Terms of Service
This Agreement is between you as our Subscriber and NuriNow LLC (or its affiliates (“NuriNow”)) and it sets forth the terms and conditions under which you agree to use and we agree to provide the Service.
THIS IS A CONTRACT. PLEASE READ THESE TERMS CAREFULLY. IF YOU DO NOT AGREE TO THESE TERMS DO NOT USE THE SERVICE AND CONTACT US IMMEDIATELY TO TERMINATE IT.
1. Term and Acceptance of Agreement; Agreement Terms Generally Included.
The term of this Agreement will be either month-to-month or for the term specified for the Service or Bundled Service plan you select (the “Term”). The Term begins when you accept this Agreement and ends when you or we terminate this Agreement as permitted herein.
Acceptance by you of this Agreement occurs upon the earlier of: (a) your acceptance of this Agreement electronically during an online order, registration or when installing the Software or the Equipment; (b) your use of the Service; or (c) your retention of the Software or Equipment we provide beyond thirty (30) days following delivery. If you change Service plans, your term and monthly rate may change (depending on the plan you select), but all other provisions of this Agreement will remain in effect unless otherwise noted.
This Agreement consists of the terms below, plus (a) the specific elements of your Service or Bundled Service plan (including the plan’s pricing, duration and applicable Early Termination Fee (“ETF”), all as described in the information made available to you when placing and confirming your order); (b) our Acceptable Use Policy (Attachment A) and Additional Services Terms (Attachment B); and (c) other NuriNow policies referred to in this Agreement (including our Privacy Policy), all of which are incorporated herein by reference. A current version of this Agreement and related policies are posted online at https://www.nurinow.com/terms (“Website”). You can also receive a paper copy of this Agreement by writing to NuriNow LLC, 467R Central Ave, Cedarhurst, NY 11516, Attention: Customer Service.
2. DEFINITIONS AND CHANGES TO SERVICE.
“Broadband Services” means NuriNow or partner-provided Internet services (whichever applies), also known as “High Speed Internet” (“HSI”).
“Bundled Service(s)” means a combination or “bundle” of a Broadband Service with one or more other eligible NuriNow services, including but not limited to telephone service
“Content” means content provided by NuriNow or its third party licensors or suppliers and accessible on the Service, including without limitation images, photographs, animations, video, audio, music, and text in any format.
“Equipment” means the modem, router and/or other equipment provided by NuriNow for use with the Service.
“Service” means all NuriNow dial-up, Broadband Service and Wi-Fi wireless Internet access services (where applicable), Software, Equipment, Content, Additional Services as defined in Attachment B, technical support, email, domain name server (“DNS”) and related services, NuriNow Web Sites and other products and services provided by NuriNow under the pricing plan applicable to your Service.
“NuriNow Web Site(s)” mean the site located at https://www.nurinow.com/, and any other NuriNow affiliated sites, which are comprised of various web pages, tools, information, software, content, and features operated by NuriNow.
3. REVISIONS TO THIS AGREEMENT.
From time to time we may make revisions to this Agreement and the policies relating to the Service. We will provide notice of such revisions by posting revisions to the Website Announcements page, or sending an email to your primary email address, or both. You agree to visit the Announcements page periodically to review any such revisions. We will provide you with at least thirty (30) days notice of any price increase prior to the effective date of any increases to the monthly price of your Service or Bundled Service plan (excluding other charges as detailed in Sections 8.1(a)-(d)); revisions to any other terms and conditions shall be effective on the date noted in the posting and/or email we send you. By continuing to use the Service after revisions are effective, you accept and agree to abide by them.
4. AUTHORIZED USER, ACCOUNT USE, AND RESPONSIBILITIES.
You acknowledge that you are eighteen (18) years of age or older and that you have the legal authority to enter into this Agreement. You agree promptly to notify NuriNow whenever your personal or billing information changes.
You are responsible for all use of your Service and account, whether by you or someone using your account with or without your permission, including all secondary or sub-accounts associated with your primary account, and to pay for all activity associated with your account. You agree to comply with all applicable laws, regulations and rules regarding your use of the Service and to only use the Service within the United States (unless otherwise permitted by this Agreement).
Restrictions on Use. Unless otherwise noted in your contract, the Service is a consumer grade service and is not designed for or intended to be used for any commercial purpose. You may not resell the Service, use it for high volume purposes, or engage in similar activities that constitute such use (commercial or non-commercial). If you subscribe to a Broadband Service, you may connect multiple computers/devices within a single home to your modem and/or router to access the Service, but only through a single NuriNow-issued IP address. You also may not exceed the bandwidth usage limitations that NuriNow may establish from time to time for the Service, subject to the terms of NuriNow’s Open Network Policy. Violation of this section may result in bandwidth restrictions on your Service or suspension or termination of your Service.
Dial-Up Accounts. If you subscribe to Dial-up Service, your Service may be subject to log-off automatically and without notice if your account is idle for fifteen minutes. An account session may be deemed to be idle if there appears to be no interactive, human generated data received from your computer system within a prescribed amount of time. Use of automatic re-dialer, script or other programs for the purpose of avoiding inactivity disconnects is a violation of this Agreement. You may only use your account for one log-on session per connection type at a time and you may not use more than one IP address for each log-on session.
Broadband Accounts. Additional User IDs provided for
Broadband customers’ email boxes may not be used as dial-up connections.
5. PRIVACY POLICY; LEGAL COMPLIANCE.
Personal information you provide to NuriNow is governed by our Privacy Policy, which is posted on the Website and is subject to change from time to time. NuriNow reserves the right to provide account and user information, including email, to third parties as required or permitted by law (such as in response to a subpoena or court order), and to cooperate with law enforcement authorities in the investigation of any criminal or civil matter. Such cooperation may include, but is not limited to, monitoring of the NuriNow network consistent with applicable law. In addition, NuriNow is required by law to report any facts or circumstances reported to us or that we discover from which it appears there may be a violation of the child pornography laws. We reserve the right to report any such information, including the identity of users, account information, images and other facts to law enforcement personnel.
6. AVAILABILITY OF AND CHANGES TO SERVICE.
Service and Bandwidth Availability and Speed. The Service you select may not be available in all areas or at the rates, speeds, or bandwidth generally marketed, and some locations may not qualify for the Service even if initial testing showed that your line was qualified. We will provision qualified HSI lines at the maximum line rate available to your location based on our standard line qualification procedures, unless you have selected a level of service with a lower maximum line rate. Bandwidth is provided on a per-line (not a per-device) basis. The bandwidth available to each device connected to the network will vary depending upon the number, type and configuration of devices using the Service and the type of use (e.g., streaming media), among other factors. The speed of the Service will vary based on network or Internet congestion, your computer configuration, the condition of your telephone line and the wiring inside your location, among other factors. We and our suppliers reserve the right, at any time, with or without prior notice to you, to restrict or suspend the Service to perform maintenance activities and to maintain session control.
Changes to your local voice telephony service. If you change your local telephone company or discontinue your local telephone service, we may in our discretion either terminate your Service or continue to provide Broadband Service without local NuriNow voice service at the then-current rates, terms and conditions applicable to your new Service plan and you agree to pay any new or higher monthly fee that may apply to your new Service plan. If we elect to terminate your Service under this Section 6.2, then we reserve the right to charge any early termination fees and to apply the Equipment return terms under Section 9.
Changes to Service or Features. NuriNow reserves the right to change any of the features, content or applications of the Service at any time with or without notice to you. This includes the portal services we may make available as part of the Service or for an additional charge.
Maintenance. To provide the best possible service to its customers, NuriNow and/or its partners periodically perform maintenance on their network. In some cases, this may require NuriNow to conduct either a planned or unplanned interruption of the Service. NuriNow will use commercially reasonable efforts to schedule maintenance outages in a way that minimizes the impact on customers, but NuriNow cannot guarantee that your Service will not be interrupted and cannot always give advance notice of such outages. You acknowledge and agree that NuriNow shall not be responsible for any losses or damages (of any kind) that may be suffered by you as a result of any Service interruptions due to maintenance outages.
Network Management. NuriNow reserves the right to engage in reasonable network management to protect the overall integrity of its network, including detecting malicious traffic patterns and attempting to prevent the distribution of viruses or other malicious code, and through techniques such as reducing the aggregate bandwidth available to excessive bandwidth users during periods of congestion. While the determination of what constitutes excessive use depends on the specific state of the network at a particular location at any given time, excessive use will be determined primarily by resource consumption. For further information, please refer to NuriNow’s Acceptable Use Policy (attachment A) which forms a material part of, and is incorporated by reference within, these Terms.
E911 Notification If you use a voice over IP product, in the event of a power outage, and provided that you do not have battery backup installed, you will not have E911 service. If your service is disconnected or interrupted, you will not have E911 service. If you relocate and of the equipment to a different address, you must notify NuriNow in advance to update E911 service. During the initial 72 hours of service at your new address, you may be required to provide the E911 operator with your new service address.
Security and Medical Alert System Limitations If you use a voice over IP product, You acknowledge that NuriNow does not support the use of any Voice service as a connection for (i) emergency medical alert systems, (ii) all high security monitoring systems (UL 681 or similar) or (iii) fire alarm systems (UL 864 or similar). You acknowledge that it is your sole responsibility to contact your central station monitoring provider to test and verify that your security system is in good working order and that you are responsible for any additional work required to ensure the proper operating of your security system.
7. SOFTWARE LICENSES AND THIRD PARTY SERVICES.
We may provide you, for a fee or at no charge, software for use in connection with the Service which is owned by NuriNow or its third party licensors, providers and suppliers (“Software”). We reserve the right periodically to update, upgrade or change the Software remotely or otherwise and to make related changes to the settings and software on your computer or Equipment, and you agree to permit such changes and access to your computer and Equipment. You may use the Software only in connection with the Service and for no other purpose.
Certain Software may be accompanied by an end user license agreement (“EULA”) from NuriNow or a third party. Your use of the Software is governed by the terms of that EULA and by this Agreement, where applicable. You may not install or use any Software that is accompanied by or includes a EULA unless you first agree to the terms of the EULA.
For Software not accompanied by a EULA, you are hereby granted a revocable, non-exclusive, non-transferable license by NuriNow or its applicable third party licensor(s) to use the Software (and any corrections, updates and upgrades thereto). You may not make any copies of the Software. You agree that the Software is confidential information of NuriNow or its third party licensors and that you will not disclose or use the Software except as expressly permitted herein. The Software contains copyrighted material, trade secrets, patents, and proprietary information owned by NuriNow or its third party licensors. You may not de-compile, reverse engineer, disassemble, attempt to discover any source code or underlying ideas or algorithms of the Software, otherwise reduce the Software to a human readable form, modify, rent, lease, loan, use for timesharing or service bureau purposes, reproduce, sublicense or distribute copies of the Software, or otherwise transfer the Software to any third party. You may not remove or alter any trademark, trade name, copyright or other proprietary notices, legends, symbols, or labels appearing on or in copies of the Software. You are not granted any title or rights of ownership in the Software. You acknowledge that this license is not a sale of intellectual property and that NuriNow or its third party licensors continue to own all right, title and interest, including but not limited to all copyright, patent, trademark, trade secret, and moral rights, to the Software and related documentation, as well as any corrections, updates and upgrades to it. The Software may be used in the United States only, and any export of the Software is strictly prohibited.
Your license to use the Software or any Additional Services will remain in effect until terminated by NuriNow or its third party licensors, or until your Service is terminated. Upon termination of your Service, you must cease all use of and immediately delete the Software from your computer.
If you subscribe to or otherwise use any third party services offered by NuriNow, your use of such services is subject to the EULA of that third party provider. Violation of those terms may, in our sole discretion, result in the termination of your Service.
