insurers, hereby waives and releases MCNC, its directors, officers, employees, contractors and others working on behalf of MCNC from any and all liability or responsibility to Subscriber, its affiliates, directors, officers, employees, and insurers or anyone claiming through or under Subscriber, its affiliates, directors, officers, employees, and insurers, by way of subrogation or otherwise, for any bodily, loss and damage to property, and any and all damages, costs, and liability insured by any self insurance of, and any insurance maintained by, Subscriber, whether caused by fire, any other casualty, or otherwise, and even if caused by the fault or negligence of MCNC, its directors, officers, employees, contractors or others working on behalf of MCNC,. Subscriber’s policies of insurance shall contain a clause or endorsement waiving the right of subrogation as to MCNC, its directors, officers, employees, contractors and others working on behalf of MCNC and provide that such waiver and release shall not adversely affect or impair such policies or prejudice any right of MCNC to recover as an additional insured thereunder. Subscriber agrees that Subscriber shall provide MCNC a copy of such policies with such clause or endorsement.
- Confidentiality: All material and information provided to MCNC shall be considered non-confidential unless it is expressly identified as “confidential.”
- General Provisions: This Agreement shall be construed and interpreted solely in accordance with the laws of North Carolina. MCNC’s remedies as set forth herein are not exclusive. Any delay or omission in exercising any right hereunder, or any waiver of any single breach or default hereunder, shall not be deemed to be a waiver of such right or of any other right, breach or default. This Agreement and any attachments contain the full understanding of the parties with respect to the subject matter hereof. The provisions of the Agreement shall be severable, and the invalidity, illegality or unenforceability of any provision shall not affect the enforceability or validity of any other provision.
Download MCNC’s Connectivity Terms and Conditions
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