1. Nsight Civil Subpoena Compliance
2. Internet Service Description and WiFi Performance
3. Customer Rights and Acceptable Use Policy
4. Copyright Policy & Digital Millennium Copyright Act Notice
7. Residential Terms and Conditions
8. Smart Wi-Fi Manager Terms and Conditions, Privacy Policy
Download the Nsight Civil Subpoena Compliance
Internet Service Description
Nsight Telservices offers residential and commercial customers their choice of a variety of broadband Internet access service tiers, each of which offers varying speeds and features that may affect the suitability of such service for real-time applications. The features, pricing and other commercial terms of our service offerings are modified from time to time and not all packages are available in all areas. Each package is priced to reflect the particular speed and features of that package.
The FCC requires that we disclose information regarding the expected and actual speed and latency of our Internet access service offerings. Nsight Telservices provisions its customers’ modems and engineers its network to maximize our customers’ ability to receive the maximum speed levels for each tier of service. However, Nsight Telservices does not guarantee that a customer will achieve those speeds at all times. Like all other Internet Service Providers (ISPs), Nsight Telservices advertises its speeds as “up to” a specific level based on the tier of service to which a customer subscribes. The “actual” speed a subscriber experiences may vary based on a number of factors and conditions, many of which are beyond the control of an ISP such as Nsight Telservices. These conditions include:
WiFi Performance
Customer understands that WiFi utilizes public, unlicensed radio-frequency spectrum. As such, WiFi within your home or business is subject to external interferences, environmental influences, and other factors and variables beyond our reasonable control. Performance and availability may vary, including but not limited to or affected by,
We are not responsible for data lost or misdirected due to these and other foreseeable and unforeseeable factors. Network speed is an estimate based off direct hard-wired connection to your provided router and is no indication of the speed at which your WiFi device or WiFi will operate.
U.S. Anti-Bot Code of Conduct:
Nsight supports the Federal Communications Commission’s (FCC) Communications Security, Reliability and Interoperability Council (CSRIC) U.S. Anti-Bot Code of Conduct for Internet Service Providers.
Customer Rights
Welcome to the Internet sites operated by Nsight Telservices and affiliates of Nsight Telservices. Nsight Telservices understands the private nature of your business and/or personal information and takes strident efforts to ensure the security of your information. We’re a proponent of our customers’ rights as it applies to telecommunications. This includes not only your right to privacy but also your right to choice, timely redress, disclosure and much more, as detailed in our the consumer bill of rights below.
Acceptable Use Policy
By using Nsight’s broadband ISP service, Customer agrees to be bound by, and comply with, this Acceptable Use Policy (“AUP”) and any Terms and Conditions associated with the service(s) to which the customer subscribes. Nsight reserves the right to change or modify the AUP and Terms and Conditions at any time at its discretion. Any changes or modifications become effective when posted. Customer’s use of Nsight’s broadband ISP service after the changes or modifications have been posted shall constitute acceptance of all such changes or modifications.
1. Enforcement and Notification. Any user which Nsight, at its sole discretion, determines has violated the terms of this AUP or Terms and Conditions may be subject to Nsight taking action to enforce this AUP and Terms and Conditions. Those actions may include, but are not limited to, warning the violating user, suspending the violating user’s account(s), or terminating the violating user’s account(s). Nsight may, when feasible, attempt to notify the user of the violation and allow the user to correct the violation. However, notification is not required nor does a failure to notify a user limit the actions Nsight may take.
Nsight reserves the right to immediately suspend or terminate a user’s service without notice in response to a legal order or government notice that certain conduct must be terminated immediately. In addition, Nsight reserves the right to immediately suspend or terminate a user’s service without notice if Nsight reasonably determines that a user’s conduct: (a) violates any applicable law or regulation; (b) exposes Nsight to criminal or civil liability, prosecution, or sanctions; (c) exposes Nsight’s network or Nsight’s customers’ network or property to harm; (d) interferes with the integrity or normal operations of Nsight’s network; or, (e) interferes with another Nsight customer’s use of Nsight’s broadband ISP service.
Nsight reserves the right to remove, block, filter, or restrict the transmission of any material or content that Nsight determines, at its sole discretion, is unlawful. Such transmission, or attempted transmission, violates this AUP and Terms and Conditions and Nsight may take action as described above.
2. Prohibited Conduct and Activities. The Nsight network must be used in a manner consistent with the intended use and purpose of Nsight’s network and services provided to the customer and may only be used for lawful purposes. Customers are prohibited from using Nsight’s network and services in order to transmit, distribute, or store material that in any way is unlawful, that is harmful to or interferes with Nsight’s network or services, or that adversely affects, or interferes with, the use or enjoyment of Nsight’s network or services by other users. In addition, the conduct and activities listed below are specifically prohibited. The list is not exclusive. Failure to specifically list a prohibited conduct or activity does not imply or confer that said conduct or activity is permitted or lawful.
a. Unlawful Activities. Nsight’s services shall not be used in connection with any criminal, civil or administrative violation of any applicable local, state, federal, national or international law, treaty, court order, ordinance, regulation, or administrative rule. Customer shall not use Nsight’s network or services to transmit any material whose transmission is unlawful under any law applicable to such transmission.