All title and intellectual property rights (including without limitation, copyrights, patents, trademarks and trade secrets) in and to the NuriNow Web Sites (including but not limited to, related software, images, photographs, animations, video, audio, music, text, and content), are owned by NuriNow, its affiliates or licensors. All title and intellectual property rights in and to the information and content which may be accessed through use of the NuriNow Web Sites are the property of the respective content owner and may be protected by applicable copyright or other intellectual property laws and treaties. This Agreement does not grant you any rights to use such content, nor does it grant any rights to the NuriNow Web Sites, other than the right to use the NuriNow Web Sites according to the terms of the Agreement.
8. PRICING; BILLING: CHANGES TO SERVICE PLANS AND PAYMENT.
Prices and Fees; Billing. You agree to pay the fees applicable to your Service or Bundled Service, either on a monthly or prepaid basis, as applicable, and to pay: a) applicable taxes, b) surcharges, c) recovery fees, d) telephone charges, e) activation fees, f) installation fees, g) set-up fees, h) equipment charges, i) ETFs, and j) other recurring and nonrecurring charges associated with the Service plan you have selected. The taxes, fees and other charges detailed in a)-d) above may vary on a monthly basis. Surcharges and recovery fees are not taxes and are not required by law, but are set by NuriNow and may change. You also agree to pay any additional charges or fees applied to your account, including interest and charges due to insufficient credit or insufficient funds. Non-recurring charges such as set up, activation and installation fees, and equipment charges, will be included in your first bill. Monthly Service and Bundled Service recurring charges will be billed one month in advance; any usage charges will be billed in arrears. Pre-paid pricing plans for Additional Services will be billed in advance. Based on your election and subject to our approval, NuriNow or its agent will bill you directly, or bill your charge card or local NuriNow telephone bill (where available). IF YOU ELECT TO BE BILLED ON YOUR NuriNow PHONE BILL, BY USING THE SERVICES YOU AGREE TO HAVE ALL SERVICE CHARGES INCLUDED ON YOUR PHONE BILL. IF YOU SUBSCRIBE TO A BUNDLED SERVICE PLAN, THEN ALL OF THE SERVICES INCLUDED IN THE BUNDLED SERVICE PLAN MUST BE BILLED ON YOUR NuriNow PHONE BILL. Billing for Dial-up Service will automatically begin upon registration of your account. Billing for Broadband Services will automatically begin on the date provisioning of your Broadband Service is complete (“Service Ready Date”). Billing for Additional Services will begin on your Service Ready Date if you are also ordering a new Broadband Service or other service. Otherwise, billing for Additional Services will begin upon submission of your order, unless otherwise noted. We may, at our election, waive any fees or charges. If you cancel any component of a Bundled Services plan, the monthly charges for the remaining services on your account will automatically convert to the applicable existing, non-discounted month-to-month service rate.
Plans with Minimum Terms. If you choose a Service or Bundled Services plan with a minimum term commitment, you agree to maintain your Service for the term of that plan (a “Term Plan”). For Broadband Services, your Term Plan begins on the later of: (a) the date you change your existing Broadband Service plan to a Term Plan; or (b) your Service Ready Date; for Bundled Services, your Term Plan begins once all Bundled Services have been provisioned. You will begin receiving any discount associated with a Bundled Services plan once all Bundled Services have been provisioned. At the end of any Term Plan you may be given the option to select a new Term Plan. If you do not select a new Term Plan, your Service may be converted to a month-to-month Service plan at a monthly fee that may be higher than your current rate. If you select a new Term Plan, the terms of that plan will apply.
Pre-paid Service Plans for Additional Services. You may be given the option to select a pre-paid service plan for Additional Services (“Prepaid Service Plan”) which will begin on the later of: (a) the date of your order, or (b) the date you change to the Prepaid Service Plan. There will be no refunds for Prepaid Service Plans. At the end of any Prepaid Service Plan, you may be given the option to select a new Prepaid Service Plan. If you do not select a new Prepaid Service Plan, your Service will automatically convert to the then-current month-to-month rate for the Additional Service.
Discontinuation of Service for Nonpayment. We may discontinue your Service without notice if Service charges on your telephone bill or charge card are refused for any reason, or if you fail to make payment when due or to provide us with a new charge card expiration date before the existing date expires.
Late Fees. If any portion of your bill is not paid by the due date, NuriNow may charge you a late fee on unpaid balances and may also terminate or suspend your Service without notice. The late fee will be the lesser of 1.5 % per month, or the highest rate permitted by law. If NuriNow uses a collection agency or legal action to recover monies due, you agree to reimburse us for all expenses we incur to recover such monies, including attorneys’ fees, as allowable by law.
Local Telephone, Toll and Long Distance Charges. NuriNow IS NOT RESPONSIBLE FOR ANY CHARGES, INCLUDING BUT NOT LIMITED TO, LONG DISTANCE AND METERED LOCAL OR TOLL CHARGES INCURRED WHEN YOU ACCESS THE SERVICE. YOU SHOULD CHECK WITH THE LOCAL PHONE COMPANY TO DETERMINE WHETHER A DIAL-UP NUMBER YOU HAVE SELECTED IS A LOCAL CALL FROM YOUR LOCATION AND WHETHER ANY CHARGES APPLY. NuriNow DOES NOT GUARANTEE THAT ANY DIAL-UP ACCESS NUMBERS WE PROVIDE WILL BE A LOCAL CALL FROM YOUR LOCATION. ADDITIONAL CHARGES, WHICH MAY BE SUBSTANTIAL, APPLY TO REMOTE DIAL UP ACCESS, WHICH IS AVAILABLE FROM CERTAIN LOCATIONS ONLY.
Limitation on Special Pricing Promotions. You may only take advantage of one special pricing promotion during any consecutive twelve (12)-month period. NuriNow may, in its discretion, allow additional promotion pricing. NuriNow will not process any credit or pricing promotion if you are past due on any of your accounts with NuriNow.
Refundable Deposit. We may require that you provide us with a refundable deposit, which will be specified at the time of your order (“Subscriber Deposit”). We may also require an additional deposit after activation of the Service if you fail to pay any amounts when due. Within ninety (90) days after termination of your Service, we -will return your Subscriber Deposit, less any unpaid amounts due on your account, including any amounts owed for unreturned or damaged Equipment. Amounts held on deposit will not accrue interest except as required by law.
Credit Related Matters. We may evaluate your credit history before modifying or providing you Service. In order to establish an account with us and/or obtain or modify Service, we may obtain a report from a consumer credit agency or NuriNow information with our affiliates in connection with determining your creditworthiness. If you fail to pay your bill, we may submit a negative credit report to a credit reporting agency, which will negatively affect your credit report.
Credit Card Payments. When you subscribe to our service, you authorize us to collect from your payment method (Credit Card), including disconnection fees, porting fees, late fees, check return fees, rebate or device recovery fees and any other outstanding charges. This authorization will remain valid until 30 days after you terminate our authority to charge your payment method. If you provide us with a form of payment, unless canceled in writing, you authorize us to charge that form of payment for any outstanding charges by the due date on that invoice. If you use a credit card to pay for the Service(s), use of the card is governed by the card issuer agreement, and you must refer to that agreement for your rights and liabilities as a cardholder. You also agree not to dispute such charges as unauthorized.”
9. TERMINATION OR SUSPENSION OF SERVICE.
Termination of Service.
Subscribers with Month-to-Month Accounts. If you are a month-to-month Service customer, either you or NuriNow may terminate this Agreement any time by giving notice to the other as set forth in this Agreement. Termination by you will be effective upon your notice to us. Activation or set-up fees paid at the initiation of your Service, if any, are not refundable, except during any applicable 30-day MBG period.
Subscribers with Term Plans; Early Termination Fee. EXCEPT AS OTHERWISE SET FORTH IN THIS AGREEMENT, IF YOUR BROADBAND SERVICE IS TERMINATED BY YOU OR BY US BEFORE COMPLETING YOUR TERM PLAN, THEN YOU AGREE TO PAY NuriNow THE ETF SET FORTH IN THE PRICING PLAN YOU HAVE CHOSEN. If you terminate Service at your location, your existing Term Plan cannot be carried over to a new Service location.
Termination and/or Suspension by NuriNow. NuriNow reserves the right to change, limit, terminate, modify or temporarily or permanently cease providing the Service or any part of it with or without prior notice if we elect to change the Service or a part thereof or if you violate the terms of this Agreement. If NuriNow terminates your Service under this Section 9.1.3, you must immediately stop using the Service and you will be responsible for the applicable fees and/or Equipment charges set forth in Sections 8.5, 9.1.1, or 9.1.2. If the termination is a result of violation by you of the terms of this Agreement, you also shall be liable to pay the ETF. If NuriNow terminates or ceases to offer service to your location, you shall not be liable to pay the ETF. If your Service is reconnected, a reconnection fee may apply.
Deletion of Data upon Termination.
YOU AGREE THAT IF YOUR SERVICE IS TERMINATED FOR ANY REASON, NuriNow HAS THE RIGHT TO IMMEDIATELY DELETE ALL DATA, FILES AND OTHER INFORMATION (INCLUDING EMAILS, VOICEMAILS, DATA, ADDRESS BOOK AND WEB STORAGE CONTENT) STORED IN OR FOR YOUR ACCOUNT WITHOUT FURTHER NOTICE TO YOU. ALSO UPON TERMINATION OF SERVICE FOR ANY REASON, IF YOU HAVE BEEN AN NuriNow PHONE SERVICE CUSTOMER WHOSE TELEPHONE NUMBER (ASSOCIATED WITH THAT SERVICE) PREVIOUSLY HAD BEEN TRANSFERRED TO NuriNow FROM ANOTHER VOICE SERVICE PROVIDER, THEN (IN ACCORDANCE WITH APPLICABLE FEDERAL REGULATIONS) SUCH TELEPHONE NUMBER MAY BE AUTOMATICALLY AND PERMANENTLY RETURNED FOR REASSIGNMENT TO THE NUMBERING POOL OF THE ORIGINAL VOICE SERVICE PROVIDER OR NuriNow; IT SPECIFICALLY BEING UNDERSTOOD THAT NuriNow MAY NOT BE ABLE TO RECOVER SUCH TELEPHONE NUMBER EVEN IF YOU (I) DECIDE TO REINSTATE YOUR SERVICE WITH NuriNow (OR WITH AN ACQUIRER, TRANSFEREE OR ASSIGNEE OF, OR SUCCESSOR TO, NuriNow’S PHONE SERVICE) OR (II) EXPRESS YOUR INTENT TO ESTABLISH INTERNET PHONE SERVICE WITH ANOTHER VOICE SERVICE PROVIDER. YOU AGREE THAT NuriNow WILL HAVE NO LIABILITY WHATSOEVER FOR (A) THE LOSS OF ANY SUCH DATA, NAMES, ADDRESSES, OR OTHER INFORMATION AND/OR (B) IF YOU HAVE BEEN A NuriNow PHONE SERVICE CUSTOMER, THE INABILITY (FOR WHATEVER REASON) TO MAINTAIN YOUR EXISTING TELEPHONE NUMBER OR TO TRANSFER SUCH TELEPHONE NUMBER TO A NEW VOICE SERVICE PROVIDER.
Return of Equipment upon Termination. If your Service is terminated for any reason prior to the end of the first year of service and you received Equipment at no charge from NuriNow, you must return the Equipment to NuriNow or you will be charged for the Equipment.
