These Terms and Conditions govern the use of Internet and related services provided by New Era Broadband. Use of the Services constitutes acceptance of these Terms and Conditions.
1. Service Overview
The primary purpose of New Era Broadband Internet Service is to facilitate communication and access to the Internet. New Era Broadband intends to provide customers with reliable Internet access with minimal interference while protecting the integrity, security, and performance of the network and services.
2. Warranties and Disclaimers
New Era Broadband Internet service is provided on an “as is, as available” basis. No warranties, express or implied, including but not limited to warranties of merchantability or fitness for a particular purpose, are made with respect to the Service.
Except in cases of gross negligence or willful misconduct, New Era Broadband shall not be liable for direct, indirect, incidental, consequential, special, or punitive damages arising from the use of or inability to use the Services, including but not limited to loss of data, delays, interruptions, non-deliveries, or disclosure of information. Aggregate liability shall not exceed the total amount paid by Customer for Services during the previous twelve (12) months.
Customer acknowledges that installation of equipment may require drilling, mounting, cabling, or other modifications to structures. New Era Broadband shall exercise reasonable care during installation. Except in cases of gross negligence or willful misconduct, liability for property damage arising from installation shall be limited to repair or replacement of the affected area.
Internet speeds and performance may vary due to network congestion, interference, terrain, foliage, weather, equipment limitations, maintenance activities, customer-owned equipment, and third-party network conditions.
3. Security and Customer Responsibilities
Customer is responsible for all use of Customer’s account and for maintaining the confidentiality and security of passwords and devices connected to the Service. Customer agrees to maintain appropriate security measures, including current anti-virus, anti-malware, anti-spam software, and firewall protection where applicable.
Electronic communications transmitted over the Internet should not be considered completely secure or private. No network or electronic communication system can be guaranteed secure from unauthorized access or interception.
4. Personal Files and Data Backup
New Era Broadband is not responsible for Customer’s personal files, data, or content stored on Customer devices or systems. Customer is solely responsible for maintaining backups of all important data. New Era Broadband reserves the right to remove or delete data stored on New Era Broadband systems following termination of Services.
5. Account Use and Network Address Ownership
The right to use New Era Broadband Services is not transferable. Service is limited to the individual or business listed on the account and authorized users at the service location.
Any IP address assignments or network address allocations provided by New Era Broadband remain the property of New Era Broadband and revert back to New Era Broadband upon termination of service.
6. Compliance with Laws and Acceptable Use
Customer agrees to use the Services in compliance with all applicable local, state, federal, and international laws and regulations.
Prohibited activities include, but are not limited to:
• Spam or unsolicited bulk messaging
• Harassment or threats
• Unauthorized access attempts
• Malware distribution
• DDoS attacks
• Botnets or credential stuffing
• Illegal content hosting
• Copyright infringement or torrent abuse
• Network scanning or service disruption
• AI-generated abuse or spam
• Any unlawful activity
New Era Broadband reserves the right to suspend or terminate service for violations of these Terms or for activity harmful to the network or other users.
7. FCC Compliance; Network Management; DMCA Compliance
New Era Broadband reserves the right to manage its network in a manner reasonably necessary to maintain the integrity, security, reliability, and performance of the network and Services. Such practices may include traffic management, congestion mitigation, spam filtering, malware prevention, and security enforcement.
New Era Broadband reserves the right to comply with lawful requests and obligations imposed by courts, law enforcement agencies, governmental entities, FCC regulations, and lawful intercept requirements.
New Era Broadband respects the intellectual property rights of others and complies with the Digital Millennium Copyright Act (“DMCA”). Customers shall not use the Service to infringe copyright or intellectual property rights. Repeat copyright infringers may have service suspended or terminated.
8. Monitoring and Privacy
New Era Broadband reserves the right to monitor, preserve, access, and disclose information regarding use of its systems and Services as reasonably necessary to:
• Protect network integrity and security
• Investigate unlawful activity or violations of these Terms
• Respond to lawful governmental requests
• Protect New Era Broadband, its customers, employees, or the public
Nothing herein obligates New Era Broadband to monitor customer activity except as required by law or reasonably necessary to protect the network and Services.
9. Suspension or Termination of Service
New Era Broadband reserves the right to suspend or terminate service for nonpayment, violations of these Terms and Conditions, abuse of network resources, unlawful activity, threats to network integrity, or as required by law.
10. Equipment and Damage
All equipment provided by New Era Broadband remains the property of New Era Broadband unless specifically sold to Customer in writing. Customer shall return all equipment upon termination of service. Failure to return equipment may result in additional charges.
Customer shall be responsible for damages to New Era Broadband equipment caused by negligence, abuse, intentional acts, unauthorized modifications, or misuse.
11. Rebroadcast / Relay
New Era Broadband may request permission to provide service to other customers by using Customer’s location as a relay point. Customer is not required to allow such use unless Customer agrees in writing. If New Era Broadband chooses to request such use, a separate written agreement defining the terms, responsibilities, equipment, power usage, access rights, and any applicable compensation or service credits will be provided for Customer’s review and approval.
12. Changes and Notices
Customer agrees to accept notices electronically, including by email, website posting, SMS messaging (if Customer has opted in), customer portal notifications, or other electronic means reasonably calculated to provide notice.
New Era Broadband reserves the right to modify these Terms and Conditions or Services at any time.
13. Governing Law; Venue; Dispute Resolution
These Terms and Conditions and all Services provided by New Era Broadband shall be governed by the laws of the State of Ohio.
Any legal action arising out of or relating to the Services or these Terms shall be brought exclusively in the state courts located in Meigs County, Ohio, or the applicable federal court having jurisdiction over Meigs County, Ohio.
At the sole option of New Era Broadband, disputes may be submitted to binding arbitration in the State of Ohio in accordance with the rules of the American Arbitration Association or another mutually agreed arbitration provider.
Nothing herein prevents New Era Broadband from seeking injunctive relief, collection actions, or recovery of equipment in a court of competent jurisdiction.
14. Force Majeure
New Era Broadband shall not be liable for delays, interruptions, or failures in performance resulting from causes beyond its reasonable control, including but not limited to severe weather, lightning, utility failures, fiber cuts, tower damage, vandalism, governmental actions, labor disputes, acts of God, or other unforeseen events.
15. Entire Agreement
These Terms and Conditions, together with any work order, service agreement, public disclosures, policies, or applicable tariffs, constitute the entire agreement between New Era Broadband and Customer regarding the Services and supersede all prior agreements or understandings relating to the Services.