b. Harm to Minors. Customer shall not use Nsight’s network or services to harm, or attempt to harm, minors in any way.
c. Child Pornography. Customer shall not use Nsight’s network or services to publish, submit, receive, upload, download, post, use, copy, produce, transmit, distribute, or store child pornography.
d. Threatening Material or Conduct. Customer shall not use Nsight’s network or services to host, post, transmit, or re-transmit any content or material that harasses or threatens or encourages bodily harm or destruction of property.
e. Inappropriate Content. Nsight reserves the right to remove or restrict posting of materials that, at
Nsight’s sole and reasonable discretion, is determined to be obscene, indecent, defamatory, libelous, hateful, malicious, threatening, abusive, racist, excessively violent, promoting use of violence against others, fraudulent, or treasonous.
f. Harassment. Customer shall not use Nsight’s network or services to transmit any material that unlawfully or otherwise harasses another.
g. Intellectual Property. Customer shall not use Nsight’s network or services to publish, submit, receive, upload, download, post, use, copy, reproduce, transmit, re-transmit, distribute, or store any material that may be subject to protection under privacy, publicity, or other personal rights and Intellectual Property rights including, but not limited to, copyright, patent, trademark, trade dress, and trade secret. Customer shall not use Nsight’s network or services in any manner that would dilute, misappropriate, infringe, or violate any such rights.
h. Fraudulent or Misleading Content. Customer shall not use Nsight’s network or services to transmit or distribute material containing fraudulent offers for goods and services or any advertising containing false, deceptive, or misleading statements, claims, or representations.
i. Harmful Content. Customer shall not use Nsight’s network or services to transmit, distribute, or store material that may be harmful to or interfere with Nsight’s network and services or any third party’s network, service, or system. This includes, but is not limited to, viruses, worms, and Trojan horses
j. Forgery or Impersonation. Customer shall not use Nsight’s network or services to add, remove, or modify identifying information in an effort to deceive or mislead the recipient of such information or in an attempt to impersonate another person.
k. Unauthorized Access. Customer shall not use Nsight’s network or services to access, or to attempt to access without authorization, the accounts of others or to gain access to Nsight’s network, databases, or systems, whether or not the attempt or intrusion is successful.
l. Unsolicited Commercial or Bulk E-mail. Customer shall not use Nsight’s network or services to transmit unsolicited commercial e-mail, unsolicited bulk e-mail, or any such e-mails which could reasonably be considered “spam.” In addition, Customers are prohibited from using another provider’s service to send “spam” to promote a site hosted on or connected to Nsight’s network or services. Customers shall also refrain from using Nsight’s network and services to: (1) send e-mail messages, which are excessive and/or intended to harass or annoy others; (2) continue to send e-mail messages to a recipient that has indicated they no longer wish to receive them; (3) send an e-mail with a forged TCP/IP packet header information; (4) send malicious e-mail, including, without limitation, “mail-bombing”; or, (5) send or receive e-mail messages in a manner that violates the use policies of any other Internet service provider;.
m. Collection of Personal Data. Customer shall not use Nsight’s network or services to collect, or attempt to collect, personal information about third parties without their knowledge or consent. This includes, but is not limited to, phishing activities.
n. Network Disruptions and Adverse Activity. Customer shall not use Nsight’s network or services to conduct activities that may be harmful to or interfere with Nsight’s network or services or any third party’s network or services. In addition, customer shall not use Nsight’s network or services to conduct any activity that adversely affects the ability of other customers to use Nsight’s network or services. This includes, but is not limited to, flooding, mail bombing, or denial of service attacks. Such violations may also result in criminal and/or civil liability. Nsight will investigate such activity, and when warranted, may involve and cooperate with law enforcement authorities in prosecuting users involved in such activity.
3. Third Party Rules. Failure to adhere to any rules, guidelines, or agreements applicable to search engines, subscription Web services, chat areas, bulletin boards, Web pages, USENET, or other services that are accessed through Nsight’s network or services shall constitute a violation of the AUP and/or Terms and Conditions.
4. Prohibition on Resale. Customers are prohibited from reselling Nsight’s services without prior authorization whether or not a fee is being charged.
5. Content Responsibilities. Customers remain solely and fully responsible for the content of any material created, accessible, posted, hosted, downloaded, uploaded, accessed, or transmitted either on or through Nsight’s network or services. Nsight takes no responsibility for such content.
6. Monitoring Obligations. Nsight is under no obligation to monitor Customer’s content, usage, bandwidth, or transmission associated with the Customer’s use of Nsight’s network or services. However, Nsight reserves the right to do so. Nsight may monitor content, usage, bandwidth, or transmissions as necessary to: (a) enforce the terms of the AUP and Terms and Conditions; (b) comply with applicable laws, regulations, or other governmental or judicial directives; (c) protect Nsight’s network and services; or, (d) ensure other users are not being adversely affected by Customer’s conduct or activity. Nsight reserves the right to modify, restrict, or block access or usage in response to discoveries made while monitoring content, usage, bandwidth, or transmissions.