10. MANAGEMENT OF YOUR DATA AND COMPUTER.
Your Responsibilities Regarding Management of Your Computer and Data. You are solely responsible for obtaining, maintaining and updating all equipment and software necessary to use the Service, and for management of your information, including but not limited to back-up and restoration of your data. YOU AGREE THAT NuriNow IS NOT RESPONSIBLE FOR THE LOSS OF YOUR DATA OR FOR THE BACK-UP OR RESTORATION OF YOUR DATA REGARDLESS OF WHETHER THIS DATA IS MAINTAINED ON OUR SERVERS OR YOUR DEVICE(S). YOU SHOULD ALWAYS BACK-UP ANY IMPORTANT INFORMATION SEPARATELY FROM DATA STORED ON NuriNow’S OR ANY THIRD PARTY’S SERVERS.
Content and Data Management by NuriNow. We reserve the right to: (a) use, copy, display, store, transmit and reformat data transmitted over our network and to distribute such content to multiple NuriNow servers for back-up and maintenance purposes; and (b) block or remove any unlawful content you store on or transmit to or from any NuriNow server. We do not guarantee the protection of your content or data located on our servers or transmitted across our network (or other networks) against loss, alteration or improper access.
Your Responsibilities Regarding Security. You agree that you are solely responsible for maintaining the security of your computer(s) and data, including without limitation, encryption of data and protection of your User ID, password and personal and other data. WE STRONGLY RECOMMEND THE USE (AND APPROPRIATE UPDATING) OF COMMERCIAL ANTI-VIRUS, ANTI-SPYWARE AND FIREWALL SOFTWARE.
Monitoring of Network Performance by NuriNow. NuriNow automatically measures and monitors network performance and the performance of your Internet connection and our network. We also will access and record information about your computer and Equipment’s profile and settings and the installation of software we provide. You agree to permit us to access your computer and Equipment and to monitor, adjust and record such data, profiles and settings for the purpose of providing the Service. You also consent to NuriNow’s monitoring of your Internet connection and network performance, and to our accessing and adjusting your computer settings, as they relate to the Service, Software, or other services, which we may offer from time to time. We do not share information collected for the purpose of network or computer performance monitoring or for providing customized technical support outside of NuriNow or its authorized vendors, contractors and agents.
11. LIMITATIONS ON USE OF THE SERVICE.
You acknowledge and agree that NuriNow (a) is not responsible for invalid destinations, transmission errors, or the corruption of your data; and (b) does not guarantee your ability to access all websites, servers or other facilities or that the Service is secure or will meet your needs.
You acknowledge that the Service will allow access to information which may be sexually explicit, obscene or offensive, or otherwise unsuitable for children. You agree that the supervision of use of the Service by children is your responsibility and that NuriNow is not responsible for access by you or any other users to objectionable or offensive content. NuriNow STRONGLY RECOMMENDS THE USE OF COMMERCIALLY AVAILABLE CONTENT FILTERING SOFTWARE.
You understand and agree that if you type a nonexistent or unavailable Uniform Resource Locator (URL), or enter a search term into your browser address bar, NuriNow may present you with an advanced web search page (“AWS Page”) containing suggested links based upon the query you entered in lieu of your receiving an NXDOMAIN or similar error message. NuriNow’s provision of the AWS Page may impact applications that rely on an NXDOMAIN or similar error message and may override similar browser-based search results pages.
You are not authorized to use any NuriNow name or mark as a hypertext link to any NuriNow Web site or in any advertising, publicity or in any other commercial manner without the prior written consent of NuriNow Licensing Company.
You agree that NuriNow assumes no responsibility for the accuracy, integrity, quality completeness, usefulness or value of any Content, advice or opinions contained in any emails, message boards, chat rooms or community services, or in any other public services or social networks, and that NuriNow does not endorse any advice or opinion contained therein, whether or not NuriNow provides such service(s). NuriNow does not monitor or control such services, although we reserve the right to do so.
You represent that when you transmit, upload, post or submit any content, images or data using the Service you have the legal right to do so and that your use of such data or content does not violate the copyright or trademark laws or any other third party rights.
Websites linked to or from the Service are not reviewed, controlled, or examined by NuriNow and you acknowledge and agree that NuriNow is not responsible for any losses you incur or claims you may have against the owner of third party websites. The inclusion of any linked websites or content from the Service, including websites or content advertised on the Service, does not imply endorsement of them by NuriNow.
If you choose to access the NuriNow Web Sites from locations outside the United States, you do so on your own initiative and you are responsible for compliance with all applicable local use controls, laws and regulations, including those relating to the transmission of technical data exported from or imported to the United States or the country in which you reside. NuriNow makes no representation that materials on the NuriNow Web Sites are appropriate or available for use in locations outside the United States and accessing them from territories where their contents are illegal is prohibited.
12. WARRANTIES AND LIMITATION OF LIABILITY.
YOU ACKNOWLEDGE AND AGREE THAT THE SERVICE SUPPLIED HEREUNDER IS PROVIDED ON AN “AS IS” OR “AS AVAILABLE” BASIS, WITH ALL FAULTS. EXCEPT AS OTHERWISE SPECIFICALLY SET FORTH IN THIS AGREEMENT AND AS OTHERWISE SPECIFICALLY SET FORTH IN ANY MANUFACTURER WARRANTY FOR ANY EQUIPMENT PROVIDED BY NuriNow (BUT ONLY IF SUCH WARRANTY IS INCLUDED WITH SUCH EQUIPMENT), NuriNow (AND ITS OFFICERS, EMPLOYEES, PARENT, SUBSIDIARIES, AND AFFILIATES) (COLLECTIVELY THE “NuriNow PARTIES”), ITS THIRD PARTY LICENSORS, PROVIDERS AND SUPPLIERS, DISCLAIM ANY AND ALL WARRANTIES AND CONDITIONS FOR THE SERVICE, WHETHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE, ACCURACY, NON-INFRINGEMENT, NON-INTERFERENCE, TITLE, COMPATIBILITY OF COMPUTER SYSTEMS, COMPATIBILITY OF SOFTWARE PROGRAMS, INTEGRATION, AND THOSE ARISING FROM COURSE OF DEALING, COURSE OF TRADE, OR ARISING UNDER STATUTE. ALSO, THERE IS NO WARRANTY OF WORKMANLIKE EFFORT OR LACK OF NEGLIGENCE. NO ADVICE OR INFORMATION GIVEN BY NuriNow OR ITS REPRESENTATIVES SHALL CREATE A WARRANTY WITH RESPECT TO ADVICE PROVIDED.
NuriNow DOES NOT WARRANT OR GUARANTEE THAT SERVICE CAN BE PROVISIONED TO YOUR LOCATION, OR THAT PROVISIONING WILL OCCUR ACCORDING TO A SPECIFIED SCHEDULE, EVEN IF NuriNow HAS ACCEPTED YOUR ORDER FOR SERVICE. THE PROVISIONING OF SERVICE IS SUBJECT TO NETWORK AVAILABILITY, CIRCUIT AVAILABILITY, LOOP LENGTH, THE CONDITION OF YOUR TELEPHONE LINE AND WIRING INSIDE YOUR LOCATION, THE CONDITIONS OF THE WIRELESS NETWORK RELATING TO COVERAGE, AND YOUR COMPUTER/DEVICE CONFIGURATION AND CAPABILITIES, AMONG OTHER FACTORS. IN THE EVENT YOUR LINE IS NOT PROVISIONED FOR ANY REASON, NEITHER YOU NOR NuriNow SHALL HAVE ANY DUTIES OR OBLIGATIONS UNDER THIS AGREEMENT (OTHER THAN YOUR OBLIGATION TO RETURN ANY NuriNow-PROVIDED EQUIPMENT). ADDITIONALLY, NuriNow DOES NOT WARRANT OR GUARANTEE THAT SERVICE THAT IS ONCE AVAILABLE TO A PARTICULAR LOCATION WILL ALWAYS BE AVAILABE TO THAT LOCATION. COVERAGE MAY CHANGE WITHOUT NOTICE.
THE SPEED AND BANDWIDTH AVAILABLE TO EACH COMPUTER OR DEVICE CONNECTED TO THE NuriNow NETWORK, AND HENCE THE QUALITY OF THE SERVICE, MAY VARY FOR MANY REASONS, WITHIN OR BEYOND NuriNow’S CONTROL, INCLUDING WITHOUT LIMITATION: (i) THE NUMBER OF USERS, COMPUTERS OR DEVICES CONNECTED SIMULTANEOUSLY TO THE NETWORK, AND THE TYPES OF USAGE IN WHICH THEY ARE ENGAGED; (ii) THE AMOUNT OF DATA BEING TRANSFERRED OVER THE NETWORK, (iii) NETWORK SIGNAL QUALITY; (iv) PERFORMANCE CAPABILITIES OF YOUR EQUIPMENT AND THE EQUIPMENT OF THIRD PARTIES; (v) TERRAIN AND FOLIAGE; (vi) WEATHER AND ATMOSPHERIC CONDITIONS; AND (vii) BUILDING STRUCTURE AND MATERIALS. NEITHER NuriNow, NOR ITS AFFILIATES, AGENTS OR SUPPLIERS, WARRANT OR REPRESENT THAT THE EQUIPMENT OR SERVICE (A) WILL MEET YOUR REQUIREMENTS, (B) WILL BE UNINTERRUPTED, WITHOUT DELAY, ERROR-FREE, OR FREE FROM SERVICE DEGRADATION OR (C), WILL PERFORM AT A PARTICULAR SPEED, BANDWIDTH OR DATA THROUGHPUT RATE. NuriNow SHALL NOT BE LIABLE FOR LOSS OF YOUR DATA, OR IF CHANGES IN OPERATION, PROCEDURES, OR SERVICES REQUIRE MODIFICATION OR ALTERATION OF YOUR EQUIPMENT, RENDER THE SAME OBSOLETE OR OTHERWISE AFFECT ITS PERFORMANCE.
IN NO EVENT SHALL THE NuriNow PARTIES OR NuriNow THIRD PARTY LICENSORS, PROVIDERS OR SUPPLIERS BE LIABLE FOR: (A) ANY INDIRECT, PUNITIVE, SPECIAL, CONSEQUENTIAL OR INCIDENTAL DAMAGES, INCLUDING WITHOUT LIMITATION, LOST PROFITS OR LOSS OF REVENUE, LOSS OF PROGRAMS OR INFORMATION OR DAMAGE TO DATA ARISING OUT OF THE USE, PARTIAL USE OR INABILITY TO USE THE SERVICE, OR RELIANCE ON OR PERFORMANCE OF THE SERVICE, REGARDLESS OF THE TYPE OF CLAIM OR THE NATURE OF THE CAUSE OF ACTION, INCLUDING WITHOUT LIMITATION, THOSE ARISING UNDER CONTRACT, TORT, NEGLIGENCE OR STRICT LIABILITY, EVEN IF NuriNow HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH CLAIM OR DAMAGES, OR (B) ANY CLAIMS AGAINST YOU BY ANY OTHER PARTY.
THE LIABILITY OF THE NuriNow PARTIES, OR (SUBJECT TO ANY DIFFERENT LIMITATIONS OF LIABILITY IN THIRD PARTY END USER LICENSE OR OTHER AGREEMENTS) OUR THIRD PARTY LICENSORS, PROVIDERS OR SUPPLIERS, FOR ALL CATEGORIES OF DAMAGES SHALL NOT EXCEED A PRO RATA CREDIT FOR THE MONTHLY FEES (EXCLUDING ALL NONRECURRING CHARGES, REGULATORY FEES, SURCHARGES, FEES AND TAXES) YOU HAVE PAID TO NuriNow FOR THE SERVICE DURING THE SIX (6) MONTH PERIOD PRIOR TO WHEN SUCH CLAIM AROSE, WHICH SHALL BE YOUR SOLE AND EXCLUSIVE REMEDY REGARDLESS OF THE TYPE OF CLAIM OR NATURE OF THE CAUSE OF ACTION. THE FOREGOING LIMITATIONS SHALL APPLY TO THE FULL EXTENT PERMITTED BY LAW, AND ARE NOT INTENDED TO ASSERT ANY LIMITATIONS OR DEFENSES WHICH ARE PROHIBITED BY LAW.