7. Indemnification. Customer agrees to defend, indemnify, and hold harmless Nsight from any claims, damages, losses, or expenses (including, but not limited to, attorneys fees and costs) incurred in connection with all claims, suits, judgments and causes of actions for damages arising from Customer’s breach of any provision of the AUP and/or Terms and Conditions.
8. Failure to Enforce AUP and Terms and Conditions. The failure of Nsight to enforce this AUP and/or Terms and Conditions, regardless of the reason for not doing so, shall not constitute a waiver of any right to do so at any time. Customer agrees that should any portion of this AUP and/or Terms and Conditions be found invalid or unenforceable, that portion, and that portion only, shall be construed as consistent as possible with the applicable law. The remaining portions shall remain in full force and effect.
Copyright Policy & Digital Millennium Copyright Act Notice
Nsight respects the intellectual property rights of others. If you believe that your work has been copied and has been posted, stored or transmitted to the Site in a way that constitutes copyright infringement, please submit a notification pursuant to the Digital Millennium Copyright Act (“DMCA”) by providing Nsight’s Copyright Agent the following written information:
Nsight’s Copyright Agent for notice of claims of copyright infringement on the Site can be reached as follows:
Susan Robers, Senior Paralegal, Nsight, 450 Security Blvd., Green Bay, WI 54313, Phone: (920) 617-7000; infringe@nsight.com
If you provide Nsight’s Copyright Agent with proper written notification pursuant to the procedure above, including information reasonably sufficient to allow Nsight to locate and remove or disable access to the material in question or which includes information concerning repeat infringement, then Nsight will promptly notify the alleged infringer of your claim and shall take reasonable steps to promptly notify our subscriber that we have removed or disabled access to the material. We will also advise the alleged infringer of the DMCA statutory Counter Notification procedure described below by with the alleged infringer may respond to your claim and request that we restore the material.
Counter Notification
If you believe that a copyright notice has been filed against you as a result of mistake or misidentification, you may submit a written Counter Notification to our Copyright Agent pursuant to the DMCA. You must provide the following information:
● A description of the copyrighted work that has been removed or disabled and the location at which the material appeared before it was removed or access to it was disabled;
● A statement by you under penalty of perjury that you have a good faith belief that the material was removed or disabled as a result of mistake or misidentification;
● A statement that you consent to the jurisdiction of the Federal District Court for the judicial district in which the address is located, or if your address is outside the United States, for any judicial district in which the service provider can be found;
● A statement that you will accept service of process from the person who provided the Notice of Alleged Copyright Infringement or the party’s agent;
● Your physical or electronic signature;
● Your name, address and telephone number.
Upon receipt of a valid Counter Notification as described above, we will promptly provide the complaining party with a copy of the Counter Notification, and inform such party that we will replace the removed material or cease disabling access to it in 10 business days. We will replace the removed material and cease disabling access to it not less than 10, nor more than 14, business days following receipt of the Counter Notification, unless our Designated Agent first receives notice from the complaining party that the complaining party has filed an action seeking a court order to restrain the subscriber from engaging in infringing activity relating to the material on Nsight’s system or network.
NOTE: Nsight’s designated Copyright Agent should only be contacted with respect to copyright infringement matters. The Copyright Agent will not respond to general inquiries.
It is Nsight’s policy to provide for the termination, in appropriate circumstances, of Nsight’s subscribers and account holders who are repeat infringers of copyrighted works, trademarks or any other intellectual property.
You may be liable for damages, including court costs and attorney fees, if you materially misrepresent that content on our website or service is copyright infringing. Filing a false claim constitutes perjury.
Nsight Telservices (“Nsight”) Broadband Internet Access Services & Open Internet Disclosures
Network Management Practices
Traffic Blocking
Subject to reasonable network management practices, Nsight does not block any lawful content, applications, services, or non-harmful devices.
Throttling
Subject to reasonable network management practices, Nsight does not throttle any lawful content, applications, services, or non-harmful devices.
Affiliated Prioritization
Nsight does engage in affiliated prioritization of traffic.
Paid Prioritization
Nsight does engage in paid prioritization of traffic.
Congestion Management
Nsight manages its Internet network using a protocol-agnostic method. This means congestion is not managed based on online activities, protocols, or applications. In the event of congestion, all traffic is classified as “best effort.”
Application Specific Behavior Management
Nsight manages its Internet network using a protocol-agnostic method. This means congestion is not managed based on online activities, protocols, or applications. In the event of congestion, all traffic is classified as “best effort.”
Device Attachment Rules
Nsight provides the demarc device on all Internet connections. In special cases, customers may request that we “bridge” the provided device. In this case, there is no restriction on the type of the device used on the customer side of the bridge.
Security
Nsight does not normally monitor the traffic of its customers. It undertakes no obligation to monitor or protect such customer traffic from spam, viruses, denial-of-service attacks, or other malicious, unlawful or unwanted activities.
Our network employs metrics which determine whether there is a Denial of Service or similar attack hitting the network. During the time of such attacks inbound and outbound traffic filtering techniques will be employed to avoid network congestion and other network degradation. If any network traffic appears to be a malicious attempt to disrupt the network, such as by e-mail spamming or otherwise, corrective action will be taken and network information may be transmitted to the appropriate law enforcement agency for investigation and possible criminal prosecution under various computer hacking laws.
A customer that is subjected to a denial-of-service attack, or similar malicious, unlawful or unwanted activity, is urged to notify Nsight as soon as possible. Nsight will work with the customer, other service providers, federal and state regulators, and/or law enforcement to determine the source of such activity, and to take appropriate, and technically and economically reasonable efforts to address the matter.
Performance Characteristics
Service Description
The Company uses a hybrid fiber optic and copper digital subscriber line (“DSL”) network that reaches approximately 90 percent of the potential customers in its rural service area, and a fiber-to-the-home (“FTTH”) network that reaches approximately 10 percent of such customers. The company uses fiber optic and an MPLS network to service select businesses. The expected access speeds in the DSL portions of the network range from 1 megabits per second (“Mbps”) to 75 Mbps, depending upon the actual lengths of the respective fiber trunks and copper lines. The expected access speeds in the FTTH portion of the network range from 1 Mbps to 250 Mbps based upon product. The access speeds in the MPLS network range from 6 Mbps to 100,00 Mbps based upon the product.
Actual access speeds and time delays (latency) are impacted by the length, capacity and congestion of Middle Mile transport facilities (between the Company’s service area and Internet nodes) as well as the characteristic of the Company’s own network. Because conditions on these facilities and routes can change frequently, the Company can provide estimated actual access speed and latency information only for specific recent time periods requested by a customer.
Impact of Non-Broadband Internet Access Service Data Services
If a customer subscribes to Nsight Digital TV, Internet broadband speed may be impacted due to the bandwidth utilized by Nsight Digital TV.
Commercial Terms
Price
Nsight’s pricing, terms and conditions are available below.
Privacy Policies
Nsight’s privacy policy is available at https://www.nsighttel.com/privacy-policy/.
Nsight’s Acceptable Use Policy
Redress Options
Questions and complaints regarding the foregoing matters should be addressed to Nsight’s Technical Support Department at 800-224-3308 or by email.
These terms and conditions (“Terms and Conditions”) for Nsight Telservices residential services: Wireline Voice, TV, Fixed-Wireless, or a combination of those services (“Services”), is by and between Northeast Communications of WI, Inc and any of its subsidiaries, hereinafter referred to as (“Nsight Telservices”), and the party whose name(s) appear on the agreement (“Customer”). These Terms and Conditions shall become effective on the date the agreement is signed.
The truth-in-billing provisions of the TVPA set forth requirements that Nsight Telservices disclose at the time of sale the total charge for multichannel video service, including surcharges and fees, as well as itemize charges on e-bills.
Transparency Obligation — Before entering into a contract with a consumer for a multichannel video programming service, Nsight Telservices must provide the consumer – by phone, in person, online, or by other reasonable means – with the total monthly charge for the service selected by the consumer, whether provided individually or as a part of a bundle. If the service involves a promotional discount, the provider must note the amount of the discount and when it will expire. The charge shall include — related administrative fees, equipment fees or other charges, a good faith estimate of any tax, fee, or charge imposed by the federal, state or local government (regardless of whether the charge is imposed on the provider or on the consumer and collected by the provider), and a good faith estimate of any fee or charge that is used to recover any other assessment imposed on the provider by the federal, state, or local government.
Formal Notice Obligation — Within 24 hours of entering into a contract with a consumer for a multichannel video programming service, Nsight Telservices shall send the consumer by email, online link, or other reasonably comparable means, a copy of the information set forth above.
Consumer Right to Cancel — A consumer shall have the right to cancel a contract for a multichannel video programming service within 24 hours of Nsight Telservices sending the information to the consumer without incurring early cancellation fees or other disconnection fees or penalties.
Consumer Rights in E-Billing – The new law also adopts requirements that pertain specifically to e-billing. In particular, if Nsight Telservices, the provider of multichannel video programming service provides a bill to a consumer in electronic format, the provider shall include in the bill –
(1) an itemized statement setting forth the amount charged for the provision of service and the amount of all related taxes, administrative fees, equipment fees, or other charges;
(2) the termination date of the contract between the provider and consumer; and
(3) the termination date of any applicable promotional discount.
4. TERMINATION OF SERVICE.
In order to use the Calix CommandIQ® Mobile Application, rebranded as Smart Wi-Fi Manager by New-Cell, Inc, (DBA Nsight and Cellcom), you must agree to Calix’s terms and conditions, which includes the information about you that Calix will collect and use. Nsight has no control over the terms and conditions or the collection and use of your information by Calix.
CommandIQ® Mobile Application End User License Agreement (For the Apple App Store) This Calix, Inc. CommandIQ Mobile Application End User License Agreement (“Agreement”) is a binding agreement between you (“End User” or “you”) and Calix, Inc. (“Calix”). This Agreement governs your use of the CommandIQ Mobile Application through the Apple App Store, including all related documentation, (the “App”). The App is licensed, not sold, to you.