ALL LIMITATIONS AND DISCLAIMERS STATED IN THIS SECTION 12 ALSO APPLY TO NuriNow’S THIRD PARTY LICENSORS, PROVIDERS AND SUPPLIERS, AS THIRD PARTY BENEFICIARIES OF THIS AGREEMENT.
THE REMEDIES EXPRESSLY SET FORTH IN THIS AGREEMENT ARE YOUR SOLE AND EXCLUSIVE REMEDIES. YOU MAY HAVE ADDITIONAL RIGHTS UNDER CERTAIN LAWS (SUCH AS CONSUMER LAWS), WHICH DO NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES, OR THE EXCLUSION OR LIMITATION OF CERTAIN DAMAGES. IF THESE LAWS APPLY, OUR EXCLUSIONS OR LIMITATIONS MAY NOT APPLY TO YOU.
13. INDEMNIFICATION.
You agree to defend, indemnify and hold harmless the NuriNow Parties from and against all liabilities, costs and expenses, including reasonable attorneys’ and experts’ fees, related to or arising from your use of the Service (or the use of your Service by anyone else), (a) in violation of applicable laws, regulations or this Agreement; (b) to access the Internet or to transmit or post any message, information, software, images or other materials via the Internet; (c) in any manner that harms any person or results in the personal injury or death of any person or in damage to or loss of any tangible or intangible (including data) property; or (d) claims for infringement of any intellectual property rights arising from or in connection with use of the Service.
14. NOTICES.
Notices required under this Agreement by you must be provided to us at P.O. Box 190433, Brooklyn, NY 11219-0433, Attention: Customer Service in the manner set forth in the Contact Us section of the Website. Notice by NuriNow to you (including notice of changes to this Agreement under Section 3) shall be deemed given when: (a) transmitted to your primary email address; or (b) mailed via the US mail or hand-delivered to your address on file with us; or (c) when posted to the Announcements page of the Website.
If you send us an email, you agree that the User ID and/or alias contained in the email is legally sufficient to verify you as the sender and the authenticity of the communication.
15. GENERAL PROVISIONS.
All obligations of the parties under this Agreement, which, by their nature, would continue beyond the termination of this Agreement, including without limitation, those relating to Limitation of Liability and Indemnification, shall survive such termination.
NuriNow will not be liable for delays, damages or failures in performance due to causes beyond its reasonable control, including, but not limited to, acts of a governmental body, acts of God, acts of third parties, fires, floods, strikes, work slow-downs or other labor-related activity, or an inability to obtain necessary equipment or services.
You may not assign or otherwise transfer this Agreement, or your rights or obligations under it, in whole or in part, to any other person. Any attempt to do so shall be void. We may freely assign all or any part of this Agreement with or without notice and you agree to make all subsequent payments as directed.
Except as otherwise required by law, you and NuriNow agree that the substantive laws of the State of New York, without reference to its principles of conflicts of laws, will be applied to govern, construe and enforce all of the rights and duties of the parties arising from or relating in any way to the subject matter of this Agreement. YOU AND NuriNow CONSENT TO THE EXCLUSIVE PERSONAL JURISDICTION OF AND VENUE IN A COURT LOCATED IN KINGS COUNTY, NEW YORK FOR ANY SUITS OR CAUSES OF ACTION CONNECTED IN ANY WAY, DIRECTLY OR INDIRECTLY, TO THE SUBJECT MATTER OF THIS AGREEMENT OR TO THE SERVICE. Except as otherwise required by law, including New York laws relating to consumer transactions, any cause of action or claim you 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.
Use, duplication or disclosure by any Government entity is subject to restrictions set forth, as applicable, in subparagraphs (a) through (d) of the Commercial Computer-Restricted Rights clause at FAR 52.227-19, FAR 12.212, DFARS 227.7202, or in subparagraph (c)(1)(ii) of the Rights in Technical Data and Computer Software clause of DFARS 252.227-7013, and in similar clauses in the NASA FAR Supplement. Contractor/manufacturer is NuriNow or its licensors and suppliers. The use of Software and documentation is further restricted in accordance with the terms of this Agreement.
NuriNow’s failure at any time to insist upon strict compliance with any of the provisions of this Agreement shall not be construed to be a waiver of such terms in the future. If any provision of this Agreement is determined to be invalid, illegal or unenforceable, the remaining provisions of this Agreement shall remain in full force and effect and the unenforceable portion shall be construed as nearly as possible to reflect the original intentions of the parties.
This Agreement, including all Policies referred to herein and posted on the Website, constitutes the entire agreement between you and NuriNow with respect to the subject matter hereto and supersedes any and all prior or contemporaneous agreements whether written or oral. No changes by you to this Agreement shall be effective unless agreed to in a writing signed by an authorized person at NuriNow.
Severability. If any term of this Agreement is held to be invalid, illegal or unenforceable, the other agreement terms shall not be impaired or affected.
ATTACHMENT A – ACCEPTABLE USE POLICY
1. General Policy:
NuriNow reserves the sole discretion to deny or restrict your Service, or immediately to suspend or terminate your Service, if the use of your Service by you or anyone using it, in our sole discretion, violates the Agreement or other NuriNow policies, is objectionable or unlawful, interferes with the functioning or use of the Internet or the NuriNow network by NuriNow or other users, or violates the terms of this Acceptable Use Policy (“AUP”).
2. Specific Examples of AUP Violations.
The following are examples of conduct which may lead to termination of your Service. Without limiting the general policy in Section 1, it is a violation of the Agreement and this AUP to: (a) access without permission or right the accounts or computer systems of others, to spoof the URL, DNS or IP addresses of NuriNow or any other entity, or to penetrate the security measures of NuriNow or any other person’s computer system, or to attempt any of the foregoing; (b) transmit uninvited communications, data or information, or engage in other similar activities, including without limitation, “spamming”, “flaming” or denial of service attacks; (c) intercept, interfere with or redirect email or other transmissions sent by or to others; (d) introduce viruses, worms, harmful code or Trojan horses on the Internet; (e) post off-topic information on message boards, chat rooms or social networking sites; (f) engage in conduct that is defamatory, fraudulent, obscene or deceptive; (g) violate NuriNow’s or any third party’s copyright, trademark, proprietary or other intellectual property rights; (h) engage in any conduct harmful to the NuriNow network, the Internet generally or other Internet users; (i) generate excessive amounts of email or other Internet traffic; (j) use the Service to violate any rule, policy or guideline of NuriNow; (k) use the service in any fashion for the transmission or dissemination of images containing child pornography or in a manner that is obscene, sexually explicit, cruel or racist in nature or which espouses, promotes or incites bigotry, hatred or racism; or (l) download or use the Service in Cuba, Iran, North Korea, Sudan and Syria or to destinations that are otherwise controlled or embargoed under U.S. law, as modified from time to time by the Departments of Treasury and Commerce.
3. Copyright Infringement/Repeat Infringer Policy.
NuriNow respects the intellectual property rights of third parties. Accordingly, you may not store any material or use NuriNow’s systems or servers in any manner that constitutes an infringement of third party intellectual property rights, including under US copyright law. In accordance with the Digital Millennium Copyright Act (DMCA) and other applicable laws, it is the policy of NuriNow to suspend or terminate, in appropriate circumstances, the Service provided to any subscriber or account holder who is deemed to infringe third party intellectual property rights, including repeat infringers of copyrights. In addition, NuriNow expressly reserves the right to suspend, terminate or take other interim action regarding the Service of any Subscriber or account holder if NuriNow, in its sole judgment, believes that circumstances relating to an infringement of third party intellectual property rights warrant such action. These policies are in addition to and do not affect or modify any other rights NuriNow may have under law or contract. If you believe that copyrighted material has been used in violation of this policy or otherwise been made available on the Service in a manner that is not authorized by the copyright owner, its agent or the law, please follow the instructions for contacting NuriNow’s designated Copyright Agent as set forth in NuriNow’s Copyright Policy located at https://www.nurinow.com/terms.
NuriNow may, but is not required to, monitor your compliance, or the compliance of other subscribers, with the terms, conditions or policies of this Agreement and AUP. You acknowledge that NuriNow shall have the right, but not the obligation, to pre-screen, refuse, move or remove any content available on the Service, including but not limited to content that violates the law or this Agreement.
4. Theft or Fraudulent Use of the Service; Loss or Theft of Equipment.
If your Equipment is lost or stolen, or if you become aware at any time that the Service has been stolen or is being fraudulently used, it is very important that you notify NuriNow immediately, so that NuriNow can suspend your Service (and the ability to use any Equipment that you have purchased or leased for use in association with that Service) in order to prevent further usage and limit your liability. You can do this by calling NuriNow’s customer service department at (858) 874-4669. Once you notify NuriNow, NuriNow will suspend your Service (i.e., until you possess replacement Equipment usable with the Service or such fraudulent activity has ceased, as applicable), and you will not be responsible for charges incurred with the lost or stolen Equipment during that period of suspension. If a Term Commitment applies to your Service, then you will be obligated to fulfill the remainder of your Term Commitment, which will be deemed extended by the full duration of the period that your Service is suspended; and, if you do not fulfill the remainder of your Term Commitment, then the Early Termination Fee (or the restocking fee, as applicable) will become due and will be chargeable automatically by NuriNow to your Card (or through an EFT, if and as applicable).
ATTACHMENT B – ADDITIONAL SERVICES TERMS
If you subscribe to any of the following services (“Additional Services”), the terms and conditions below apply to your use of the service(s) in addition to the terms of the Agreement.
1. EMAIL AND EMAIL MESSAGING SERVICE.
Email Service. Use of NuriNow email service is subject to NuriNow’s email and anti-spam policies, which include important information about limitations on use of the email service such as the storage capacity and deletion of stored messages.
Email Security. NuriNow reserves the right in our sole discretion to provide the level of security we deem appropriate to safeguard our network and customers, and other Internet users, against Internet threats or abuses, including viruses, spam and phishing threats. These security measures may include, but are not limited to, the use of firewalls and blocklists to block potentially harmful or abusive emails or attachments, anti-spam filters, anti-virus and anti-spyware software, and blocking selected ports. Such activities may result in the blocking, filtering or non-delivery of legitimate and non-legitimate email sent to or from your email account. By using any NuriNow-provided email service, you agree that delivery and receipt of email is not guaranteed and to NuriNow’s use of such Internet and email security measures we in our sole discretion deem appropriate.
Email Aliases. NuriNow will issue email aliases (alternate email addresses) based upon availability. You will surrender your alias by changing it or if your account is terminated for any reason and we will not forward emails addressed to that alias. If your Service is reinstated we cannot guarantee your alias will still be available to you.
2. FREE MINUTES
NuriNow offers free minutes with several of the plans. Free minutes are credited at the end of the billing month. If you switch away, or change plans in the middle of the month, you will be charged per minute for the free minutes.
3. Unlimited Voice Service.
Unlimited Voice Service is subject to the following limitations: Local service is limited to 2,500 minutes of use per month; local toll service is limited to 1,000 minutes of use per month; and domestic long distance is limited to 1,500 minutes of use per month. Customers who exceed this allotment will be charged according to rates described in this tariff’s rate schedule.