BY CLICKING THE “ACCEPT” BUTTON BELOW OR CHECKING “I ACCEPT THE TERMS AND CONDITIONS” ON THE APP REGISTRATION PAGE, YOU (A) ACKNOWLEDGE THAT YOU HAVE READ AND UNDERSTAND THIS AGREEMENT; (B) REPRESENT THAT YOU ARE OF LEGAL AGE TO ENTER INTO A BINDING AGREEMENT; AND (C) ACCEPT THIS AGREEMENT AND AGREE THAT YOU ARE LEGALLY BOUND BY ITS TERMS. IF YOU DO NOT AGREE TO THESE TERMS, CLICK “DECLINE” BELOW AND DO NOT USE THE APP.
1. License Grant. Subject to the terms of this Agreement, Calix grants you a limited, non-exclusive, and nontransferable license to download, install, and use the App for your personal, non-commercial use on a mobile device owned or otherwise controlled by you (“Mobile Device”) strictly in accordance with the App’s documentation. This license is provided to you free of charge.
2. License Restrictions. Licensee shall not:
(a) copy the App, except as expressly permitted by this license;
(b) modify, translate, adapt, or otherwise create derivative works or improvements, whether or not patentable, copyrightable or registrable under intellectual property laws, of the App;
(c) reverse engineer, disassemble, decompile, decode, or otherwise attempt to derive or gain access to the source code of the App or any part thereof;
(d) remove, delete, alter, or obscure any trademarks or any copyright, trademark, patent, or other intellectual property or proprietary rights notices from the App, including any copy thereof;
(e) rent, lease, lend, sell, sublicense, assign, distribute, publish, transfer, or otherwise make available the App, or any features or functionality of the App, to any third party for any reason, including by making the App available on a network where it is capable of being accessed by more than one device at any time;
(f) remove, disable, circumvent, or otherwise create or implement any workaround to any copy protection, rights management, or security features in or protecting the App; or
(g) use the App in, or in association with, the design, construction, maintenance, or operation of any hazardous environments or systems, including any power generation systems; aircraft navigation or communication systems, air traffic control systems, or any other transport management systems; safety-critical applications, including medical or life-support systems, vehicle operation applications or any police, fire, or other safety response systems; and military or aerospace applications, weapons systems, or environments.
3. Reservation of Rights. You acknowledge and agree that the App is provided under license, and not sold, to you. You do not acquire any ownership interest in the App under this Agreement, or any other rights thereto other than to use the App in accordance with the license granted, and subject to all terms, conditions, and restrictions, under this Agreement. Calix reserves and shall retain its entire right, title, and interest in and to the App, including all copyrights, trademarks, and other intellectual property rights therein or relating thereto, except as expressly granted to you in this Agreement.
4. Collection and Use of Your Information.
(a) You acknowledge that when you download, install, or use the App, Calix may collect information about your Mobile Device and about your use of the App. You also may be required to provide certain information about yourself as a condition to downloading, installing, or using the App or certain of its features or functionality. When you download, register with, or use the App, we may ask you to provide information by which you may be personally identified, such as name, email address, telephone number, or any other identifier by which you may be contacted online or offline (“personal information”) and that is about you but individually does not identify you, such as your password, and your router’s MAC address and serial number. This information includes information that you provide by filling in forms in the App and information provided at the time of registering to use the App. We may also ask you for information when you report a problem with the App and keep records and copies of your correspondence (including email addresses and phone numbers), if you contact us. Additionally, you may provide personal or other information to your internet service provider and other third parties that may be provided to us by your internet service provider and displayed on the App through your use of the App. The provision of this information by you to these third parties may be subject to such third parties’ terms and conditions. Calix does not assume and will not have any liability or responsibility to you or any other person or entity for such information.
(b) We use information that we collect about you, that you provide to us, or that we receive from your internet service provider, including any personal information, to provide you with the App and its contents, and any other information, including any in-App notifications related to your use of the App, fulfill any other purpose for which you provide it and/or carry out our obligations and enforce our rights arising from any contracts entered into between you and us. Your internet service provider may also use information that we collect about you to contact you about goods and services offered by your internet service provider or other third parties that may be of interest to you by sending you emails or in-App notifications. If you do not want us to use your information in this way, please do not use the App and delete your app account from your phone. You may email our customer care team at customercare@nsight.com and they will assist in removing the Wi-Fi Manager access on your internet account. If you agree to let us use your information in this way but do not wish to receive in-App notifications, you may adjust your push notification preferences in your account profile.
All information we collect through or in connection with this App is subject to our CommandIQ Mobile Application Privacy Policy (accessible at https://www.calix.com/pages/pp/commandiq-privacy-policy.html). By downloading, installing, using, and providing information to or through this App, you consent to all actions taken by us with respect to your information in compliance with the CommandIQ Mobile Application Privacy Policy. We may update our CommandIQ Mobile Application Privacy Policy from time to time and updated versions will be posted on the link provided in this section.
5. Information You Provide to Third Parties. You acknowledge that you may provide personal or other information to your internet services provider and other third parties, that may be displayed by Calix on the App through your use of the App. The provision of this information by you to these third parties may be subject to such third parties’ terms and conditions. Calix does not assume and will not have any liability or responsibility to you or any other person or entity for such information. The App may display, include, or make available content (including data, information, applications, and other products, services, and/or materials) from your internet service provider including data based on your service selections, instructions and/or consent to your internet service provider.