Unlimited Voice Service does not include calls to hotlines, chatlines, conference calls and other premium services.
4. Internet Filtering and Monitoring Services (NuriNow)
1. For the purposes of this section, NuriNow refers to the suite of internet filtering services offered by NuriNow, and when used to refer to an organization, any NuriNow owned or affiliated entity providing such services.
2. License to download. If you ordered a service that allows downloading of software, this Agreement constitutes a license for you, the Account Administrator (herein referred to as “User”), to download and use NuriNow Software as intended herein. Under the terms of this license, NuriNow Software, intellectual property, advertising, copyrighted material, or any other NuriNow product may not be re-sold without the express written consent of NuriNow. All Users of NuriNow Software must read and agree to the terms of this privacy policy and User agreement.
3. Use of NuriNow Software by Children. Children under the age of 13 must have consent of parent(s) or legal guardian to use NuriNow Software and/or NuriNow Accountability Reports. All Accountability Partners of children under the age of 13 must have consent of parent(s) or legal guardian to act as Accountability Partners.
4. Acknowledgement of User to use and pay for services; payment schedule. You, as the User of NuriNow Software, agree that you are 18 years old or older and are the owner of all computers and mobile digital devices, or have been authorized by the owner of all said devices, on which NuriNow Software is to be installed. Because other people may use said devices, it is incumbent upon you, the User, to ensure that all other Users of said devices have read and agree to this User-Privacy agreement. You also agree to pay a monthly or annual recurring fee for the services of NuriNow Software, to be billed in advance, before the beginning of the service period. Credit cards will be charged in advance of the service, typically 5 to 7 days before the beginning of the next period of service. NuriNow will provide a statement by e-mail to the e-mail address provided in the signup procedure detailing charges that have been made. In the event of termination by you, the User, charges already processed will not be refunded.
5. Cancellation of service; identification of User. Service may be cancelled at any time by you, the User, for any reason or no reason at all upon notice to NuriNow. Uninstalling NuriNow Software does not constitute cancellation of service. In order to cancel, you must call the Customer Support team. NuriNow reserves the right to cancel service for breach of this contract. Moreover, NuriNow, at any time, without advance notice, with or without cause, at its sole discretion, reserves the right to refuse, cancel, and/or discontinue service to any individual or organization. Failure on the part of you, the User, to provide payment for the service of NuriNow will result in termination of service by NuriNow, and until proper Uninstall procedures (provided by NuriNow) are followed, may result in an inability to access the Internet by computers owned and/or operated by User (for the purposes of this agreement, “computer(s)” includes all cell phone devices and/or Personal Digital Devices). In the event NuriNow receives a request to verify any username or password, to cancel any account, or to receive the uninstall code, such will be provided upon our judgment (and solely upon our judgment) that the Account Administrator or other authorized person is the person making such request; it is your responsibility to ensure the security and accuracy of all identification information on your account (including your verification question and its subsequent answer) in this regard.
6. Refund policy. From the date of first service, users who cancel within the first 30 days of service will, upon request, be refunded the entire amount billed during that first 30 days. Beyond the first 30 days of service, in the event of termination by you, the User, charges already processed will not be refunded once the term of service has begun. Only the User or the person whose name is on the account’s credit card can have requests for refunds honored. Any member creating accounts with the intention of bypassing accountability shall forfeit any right for a refund.
7. Privacy; use of information provided to NuriNow. NuriNow is committed to protecting your privacy concerning any information collected under the terms of your agreement(s). In acknowledging your agreement with this policy, you as the User have agreed to allow NuriNow to monitor and/or filter your use of the Internet at your own computer. Certain levels of internet filtering provided by NuriNow require you to assign a person or group of people that will monitor your Internet usage, called Accountability Partners. If you subscribe to such a service, You, the User, agree that your Internet use may be monitored and reported to you and/or your Accountability Partners; monitored Internet use includes, among other things, web browsing, newsgroups, FTP, IP addresses, times of use, and may also include recording and reporting of additional NuriNow accounts owned by you which may have different Accountability Partners. If one or more Accountability Partners are deleted, or if the account is canceled, Accountability Partners may be provided with a then-current report of activity up to the time of deletion or cancellation. In turn, NuriNow promises that any information collected will only be provided to you or your Accountability Partner(s) as per this agreement, except upon specific request by you or your active Accountability Partner(s), and limited to the purposes of said request. Except as noted above, and in paragraph 15, use by NuriNow will be expressly limited to internal use only for the purposes of database management or systems operations; in the event that NuriNow uses any data collected for such internal purposes, no such data will be preserved in any format that is associated with your name or account. Accountability data is kept for 30 days, after which it is permanently and irretrievably deleted from our databases. After deletion, the data cannot be recovered by NuriNow. If a permanent record is desired, it is incumbent upon members and/or Accountability Partners either to make an electronic copy or hard copy of detailed logs or other data. Information which will be retained securely and indefinitely by NuriNow includes names, usernames, passwords, billing information (including credit card), demographics (including IP addresses), and other account information. NuriNow will never share any information gathered under this contract with any third party unless requested by you, the User, or unless required to do so by a court of law; this information includes all information regarding your Internet use, demographic data, your personal address/phone/e-mail information, your credit card information, or any other information gathered under the terms of this agreement. In the event that you sign up for NuriNow Software through any organization which is affiliated with NuriNow (including NuriNow affiliates, strategic partners, resellers, or licensees), you agree to any/all of the said organization’s User/Privacy Agreement(s), which may include the release of your personal contact information to said organization(s). In the event that the person signing up for NuriNow Software is different from the person, persons, and/or organization responsible for payment of the credit card used on the account, it is understood that the phrases “you,” “your,” and/or “you, the User” shall include the person, persons, and/or organization responsible for payment of the credit card used on the account.
8. Restriction against re-selling license to use NuriNow Software. You, as the User, agree not to purchase and then resell NuriNow Software, nor include NuriNow Software as any package which you otherwise sell or market, without express written consent of NuriNow.
9. Voluntary provision of information and agreement to disclose; protection of password. You, as the User, are voluntarily providing NuriNow with certain information and with permission to monitor and record use of the Internet at your computer. You, as the User, agree that all users of your computer and User ID will be informed that monitoring/recording is being made, and that in so being informed, other users will not have their privacy invaded. You should recognize the value of your User ID, and that casually allowing others to use your ID can lead to inappropriately ascribing Internet use to your own account; and you, the User, agree that NuriNow is not responsible for maintaining the privacy of the User ID information either of you or your Accountability Partners (see also paragraph 5).
10. Agreement to comply with laws and restrictions on harmful transmissions. You, as the User, agree that you will comply with all applicable laws regarding Internet use, both now and in the future as laws are generated which may affect use of the Internet. You also agree not to attempt to pursue in any way any transmission of information to NuriNow servers or other equipment which could be harmful to its database or other functions. The transmission of any material in violation of any state or United States regulations is expressly prohibited, and will result in immediate termination of use.
11. No warranty or guarantee of service. NuriNow makes no warranties, express or implied, including, but not limited to, those of merchantability or fitness for a particular purpose. This includes loss of data resulting from delays, nondeliveries, misdeliveries or service interruption however caused. NuriNow does not guarantee continuous or uninterrupted monitoring of Internet use. Routine maintenance and periodic system repairs, upgrades and reconfigurations, public emergency or necessity, force majeure, restrictions imposed by law, acts of God, labor disputes and other situations, including mechanical or electronic breakdowns may result in temporary impairment or interruption of service. Every effort will be made to perform routine maintenance between 3 a.m. and 8 a.m. (EST).
12. Limitations on security of e-mail transmissions. The security of any/all e-mail messages sent by NuriNow cannot be guaranteed on the Internet as information can be intercepted, corrupted, lost, destroyed, arrive late or incomplete, or contain viruses. NuriNow does not accept liability for any errors, omissions or viruses in the contents of e-mail correspondence sent to you or your Accountability Partner which arise as a result of e-mail transmission.
13. Data provided not to be construed as interpretation of the data. Reports and other data provided by NuriNow to you, the User, or to your Accountability Partners consist of data without interpretation. The analysis of sites provided by NuriNow proprietary rating procedures and algorithms is, in itself, data corresponding to results of those procedures and algorithms. Similarly, the summaries of reports, which NuriNow refers to as the “Quick Look,” are also data corresponding to a proprietary procedure and algorithm, and are not, nor are they intended to be, an interpretation of any data. The statements “Report Looks Good,” “Review Suggested,” and “Close Review Recommended” are summaries of data collected and given in the report, are based wholly on the data of individual sites in the report, and do not indicate a pattern of behavior or intent on the part of the User. It is entirely up to you as the User and to your Accountability Partners to interpret the data (including the Quick Look) in terms of the actual content of any particular site or sites, the appropriateness for the User viewing those sites, or any motivation or pattern of viewing by the User.
14. Disclosure as to accuracy of rating. Owing to the ever-changing nature of the Internet, no rating system and/or filter application will perform without error 100% of the time. NuriNow does not accept liability and makes no warranties, express or implied, including, but not limited to, incorrect ratings, which may also result in incorrect blocking and/or allowing websites when the filter is in use, whether the rating is claimed to be too high or too low, of any/all website source code, websites, website domains, website URLs, website titles, and electronic transmissions through any/all Internet protocols. NuriNow strives for perfection in its Dynamic Scoring Filter and Accountability Software applications. Occasionally, but rarely, a website may be rated incorrectly. If you believe a website is rated incorrectly, you may request a rating change. NuriNow reserves the right to accept or deny any/all rating change requests. Final judgment on the rating of any particular website will remain at the sole discretion of NuriNow.
15. Rating Change Request constitutes request to view report. When a rating change request or request by phone, e-mail, or other means for assistance in understanding an Accountability Report is submitted by the User and/or other members on this account and/or an Accountability Partner, said request constitutes permission by you, the User, to allow NuriNow to view said member report for the purpose of analysis. The said request itself shall be retained by NuriNow indefinitely, but the associated report will not be retained, in compliance with paragraph #5 above; however, any portions of reports included in e-mail correspondence between the member or Accountability Partner and NuriNow will be retained by NuriNow for the purposes of documenting the correspondence. NuriNow will not make interpretations of data provided in reports.
16. Indemnification, limit of liability. You shall indemnify NuriNow, its shareholders, affiliates, officers, directors, licensees and licensers from any and all claims and expenses, including, without limitation, attorney’s fees arising from any cause. Furthermore, liability of NuriNow shall in any case be limited to and shall not exceed the total amount of monies paid by you, the User, to NuriNow for use of the NuriNow Software. The parties agree that any dispute arising from this agreement shall have as its venue Brooklyn, NY, wherein are located the offices of NuriNow.
17. Amendments to this agreement. This Agreement may be amended from time to time by NuriNow without notification to users; such amendments may be made either by changes in this Agreement on the NuriNow website, or by e-mail.
18. NuriNow SSL Services.
1. The following terms apply to NuriNow SSL Filtering Services
2. With SSL filtering, the filter examines your SSL-encrypted communications. This means that the filter has access to data which may be sensitive and/or of highly personal nature. This includes, but is not limited to, data from financial institutions, credit card transactions, passwords, merchant accounts, and other accounts. After examination, the information is re-encrypted, and sent to your browser. This patch allows your browser to accept the data, after it has been examined by the filter.
3. NuriNow is committed to safeguarding your sensitive information. The filter system does not retain any of the information it examines, and the data is not available to anyone. The systems are hardened, and protected from hacking. However, it is impossible to anticipate all possible circumstances.
4. You additionally agree to appoint NuriNow and its affiliates as an authorized agent to access any such websites and perform the filtering services on those websites. You agree that it is your sole responsibility to determine whether using NuriNow SSL filter would comply with the website’s terms of services, and you agree to only use NuriNow SSL filter for lawful purposes.
5. By requesting SSL filtering, and installing the software, you agree that you have read and understood the above information. You agree to indemnify and hold harmless NuriNow, NuriNow and its affiliates, for any damages, costs, liabilities, and attorney’s fees we may incur from any claim arising from your use of these services. YOU ACKNOWLEDGE AND AGREE THAT THE SERVICE SUPPLIED HEREUNDER IS PROVIDED ON AN “AS IS” OR “AS AVAILABLE” BASIS, WITH ALL FAULTS. NuriNow (AND ITS OFFICERS, EMPLOYEES, PARENT, SUBSIDIARIES, AND AFFILIATES) (COLLECTIVELY THE “NuriNow PARTIES”), ITS THIRD PARTY LICENSORS, PROVIDERS AND SUPPLIERS, DISCLAIM ANY AND ALL WARRANTIES AND CONDITIONS FOR THE SERVICE, WHETHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE, ACCURACY, NON-INFRINGEMENT, NON-INTERFERENCE, TITLE, COMPATIBILITY OF COMPUTER SYSTEMS, COMPATIBILITY OF SOFTWARE PROGRAMS, INTEGRATION, AND THOSE ARISING FROM COURSE OF DEALING, COURSE OF TRADE, OR ARISING UNDER STATUTE. ALSO, THERE IS NO WARRANTY OF WORKMANLIKE EFFORT OR LACK OF NEGLIGENCE. NO ADVICE OR INFORMATION GIVEN BY NuriNow OR ITS REPRESENTATIVES SHALL CREATE A WARRANTY WITH RESPECT TO ADVICE PROVIDED. IN NO EVENT SHALL THE NuriNow PARTIES OR NuriNow THIRD PARTY LICENSORS, PROVIDERS OR SUPPLIERS BE LIABLE FOR: (A) ANY INDIRECT, PUNITIVE, SPECIAL, CONSEQUENTIAL OR INCIDENTAL DAMAGES, INCLUDING WITHOUT LIMITATION, LOST PROFITS OR LOSS OF REVENUE, LOSS OF PROGRAMS OR INFORMATION OR DAMAGE TO DATA ARISING OUT OF THE USE, PARTIAL USE OR INABILITY TO USE THE SERVICE, OR RELIANCE ON OR PERFORMANCE OF THE SERVICE, REGARDLESS OF THE TYPE OF CLAIM OR THE NATURE OF THE CAUSE OF ACTION, INCLUDING WITHOUT LIMITATION, THOSE ARISING UNDER CONTRACT, TORT, NEGLIGENCE OR STRICT LIABILITY, EVEN IF NuriNow HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH CLAIM OR DAMAGES, OR (B) ANY CLAIMS AGAINST YOU BY ANY OTHER PARTY.
5. Voice over IP Services
1. A high speed internet connection is required in order to use NuriNow’s VOIP phone service; Wi-Fi or 3G/4G may be required for our mobile applications. Our service may not be compatible with home security systems, TTY, and other systems. Your use of our services constitutes acknowledgment of these limitations.
2. Unlimited calling and other services are subject to normal use.
3. e911 Service
1. NuriNow e911 service is different from traditional wireline 911 and cellular/wireless 911, but it is a safe and reliable means of emergency dialing that may differ depending on where you are located, and the device used, when using your VOIP service.
2. NuriNow customers have access to Enhanced 911 (E911), basic 911 or our national emergency call center. With E911 service, when you dial 911 your NuriNow phone number and registered address is sent to the local emergency center serving your location, and emergency operators have access to this information in order to send help and call you back if necessary. With basic 911, when you dial 911, local emergency operators answering the call may not see your NuriNow telephone number or your registered address. The emergency center may not be equipped to receive, capture or retain your NuriNow telephone number and registered address, so you must be prepared to give them this information. Until you give the operator your phone number, he/she may not be able to call you back or dispatch help if the call is dropped or disconnected, or if you are unable to speak. Once local emergency centers are capable of receiving our customers’ information, we automatically upgrade customers with basic 911 to E911 service.
3. If you do not have access to either basic 911 or E911 for any reason, your 911 call will be sent to the NuriNow national emergency call center, where a trained agent will ask for your name, telephone number, and location, and then transfer you to the local emergency center nearest to your location.
4. We require you to provide the physical address where you will be using our service for 911 purposes. For E911 and basic 911, this address is used to route 911 calls to your local emergency center. When you initially provide your physical address, it can take up to 24 hours to verify your address and activate 911 service at this address. You will receive an email letting you know when 911 service is activated.
5. If you move this device to another location, you must update your address. You may register only one location at time. If you do not update your location, your 911 calls may be sent to an emergency center near your old address. When you update your location, it can take several hours to activate 911 service at the updated address. You will receive an email letting you know when 911 service is activated at the updated address.
6. Please note that our 911 Dialing service will not function in the event of a broadband or power outage or if your broadband, Internet Service Provider (ISP), or NuriNow phone service is terminated.
7. 911 Dialing from Mobile Applications. NuriNow mobile applications are not a replacement for your cellular service and you cannot make emergency (e.g., 911) calls using the software. If you attempt to make a 911 call from the mobile application the mobile application will close and the call will be placed over your cellular carrier’s network. However, this does not prevent you from using your mobile phone for making emergency calls via your cellular provider as normal. If you dial internationally recognized emergency service numbers while using a mobile application, the mobile application will close, the native dialer will be launched, and the call will be placed over your carrier’s cellular network. Neither your phone number nor your location will be reported to an emergency operator when dialing an internationally recognized emergency service number.
4. Service Distinctions. Our service may be subject to different regulatory treatment than traditional voice telecommunications service. This treatment may limit or otherwise affect your rights of redress before regulatory agencies. Our service requires high speed broadband or, for certain mobile applications, a WIFI or other data connection (e.g. 3G/4G) which we do not provide unless separately ordered. Certain of our other services may be used with devices such as wireless telephones, mobile telephones, smartphones, PDA’s, tablets or pads which we may or may not provide. Events beyond our control may affect our service, such as power outages, fluctuations in the Internet, your underlying ISP or broadband service, system maintenance or acts of God. We will act in good faith using commercially reasonable efforts to minimize disruptions to your use of and access to our service.
5. Residential and Mobile Use of Service and Device. NuriNow VOIP service is a single (and not extended or multi-) family residential voice service. It is engineered to process and deliver traffic profiles and utilization levels of our typical residential customers’ calling patterns (also referred to as “normal use” by residential plan customers). “Typical” refers to the calling patterns of at least 95% of our customers on a particular calling plan. Normal residential traffic profiles and utilization may arise from business, multiple or extended family, community or fraudulent use. “Unlimited” does not refer to those types and levels of usage. Telephone utilization that is indicative of, or arising from, impermissible business, multiple family, community or fraudulent use, as outlined herein, on a residential class of service line may create network congestion that will manifest itself in increased busy signals for themselves and others. NuriNow’s residential unlimited service plans and features are for single (and not extended or multi-) family residential (or personal, non-commercial) or co-branded use only. Co-branded use is defined as NuriNow service that is provided by a third party partner under that third party partner’s marketing brand, with or without reference to NuriNow. This means that only the account holder and residential family members (as defined below), may use NuriNow’s residential unlimited service plans. “Residential family members” refer to those members of your immediate family who reside in your personal residence – e.g., spouse, domestic partner, parents and/or children. If your residential service plan allows you to extend the service or feature(s) to another residential or mobile number, all use under that service plan is aggregated and must conform to single ( and not extended or multi-) family residential (or personal, non-commercial) or co-branded use. NuriNow’s mobile unlimited service plans and features are for normal, personal non-commercial use and are device specific. Use of NuriNow’s unlimited mobile plans must be in accordance with this Reasonable Use Policy and these Terms of Service, and consistent with other typical customers on the same mobile calling plan. Unauthorized or excessive use beyond that normally experienced by typical mobile customers on the same plan may cause busy signals and may result in service termination.
6. Use Inconsistent with Normal Use. If you use the service, any feature and/or any device (including, but not limited to, your personal computer(s), mobile phone(s) or NuriNow equipment) in a way that is inconsistent with the normal use for your service, feature or plan, you will be required, at NuriNow’s sole discretion, to (a) pay the rates for the service, feature or plan that would apply to the way you used the service, feature or device, (b) change to a more appropriate plan or (c) terminate the plan. For example, if you subscribe to one of our residential service plans, and your aggregate usage is inconsistent with normal residential or personal use, you may thereafter be required to pay our applicable, higher rates for service for all periods in which your use of our service or the device was inconsistent with normal residential use. Unlimited voice services are provided primarily for continuous live dialogue between two individuals. Lack of continuous dialogue activity, unusual calling patterns, excessive conferencing or call forwarding, excessive numbers dialed and/or consistent excessive usage (which may also apply to features such as Directory Assistance) will be considered indicators that your use may be inconsistent with normal use by other NuriNow customers aggregating their usage under a similar service plan, or that impermissible use as set forth in Section 10 and/or in the Reasonable Use Policy may be occurring and may trigger an account review or further action by us.
A non-exhaustive list of examples of uses of our service that are generally considered to be impermissible and inconsistent with normal residential or co-branded use, include, but are not limited to, use:
1. by or for others who do not live with you
2. operating a business, even if operating from the residence
3. at a multi-residential address for more than one single residence
A non exhaustive list of examples of uses of our service that are generally considered to be impermissible and inconsistent with either single (and not extended or multi-) family residential or small or home business use, or co-branded use, include, but are not limited to, use:
4. operating any other enterprise, including not-for-profit or governmental
5. operating a call center
6. resale to others
7. auto-dialing or fax/voice blasts
8. telemarketing
9. without live dialogue, including as a monitor, intercom or for transcription
NuriNow evaluates customer usage in comparison to similarly situated customers, e.g., residential use under residential service plans or small business use under small business service plans or affiliate use under co-branded service offers or plans. For example, over ninety five per cent (95%) of NuriNow’s residential unlimited calling plan customers use less than three thousand (3000) minutes per month and do not have any unusual calling patterns. We may conclude that a customer’s aggregate usage is outside of normal use if it exceeds 3000 minutes per month IN COMBINATION with one or more of the following, including, but not limited to, excessive:
10. number of unique numbers called
11. call lengths
12. frequency of call forwarding/transferring
13. conference calling
14. excessive calls to conference bridges
15. short duration calls or chats
16. calls made during business hours
17. number of calls terminated and re-initiated consecutively, which, in the aggregate, result in excessive call lengths during a specific time frame; or
18. other abnormal calling patterns indicative of an attempt to evade enforcement of these Terms of Service and our Reasonable Use Policy
NuriNow may also determine that abnormal, unreasonable or impermissible usage is occurring, and may take appropriate steps described below even if the number of minutes used is not excessive, when a customer’s calling patterns during more than one month reflect excessive:
19. unique numbers called;
20. call lengths;
21. frequency of call forwarding/transferring;
22. conference calling;
23. short duration calls;
24. number of calls terminated and re-initiated consecutively, which, in the aggregate, result in excessive call lengths during a specific time frame; or
25. other abnormal calling patterns indicative of an attempt to evade enforcement of these Terms of Service and our Reasonable Use Policy.