6. Updates. Calix may from time to time in its sole discretion develop and provide App updates, which may include upgrades, bug fixes, patches, other error corrections, and/or new features (collectively, including related documentation, “Updates”). Updates may also modify or delete in their entirety certain features and functionality. You agree that Calix has no obligation to provide any Updates or to continue to provide or enable any particular features or functionality. Based on your Mobile Device settings, when your Mobile Device is connected to the internet either:
(a) the App will automatically download and install all available Updates; or
(b) you may receive notice of or be prompted to download and install available Updates.
You shall promptly download and install all Updates and acknowledge and agree that the App or portions thereof may not properly operate should you fail to do so. You further agree that all Updates will be deemed part of the App and be subject to all terms and conditions of this Agreement.
7. Third-Party Materials. At the request of your internet service provider, we may display, include, or make available on the App content from third parties or provide links to third-party websites or services, including through third-party advertising (“Third-Party Materials”). You acknowledge and agree that Calix is not responsible for Third-Party Materials, including their accuracy, completeness, timeliness, validity, copyright compliance, legality, decency, quality, or any other aspect thereof. Calix does not assume and will not have any liability or responsibility to you or any other person or entity for any Third-Party Materials. Third-Party Materials and links thereto are provided solely as a convenience to you, and you access and use them entirely at your own risk and subject to such third parties’ terms and conditions. If you do not wish to have such Third Party Materials displayed or sent to you, you may adjust the push notification preferences in your account profile or delete the App.
8. Term and Termination.
(a) The term of Agreement commences when you acknowledge your acceptance and will continue in effect until terminated by you or Calix as set forth in this Section 8.
(b) You may terminate this Agreement by deleting your CommandIQ account and the App (and all copies thereof) from your Mobile Device(s). Please note that deleting your CommandIQ account will not delete your account(s) with your internet service provider for related services.
(c) Calix may terminate this Agreement at any time without notice if it ceases to support the App, which Calix may do in its sole discretion. In addition, this Agreement will terminate immediately and automatically without any notice if you violate any of the terms and conditions of this Agreement.
(d) Upon termination:
(i) all rights granted to you under this Agreement will also terminate; and
(ii) you must cease all use of the App and delete all copies of the App from your Mobile Device(s).
(e) Termination will not limit any of Calix’s rights or remedies at law or in equity.
9. Disclaimer of Warranties. THE APP IS PROVIDED TO YOU “AS IS” AND WITH ALL FAULTS AND DEFECTS WITHOUT WARRANTY OF ANY KIND. TO THE MAXIMUM EXTENT PERMITTED UNDER APPLICABLE LAW, CALIX, ON ITS OWN BEHALF AND ON BEHALF OF ITS AFFILIATES, EXPRESSLY DISCLAIMS ALL WARRANTIES, WHETHER EXPRESS, IMPLIED, STATUTORY, OR OTHERWISE, WITH RESPECT TO THE APPLICATION, INCLUDING ALL IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NON-INFRINGEMENT, AND WARRANTIES THAT MAY ARISE OUT OF COURSE OF DEALING, COURSE OF PERFORMANCE, USAGE, OR TRADE PRACTICE. WITHOUT LIMITATION TO THE FOREGOING, CALIX PROVIDES NO WARRANTY OR UNDERTAKING, AND MAKES NO REPRESENTATION OF ANY KIND THAT THE APP WILL MEET YOUR REQUIREMENTS, ACHIEVE ANY INTENDED RESULTS, BE COMPATIBLE, OR WORK WITH ANY OTHER SOFTWARE, APPLICATIONS, SYSTEMS, OR SERVICES, OPERATE WITHOUT INTERRUPTION, MEET ANY PERFORMANCE OR RELIABILITY STANDARDS, OR BE ERROR-FREE, OR THAT ANY ERRORS OR DEFECTS CAN OR WILL BE CORRECTED.
SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF OR LIMITATIONS ON IMPLIED WARRANTIES OR THE LIMITATIONS ON THE APPLICABLE STATUTORY RIGHTS OF A CONSUMER, SO SOME OR ALL OF THE ABOVE EXCLUSIONS AND LIMITATIONS MAY NOT APPLY TO YOU.
10. Limitation of Liability. TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT WILL CALIX OR ITS AFFILIATES, OR ANY OF ITS OR THEIR RESPECTIVE LICENSORS OR SERVICE PROVIDERS, HAVE ANY LIABILITY ARISING FROM OR RELATED TO YOUR USE OF OR INABILITY TO USE THE APP FOR:
(a) PERSONAL INJURY, PROPERTY DAMAGE, LOST PROFITS, COST OF SUBSTITUTE GOODS OR SERVICES, LOSS OF DATA, LOSS OF GOODWILL, BUSINESS INTERRUPTION, COMPUTER FAILURE OR MALFUNCTION, OR ANY OTHER CONSEQUENTIAL, INCIDENTAL, INDIRECT, EXEMPLARY, SPECIAL, OR PUNITIVE DAMAGES.