NuriNow may take appropriate steps to enforce these Terms of Service and our Reasonable Use Policy. We reserve the right to review your account and take further action, including, but not limited to, immediate suspension of your NuriNow service if account usage is beyond normal standards, impermissible or detrimental to other customers’ ability to use the service or adversely affects our operations. We may assess abnormal usage based on comparisons to the usage patterns and levels of our other customers. If we determine that you are engaging in abnormal or impermissible usage, we will use commercially reasonable efforts to inform you and provide you with the opportunity to correct the improper usage. If we give you the opportunity to correct your abnormal usage patterns and you fail to immediately conform to normal use, we may exercise our right to transfer your service to a more appropriate plan, charge applicable rates or suspend or terminate your service. You acknowledge that if your service is terminated under this provision, you are subject to all applicable fees and taxes at the time your service is terminated. NuriNow’s right to terminate your account under these terms of service (with or for no reason) is not limited by this provision.
7. No 0+ or Operator Assisted Calling; May Not Support x11 Calling. Our service does not support 0+ or operator assisted calling, including, without limitation, collect calls, third party billing calls, 900, or calling card calls. Our service may not support 311, 511, and other x11 services in one or more service areas. Our service may support specified dialing such as 911 and 411, although certain mobile applications may not provide such dialing services. 411 charges may vary by plan.
8. No Directory Listing. The phone numbers you get from us will not be listed by us in any telephone directories. However, any phone numbers you transfer from your local phone company may be or remain listed. We have no control over directory listings.
9. Incompatibility With Other Services.
1. Non-Voice Equipment Limitations.You acknowledge that our service may not be compatible with all non-voice communications equipment, including but not limited to home security systems, TTY, medical monitoring equipment, certain versions of TiVo, AOL, Netflix and other streaming services, cable television services, FiOS, satellite television systems, PBX, Centrex, other private telephone networks, or computer modems. You waive any claim against NuriNow for interference with or disruption of these services and equipment, as well as any claim that NuriNow is responsible for any disruption to your business, if applicable.
2. Certain Broadband, Cable Modem, and Other Services. You acknowledge that our service may not be compatible with certain cable broadband service (such as AOL) and certain versions of TiVo. There may also be other services with which our service may be incompatible. Some providers of broadband service may provide modems that prevent the transmission of communications using our service. We do not warrant that our services will be compatible with all broadband services and expressly disclaim any express or implied warranties regarding the compatibility of our service with any particular broadband service
10. Our right to disconnect service; upgrade software. We reserve the right to suspend or discontinue service generally, or to disconnect your service, at any time. In addition, we reserve the right to immediately disconnect your service at any time without notice. A non-exhaustive list of instances where we may disconnect your service without notices is:
1. Unlawful or inappropriate use: If we determine in our discretion that you have used our service or the device for an unlawful or inappropriate purpose. If we determine that the use or content does not conform to the requirements in this agreement or that it interferes with our ability to provide service to you or others. In addition, you shall not use the Service or the Box to impersonate another person; send bulk unsolicited messages; use robots, data mining techniques or other automated devices or programs to catalogue, download, store or otherwise reproduce or distribute information from the Service or use any such automated means to manipulate the Service; use the Service to violate any law, rule or regulation; violate any third party’s intellectual property or personal rights; or exceed your permitted access to the Service. Subject to applicable law, we may, but are under no obligation to, monitor usage of the Service for violations of this Agreement. We may remove or block any or all communications if we suspect a violation of this Agreement or if we deem it necessary in order to protect the Service, or NuriNow, its parent, affiliates, directors, officers, agents and employees from harm.
2. Non-payment: If any charge to your payment method is declined or reversed, your payment method expires and you have not provided us with a valid replacement payment method, or in case of any other non-payment of account charges.
3. Violation of laws of jurisdictions: If we determine that you have used our service or your device in violation of laws of jurisdictions outside of NuriNow service areas.
4. Inconsistent use: If we determine that your use of the service, features, or the device is, or at any time was inconsistent with normal inbound or outbound usage patterns for the type of service or plan that you have purchased, or that you have at any time used the service, feature or the device for any of these or similar activities.
5. Tampering: If we determine that you have tampered with your device.
11. Disclaimer of Warranties: OTHER THAN EXPRESS WARRANTIES FOR THE DEVICE IN THE DOCUMENTATION THAT COMES WITH YOUR DEVICE AND THE RETAIL CUSTOMER LIMITED WARRANTY IN THIS AGREEMENT, WE MAKE NO WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, AND SPECIFICALLY DISCLAIM, ANY WARRANTY OF MERCHANTABILITY, FITNESS OF THE DEVICE FOR A PARTICULAR PURPOSE, AVAILABILITY, TITLE OR NON-INFRINGEMENT, OR ANY WARRANTY ARISING BY USAGE OF TRADE, COURSE OF DEALING, OR COURSE OF PERFORMANCE, OR ANY WARRANTY THAT THE DEVICE OR ANY FIRMWARE OR SOFTWARE IS “ERROR FREE”, AVAILABLE FOR THE SENDING OR RECEIPT OF CALLS OR WILL MEET YOUR REQUIREMENTS. THIS SECTION DOES NOT LIMIT ANY DISCLAIMER OR LIMITATION OF WARRANTY IN THE DOCUMENTATION PROVIDED WITH YOUR DEVICE. THIS WARRANTY GIVES YOU SPECIFIC LEGAL RIGHTS, AND YOU MAY ALSO HAVE OTHER RIGHTS WHICH VARY FROM STATE TO STATE.
12. PROHIBITED USES; UNLAWFUL USES AND INAPPROPRIATE CONDUCT.
1. Lawful purposes only. You may use our service and your device only for lawful, proper and appropriate purposes. You may not use our service or your device in any way that is illegal, fraudulent, improper or inappropriate.
2. Monitoring. We may monitor the use of our service for violations of these Terms of Service. We may remove or block all communications if we suspect a violation of this agreement, or if we think it necessary in order to protect our service, or NuriNow, its parent, affiliates, directors, officers, agents, and employees from harm.
3. Providing information to authorities and third parties. If we believe that you have used our service or your device for an unlawful purpose, we may forward the relevant communication and other information, including your identity, to the appropriate authorities for investigation and prosecution. You consent to our forwarding of any such communications and information to these authorities. In addition, you hereby agree that we may disclose your name, telephone number, credit card information, and other personal information, any communications sent or received by you, and any other information that we may have about your account, including but not limited to, types of service, length of service, MAC address(es), IP address(es), email address(es), registered 911 address, and all other account information, as follows:
1. in response to law enforcement or other governmental agency requests;
2. as required by law, regulation, rule, subpoena, search warrant, or court order;
3. as necessary to identify, contact, or bring legal action against someone who may be misusing the service, the device, or both;
4. to protect NuriNow’s rights and property; or
5. in emergency situations where disclosure of such information is necessary to protect NuriNow customers or third parties from imminent harm.
4. Use of Service and Device by Customers Outside the United States. We encourage you to use our service to call foreign countries from the United States and to use our service as you travel. Technical and customer care support is offered only in the United States. Our service is designed to work generally with unencumbered high-speed internet connections. However, if the high-speed internet connection you are using is not within a NuriNow service area, or your ISP or broadband provider places restrictions on using VoIP services, we do not claim that they will allow you to use our service. You will be solely responsible for any violations of local laws and regulations or violations of ISP and broadband provider terms of service because of your use of our service. If you ship a device outside the United States for use in another country, you are solely responsible for determining and adhering to compliance with all applicable customs, import/export, regulatory, tax (including VAT) and other laws and costs\expenses and penalties regarding the transport, distribution and use of such device and the service.
5. No Transfer of Service. You are the sole account holder for the service for all purposes and are solely responsible for all charges incurred on the account, regardless of changes to the account, including billing information. You are also responsible for all usage and charges on all devices and features including Extensions® phone(s) registered with NuriNow, as well as charges for aggregated domestic and international usage made by you and others you have authorized to use your service. You may not resell or transfer your service or account or provide a telephone service to anyone else by using your NuriNow service or features of your NuriNow service without first getting our written consent. In no event may your account be assigned to a non-U.S. resident. IF YOU ACQUIRE A DEVICE FROM SOMEONE OTHER THAN NuriNow OR A NuriNow AUTHORIZED RESELLER, OR THAT PREVIOUSLY WAS ASSIGNED TO ANOTHER’S ACCOUNT, NuriNow DISCLAIMS ALL WARRANTIES, DAMAGES AND LIABILITIES YOU MAY INCUR BY VIRTUE OF YOUR USE OF SUCH DEVICE, INCLUDING BUT NOT LIMITED TO, THE WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT. Attempted assignments of service and accounts through changes in account and billing information does not relieve you of liability and responsibility for use of the service and features, or for charges on the account unless we have not consented to the assignment in writing or unless we actively facilitate the assignment as evidenced in our Customer Care records. You may elect to authorize others to access your account by calling us at 1-646 722 7200.
6. No Alterations or Tampering. If you copy or alter or have someone else copy or alter the firmware or software of the device or any mobile application in any way that facilitates a compromise of our service, you are responsible for any charges that result and damages incurred by NuriNow as a result. You may not attempt to hack or otherwise alter or disrupt our service or make any use of our service that is inconsistent with its intended purpose.
7. Theft of Service. You may not use, obtain or facilitate use of our service, directly or indirectly through others, in any manner that avoids NuriNow policies and procedures, including an illegal or improper manner You will notify us immediately at 1-646-722-7200 if your device is stolen or if you believe that your service is being stolen, fraudulently used, or otherwise being used in an unauthorized manner. When you notify us of one of these events, you must provide your account number and a detailed description of the circumstances of the theft, fraudulent use, or unauthorized use of service. If you fail to notify us in a timely manner, we may disconnect your service and levy additional charges on you as permitted under these Terms of Service. Until you notify us, you will be liable for all use of our service using a device stolen from you and any stolen, fraudulent, or unauthorized use of our service whether or not it involves a stolen device.
8. Unauthorized Usage of Device; Firmware or Software. Unless your plan specifically provides you with a license to use our firmware or software, you have not been granted any license to use the firmware or software we use to provide our service or that we provide to you in providing our service, or that is embedded in your device, or accessible via mobile application other than a nontransferable, revocable license to use the firmware or software in object code form (without making any modification to it) strictly according the terms and conditions of these Terms of Service. You also agree that you will use your device exclusively for our service. We will not provide any passwords, codes, or other information or assistance that would enable you to use your device for any other purpose. We reserve the right to prohibit the use of any interface device that we have not provided to you. You warrant that you possess all required rights, including software or firmware licenses, or both, to use any interface device that we have not provided to you. You may not undertake, cause, permit or authorize the modification, creation of derivative works, or translate, reverse compile, disassemble, hack or reverse engineer, or otherwise attempt to derive the source code from the binary code of the firmware or software. You shall not use the mobile application software to develop any software or other technology having the same primary function, including but not limited to using the software in any development or test procedure that seeks to develop like software or other technology, or to determine if such software or other technology performs in a similar manner as the software.
9. Vanity Number Porting; You may not obtain vanity numbers from NuriNow and then attempt to sell, resell, or actually sell or resell such vanity numbers.
13. Limitation of Liability. We will not be liable for any delay or failure to provide service, including 911 Dialing, or your blocking of an emergency number (e.g., Police, Fire Department, Hospital) at any time or any interruption or degradation of voice quality that is caused by any of the following:
1. Third party omission an act or omission of an underlying carrier, service provider, vendor, or other third party;
2. Equipment failure equipment, network, or facility failure;
3. Equipment modification equipment, network, or facility upgrade or modification;
4. Force majeure force majeure events such as (but not limited to) acts of God, acts of nature, strikes, fire, war, riot, acts of terrorism, and government actions;
5. Equipment shortage equipment, network, or facility shortage;
6. Equipment relocation equipment or facility relocation;
7. Loss of power service, equipment, network, or facility failure caused by the loss of power to you; or to us
8. Outages outage of, or blocking of ports by, your ISP or broadband service provider or other impediment to usage of service caused by any third party;
9. Acts or omissions any act or omission by you or any person using our service or the device provided to you; or
10. Other causes any other cause that is beyond our control, including, without limitation, a failure of or defect in any device, the failure of an incoming or outgoing communication, the inability of communications (including, without limitation, 911 Dialing) to be connected or completed, or forwarded.