(b) DIRECT DAMAGES IN AN AMOUNT THAT IN THE AGGREGATE EXCEED $100.00 US.
THE FOREGOING LIMITATIONS WILL APPLY WHETHER SUCH DAMAGES ARISE OUT OF BREACH OF CONTRACT, TORT (INCLUDING NEGLIGENCE), OR OTHERWISE AND REGARDLESS OF WHETHER SUCH DAMAGES WERE FORESEEABLE OR CALIX WAS ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. SOME JURISDICTIONS DO NOT ALLOW CERTAIN LIMITATIONS OF LIABILITY SO SOME OR ALL OF THE ABOVE LIMITATIONS OF LIABILITY MAY NOT APPLY TO YOU.
11. Indemnification. You agree to indemnify, defend, and hold harmless Calix and its officers, directors, employees, agents, affiliates, successors, and assigns from and against any and all losses, damages, liabilities, deficiencies, claims, actions, judgments, settlements, interest, awards, penalties, fines, costs, or expenses of whatever kind, including reasonable attorneys’ fees, arising from or relating to your use or misuse of the App or your breach of this Agreement, including but not limited to the content you submit or make available through this App.
12. Export Regulation. The App may be subject to US export control laws, including the US Export Administration Act and its associated regulations. You shall not, directly or indirectly, export, re-export, or release the App to, or make the App accessible from, any jurisdiction or country to which export, re-export, or release is prohibited by law, rule, or regulation. You shall comply with all applicable federal laws, regulations, and rules, and complete all required undertakings (including obtaining any necessary export license or other governmental approval), prior to exporting, re-exporting, releasing, or otherwise making the Application available outside the US.
13. Severability. If any provision of this Agreement is illegal or unenforceable under applicable law, the remainder of the provision will be amended to achieve as closely as possible the effect of the original term and all other provisions of this Agreement will continue in full force and effect.
14. Governing Law and Dispute Resolution. This Agreement shall be governed by the laws of the state of California, excluding its choice of law rules. The United Nations Convention for the International Sale of Goods shall in no event apply to this Agreement. Any and all dispute, claim or controversy arising out of or relating to this Agreement or the breach, termination, enforcement, interpretation or validity thereof, including the determination of the scope or applicability of this agreement to arbitrate, shall be determined by arbitration held in San Francisco, California before one neutral arbitrator. THE PARTIES UNDERSTAND AND AGREE THAT THEY ARE WAIVING THEIR RIGHT TO BRING SUCH CLAIMS TO COURT, INCLUDING THE RIGHT TO A JURY TRIAL. The arbitration proceedings shall be administered by JAMS pursuant to its Comprehensive Arbitration Rules and Procedures, which are incorporated herein by reference, as may be modified by the provisions in this Section. The arbitration and proceedings shall be confidential. Either party may file pre-hearing motions directed at the legal sufficiency of a claim or defense equivalent to a demurrer or summary judgment prior to the arbitration hearing. The arbitrator will issue a detailed written decision and award, resolving the dispute. The arbitrator’s written opinion and award shall decide all issues submitted and set forth the legal principles supporting each part of the opinion, and shall be final and binding upon the parties. The arbitrator shall be authorized to grant any temporary, preliminary or permanent equitable remedy or relief the arbitrator deems just and equitable and within the scope of this arbitration agreement, including an injunction or order for specific performance. The arbitrator may award fees, costs, and reasonable attorneys’ fees to the party who substantially prevails in the arbitration. Judgment on the arbitral award may be entered in any court of competent jurisdiction. This clause shall not preclude the parties from seeking provisional remedies in aid of arbitration from a court of appropriate jurisdiction.
15. Entire Agreement. This Agreement and our Privacy Policy constitute the entire agreement between you and Calix with respect to the App and supersede all prior or contemporaneous understandings and agreements, whether written or oral, with respect to the App.
16. Waiver. No failure to exercise, and no delay in exercising, on the part of either party, any right or any power hereunder shall operate as a waiver thereof, nor shall any single or partial exercise of any right or power hereunder preclude further exercise of that or any other right hereunder. In the event of a conflict between this Agreement and any applicable purchase or other terms, the terms of this Agreement shall govern.
Last updated: May 2021
In order to use the Calix CommandIQ® Mobile Application, rebranded as Smart Wi-I Manager by New-Cell, Inc, (DBA Nsight and Cellcom), you must agree to Calix’s Privacy Policy, which includes the information about you that Calix will collect and use. Nsight has no control over the privacy policy or the collection and use of your information by Calix.
Calix CommandIQ® Mobile Application Privacy Policy
What is covered by this Privacy Policy
This Privacy Policy (the “Privacy Policy”) covers Calix’s privacy and security policies for personal information collected by Calix in connection with the Calix CommandIQ mobile application (the “App”). For this Privacy Policy, personal information refers to information relating to an identified or identifiable natural person with reference to a identifier, such as a name, an email address, an online identifier such as login credentials, or any other identifier by which that natural person may be contacted online or offline.