14. Disclaimer of Liability for Damages. Our aggregate liability under this agreement will in no event exceed the service charges with respect to the affected time period. IN NO EVENT will NuriNow, its officers, directors, employees, affiliates or agents or any other service provider who furnishes services or devices to you in connection with our service be liable for any damages, including but not limited to personal injury, wrongful death, property damage, loss of data, loss of revenue or profits, or damages arising out of or in connection with the use or inability to use a device or the service, including inability to get or receive dial tone, access emergency service personnel through the 911 dialing service, or delays in the delivery of emergency services accessed through the 911 dialing service, or to obtain emergency help. NuriNow further disclaims any and all liability arising out of any resale, reuse, or refurbishment of the device without NuriNow’s prior authorization. These limitations apply to claims founded in breach of agreement, breach of warranty, product liability, tort, and any and all other theories of liability. These limitations apply whether or not we were informed of the likelihood of any particular type of damages.
15. Disclaimer of 911 Liability. We disclaim all responsibility for the conduct of local emergency response centers and the national emergency calling center. We do not have any control over any local emergency response center. Therefore, we are not responsible for whether they answer calls using our 911 dialing service, how they answer these calls, or how they handle them. We rely on third parties to assist us in routing 911 dialing calls to local emergency response centers and to a national emergency calling center. We are neither liable nor responsible if the data used by a third party to route calls is incorrect or produces an erroneous result or results in the delay of the delivery of emergency services. Neither NuriNow nor its officers or employees may be held liable for any claim, damage, or loss, fine, penalty, cost, and expense (including, without limitation, attorneys fees) by, or on behalf of, you or any third party or user of our service, relating to our service, including, without limitation, 911 Dialing, or your device.
16. EXPORT CONTROLS You agree to comply fully with all relevant export laws and regulations of the United States, including but not limited to the U.S. Export Administration Regulations, administered by the Department of Commerce, Bureau of Industry and Security. You also expressly agree that you shall not export, directly or indirectly, re-export, divert, or transfer any portion of our service or any direct product to any destination, company, or person restricted or prohibited by U.S. export controls.
6. Inside Wire Maintenance
1. NuriNow offers Inside Wire Maintenance (“IWM”) for residential and business customers. Having the plan is not a prerequisite for obtaining service from NuriNow. As an NuriNow customer you are responsible for maintaining all premise Telecommunications Wire and Telecommunications Equipment (e.g. phones, faxes, computer modems, alarms, etc.). Premise Telecommunications Wire (“Telecommunications Wire”) is the wire extending from the network interface (the point where NuriNow’s network facilities connect to your premise, and is generally mounted on the exterior wall) up to and including your jacks. The following terms and conditions will govern the provision of the IWM service:
2. Description of the Plan: In accordance with NuriNow’s standard procedures, NuriNow will perform such diagnostics and repairs to the Customer’s standard inside telephone wire and jack(s) associated with each NuriNow dial tone line covered under the Plan (subject to the Plan Exclusions listed below) that become necessary and are reported to NuriNow while you are enrolled under the Plan. Trouble isolation can often be accomplished through office testing facilities. We reserve the right to dispatch at our discretion to isolate service problems. If the problem is found to be in your telephone equipment, inside wire, or jack(s), you will not be billed a service charge. To request maintenance service, the Customer should contact NuriNow repair at 646 722 7200 and follow the voice prompts.
3. Charges. The charges for the Plan are subject to change by NuriNow from time to time, as more fully described in the next paragraph. All charges, plus all applicable taxes, shall be due and payable by the due date stated on NuriNow’s bill. Payments received after that date may be subject to a late payment charge.
4. CHANGES IN MONTHLY CHARGES, TERMS AND CONDITIONS: THE CHARGES FOR THE PLAN, AND ANY OTHER TERMS AND CONDITIONS APPLICABLE TO THE PLAN, MAY BE CHANGED BY NuriNow AT ANY TIME UPON AT LEAST THIRTY (30) DAYS PRIOR WRITTEN NOTICE (WHICH MAY BE IN THE FORM OF A BILL INSERT OR OTHER WRITTEN NOTIFICATION). THE PAYMENT OF APPLICABLE CHARGES BY THE CUSTOMER, OR A REQUEST FOR SERVICE UNDER THE PLAN, AFTER RECEIVING SUCH NOTICE OF A CHANGE IN THE CHARGES OR OTHER TERMS AND CONDITIONS WILL BE DEEMED TO BE ASSENT BY THE CUSTOMER TO THE CHANGE(S) IN THE CHARGES, TERMS OR CONDITIONS. IF THE CUSTOMER DOES NOT WISH TO CONTINUE RECEIVING THIS PLAN UNDER SUCH REVISED CHARGES, TERMS OR CONDITIONS, CUSTOMER MAY SIMPLY TERMINATE PARTICIPATION UNDER THE PLAN AT ANY TIME UPON NOTICE TO NuriNow.
5. Limited 30-Day Warranty NuriNow warrants for a period of 30 days that work performed and products delivered under the Plan will meet accepted industry practices and be free from defects in materials or workmanship. Should any work performed hereunder fail to meet these standards and be reported to NuriNow within said 30-day period, NuriNow shall re-perform the nonconforming services, and/or repair or replace the nonconforming product(s). Such re-performance of work and/or repair or replacement billed a service charge.
6. Limitation of Liability. THE LIABILITY, IF ANY, OF NuriNow, ITS AFFILIATED COMPANIES, THEIR EMPLOYEES, AGENTS AND CONTRACTORS TO THE CUSTOMER OR TO ANY OTHER PERSON FOR DAMAGES RESULTING FROM THE PROVISION OF OR FAILURE TO PROVIDE SERVICE UNDER THE PLAN, OR FROM ANY FAULT, FAILURE, DEFECT OR DEFICIENCY IN ANY SERVICE, LABOR, MATERIAL, WORK OR PRODUCT FURNISHED IN CONNECTION WITH THE PLAN, SHALL BE LIMITED TO AN AMOUNT NOT TO EXCEED $500.00. IN NO EVENT, HOWEVER, SHALL NuriNow, ITS AFFILIATED COMPANIES, THEIR EMPLOYEES, AGENTS AND CONTRACTORS HAVE ANY LIABILITY FOR SPECIAL, INDIRECT, INCIDENTAL OR CONSEQUENTIAL DAMAGES RESULTING FROM THE PROVISION OF OR FAILURE TO PROVIDE SERVICE UNDER THE PLAN, OR FROM ANY FAULT, FAILURE, DEFECT OR DEFICIENCY IN ANY SERVICE, LABOR, MATERIAL, WORK OR PRODUCT FURNISHED IN CONNECTION WITH THE PLAN (SUCH AS, BUT NOT LIMITED TO, TELEPHONE SERVICE OUTAGES AND ANY LOSS OF USE OF WIRING, JACKS OR TELEPHONE EQUIPMENT, AND ANY DAMAGES RESULTING THEREFROM). THESE LIMITATIONS OF AND EXCLUSIONS FROM LIABILITY SHALL APPLY REGARDLESS OF WHETHER A CLAIM OR REMEDY IS SOUGHT IN CONTRACT, TORT (INCLUDING NEGLIGENCE AND STRICT LIABILITY), OR OTHERWISE.
7. Exclusions. The Plan does not apply to repair of/or:
1. Wire/cable larger than 8-pair, unless otherwise expressly agreed by NuriNow. Provided, however, if problems are determined to be caused by defective conductors in wire/cable larger then 8-pair, NuriNow will re-terminate service to useable conductors to restore service; to the extent that spare useable conductors are available and to the extent that access to the point of termination is not denied by the Customer, the building owner or the building manager.
2. Wire or jack malfunctions or problems which arise prior to the commencement of the Customer’s coverage under the Plan, or which are caused by misuse, abuse, riot, acts of war, terrorism, malicious activity, vandalism, riot., fire and acts of nature other than lightning, such as floods, windstorms and earthquakes.
3. Inside telephone wiring and jack(s) which are non-standard or do not comply with Part 68 of the Federal Communications Commission, NEC, ANSI/ICEA Rulesand Guidelines, or fail to meet NuriNow’s technical standards. NOTE: If it is possible to fix the trouble by making temporary repairs to non or sub-standard wiring, IWMP will cover the temporary repairs;
4. Malfunctions resulting from the use of telephone lines intended for voice grade transmission to transmit or receive data or signals beyond the operating capabilities of the line;
5. Restoration of your premises if you ask NuriNow to repair concealed wire
6. The Customer’s telephones or other premises equipment
7. Inside telephone wiring, jacks or other items used in connection with your telephone line if the line is provided by a Company other than NuriNow
8. Repair or replacement caused by fire and/or burst pipes. (This is normally covered under the customer’s homeowner insurance.)
9. Repair of damage caused by a second party. For example, carpet layer/contractor cutting IW or damaging IW or jacks
10. Repair of marine, recreational vehicle (RV), and construction trailer jacks and wiring
11. Repair of IW or jacks associated with complex IW, WATS or data services
12. Repair of customer provided equipment (instruments, modems, security systems, satellite TV dishes, etc.). Repair of jacks not previously connected to the line reported
13. Extensions located at a different address. (IWMP covers IW that is within the same property lines as the main line)
8. If a NuriNow Technician comes to your home to perform repairs to your inside wire or jack(s), and the problem is in your telephone or associated equipment (e.g., modem or fax machine), you will be required to pay a Maintenance Premises Visit Charge for the visit plus a minimum 30 minute labor charge at NuriNow’s then-applicable rates.
9. On all repairs NuriNow does not “fish” walls. If wall-run wire cannot be used to run replacement wire the NuriNow Technician will run replacement cable via baseboard only.
10. TERMINATION The Customer may terminate participation in the Plan at any time simply by notifying NuriNow’s local business office (or such other number that NuriNow may designate for such purpose). NuriNow may terminate the Customer’s participation in the Plan without cause only upon thirty (30) days prior notice to Customer, but at any time in the event Customer fails to pay all applicable charges when due.
11. EFFECTIVE DATE Commencement and termination of coverage under the Plan shall be effective on a date to be determined by NuriNow, which shall not be more than 30 days after NuriNow receives the Customer’s request(s) to commence or terminate the Plan.
12. CHOICE OF LAW Except as otherwise required by law, the Customer and NuriNow agree that the Federal Arbitration Act and the substantive laws of the state of the Customer’s billing address, without reference to its principles of conflicts of laws, will be applied to govern, construe and enforce all of the rights and duties of the parties arising from or relating in any way to the subject matter of this Agreement. UNLESS THE CUSTOMER AND NuriNow AGREE OTHERWISE, THE CUSTOMER AND NuriNow CONSENT TO THE EXCLUSIVE PERSONAL JURISDICTION OF AND VENUE IN AN ARBITRATION OR SMALL CLAIMS COURT LOCATED IN THE COUNTY OF THE CUSTOMER’S BILLING ADDRESS FOR ANY SUITS OR CAUSES OF ACTION CONNECTED IN ANY WAY, DIRECTLY OR INDIRECTLY, TO THE SUBJECT MATTER OF THIS AGREEMENT OR TO THE SERVICE. Except as otherwise required by law, including state laws relating to consumer transactions, any cause of action or claim the 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.