Calix understands the importance of privacy and security and is committed to providing a secure environment to protect the personal and private information provided by you in connection with your use of the App. Accordingly, this Privacy Policy sets out:
What is not covered by this Privacy Policy
This Privacy Policy DOES NOT apply to information:
Information collected on Calix’s website at www.calix.com is subject to Calix’s privacy policy in the footer of the website pages (accessible at https://www.calix.com/pages/privacy-policy.html).
Personal information does not include information that has been anonymized or aggregated so that it can no longer be used to identify a specific natural person, whether in combination with other information or otherwise.
Privacy Policy applies for any use of the App
This Privacy Policy applies to Calix’s policies and practices associated with the provision of the App described in the CommandIQ Mobile Application End User License Agreement (the “Agreement”). Please read this Privacy Policy carefully to understand Calix’s policies and practices regarding your information and how such information will be treated. If you do not agree with Calix’s policies and practices, you should not install, use or access the App. By accepting and agreeing to the Agreement, or by using or accessing the App, you agree to this Privacy Policy.
This Privacy Policy may be updated from time to time. You should review this Privacy Policy periodically for updates and changes. Your continued use of the App after Calix revises this Privacy Policy means you accept those revisions.
Children Under the Age of 16
The App is not intended for children under 16 years of age, and Calix does not knowingly collect personal data of children under 16. If Calix learns that personal data from a child under 16 has been obtained or received without verification of parental consent, Calix will delete that information. If you believe Calix might have any information from or about a child under 16, please contact Calix at productprivacy@calix.com.
How Calix Collects Your Information
Calix collects and processes information provided directly by you when you install the App and register for an account to use the App. Specifically, this information includes:
How Calix Uses the Information
Calix uses the information collected as described in this Privacy Policy, including personal information, to:
Calix may also use the information collected as described in this Privacy Policy, including personal information, to inform you about goods and services that may be of interest to you. Calix does not contact you unless and only to the extent expressly authorized by you in writing.
Disclosure of Information
Calix does not sell or otherwise distribute or disclose your information to third parties other than as described or authorized in the Agreement, including this Privacy Policy.
Calix discloses the information to its subsidiaries, affiliates and certain third-party vendors and contractors that provide development, integration, web hosting and consulting services to Calix for the purpose of providing you with the App, to maintain, support, develop, improve and/or enhance the App and to fulfill Calix obligations associated with the App.
Calix may be required to disclose information under certain circumstances:
Your Choices About Our Collection, Use, and Disclosure of Information
The provision of the information described in this Privacy Policy is necessary in order for you to use the App.
Your information is retained and used as described in this Privacy Policy. In the event you delete your account for the App in accordance with the terms of the Agreement, your information will be deleted within 30 days of the deletion of such account or within such other timeline as may be mandated by applicable law. You will no longer be able to access the App when your account is deleted.
You may set your browser to refuse all or some browser cookies, or to alert you when cookies are being sent. If cookies are disabled or refused or if you block the use of other tracking technologies, some parts of the App may then be inaccessible or not function properly.
Accessing and Correcting Information
You can (a) access and review your information, including personal information, and (b) correct your information, by logging into the App and visiting the settings page.
Data Security
All information you provide to us is stored on our secure servers behind firewalls. Calix utilizes mechanisms such as intrusion detection systems, intrusion prevention systems, firewalls and encryption to secure information from accidental loss and from unauthorized access, use, alteration, and disclosure.
Calix deploys Intrusion Detection Systems (IDS) and Intrusion Prevention Systems (IPS) to alert and proactively contain potential threats. Enhanced security visibility and coverage is enabled through added layers of firewall and IDS beyond the network perimeter. Management connections to servers are always authenticated and encrypted via Secure Shell (SSH) when administration access is required for troubleshooting, patch management, and upgrades.
Calix runs automated vulnerability scanning on all perimeter systems to identify potential security risks. Scanning applications are regularly updated to remain current and up to date on important security vulnerabilities. Patches are applied to all relevant systems, unless a compensating control is implemented.
Calix uses a variety of industry-standard security technologies and best practices to help protect information from unauthorized access, use, or disclosure. All data stored on the Calix systems is encrypted following industry standards using the strongest keys and ciphers. All communications with the App are protected with industry standard security protocols.
You control access to your account and, as set forth in the Agreement, you are obligated to keep your login credentials and passwords secure and protected and maintained as confidential. Although Calix implements measures that are reasonably designed to protect the you, information may nevertheless be transmitted outside of Calix’s systems. Any such transmission of information is at your own risk, and Calix is not responsible for any circumvention of any privacy settings or security measures provided.
Changes to this Privacy Policy
Calix may update this Privacy Policy from time to time. If Calix makes material changes to how Calix treats personal information under this Privacy Policy, Calix will notify you by email or other communication.
The date the Privacy Policy was last revised is identified at the end of this Privacy Policy. You are responsible for ensuring Calix has an up-to-date active and deliverable email address for you and for periodically visiting this Privacy Policy to check for any changes.
Contact Information
To ask questions or comment about this Privacy Policy and Calix’s privacy practices for the Cloud Services, contact Calix via e-mail at productprivacy@calix.com.
Last updated: July 2024
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