Fallsnet Policies

Terms of Service

NORTHERN NETWORK CONCEPTS, INC. / FALLSNET

TERMS OF SERVICE AGREEMENT FOR INTERNET ACCESS SERVICE

Effective January 2023

Welcome to Northern Network Concepts, Inc. d/b/a Fallsnet (“Fallsnet,” “us,” “we,” “our”). Fallsnet provides residential and commercial/business high speed Internet Service with choice and flexibility to select the broadband service plan that best fits your needs.

This Terms of Service Agreement (“Agreement”) is by and between Fallsnet and any residential or business/commercial customer (“Customer” “you,” and “your”) who subscribes to our high speed internet service (“Service”). This Agreement takes effect the date when the Customer signs the Service Order. Customer use of the Service, equipment provided by Fallsnet (“Fallsnet Equipment”) or equipment provided by the Customer (“Customer Equipment”) connected to the Service, and any other related services are governed by this Agreement. By using our Service, you understand, acknowledge and agree to the following terms and conditions in this Agreement, in addition to the following documents incorporated by reference herein, including without limitation the Fallsnet Privacy Policy, DMCA Copyright Infringement Policy, Open Internet Transparency Policy, Service Order and Additional Terms (terms and conditions that will govern a new service offering), as each may be amended from time to time. Please read these documents carefully. If there is a conflict between this Agreement and any Additional Terms, the Additional Terms shall govern.

Fallsnet will regularly update and amend this Agreement and any other document incorporated by reference in this Agreement, when necessary. Fallsnet will communicate any such updates or amendments to Customer in accordance with Section 13(H) herein. Customer may obtain, at no charge, a copy of the current Agreement or any documents incorporated by reference herein by visiting https://www.fallsnet.com/ (“Website”).

1. TYPE AND LENGTH OF SERVICE. The length of service (“Term”) for each Customer shall be set forth in the Service Order.

Residential and Business/Commercial Customers.

(i) Our Residential Service Plans are designed for personal, family and household use within a single home. The term “Single Home” means Customer’s residence and includes any apartment, condominium, multiple dwelling unit, flat, or other premises that may be used as a residence. Customer understands, acknowledges and agrees that only Customer, co-residents and their visitors at the same premises will use the Service. The Service is provided solely for residential use in Customer’s home and any unauthorized access by a third party to e-mail, Internet access, or any other function of the Service is in violation of this Policy and the Agreement. Customer is responsible for any misuse of the Service that occurs through Customer’s account, whether by a member of Customer’s household or an authorized or unauthorized third party.

(ii) Business/Commercial Service Plans are designed for use by a business, governmental, educational, institutional or other commercial entity or by an individual that provides goods or services for sale or lease or that owns or operates a commercial enterprise. Customer understands, acknowledges and agrees that Customer will allow only Customer’s employees, patrons, and vendors to utilize the commercial Services within Customer’s office area(s). Commercial Service Plans are provided solely for Customer’s business operations, and any unauthorized access by a third party to e-mail, Internet access, or any other function of the Service is in violation of this Policy and the Agreement. Customer is responsible for any misuse of the Service that occurs through Customer’s account, whether by Customer’s employees, patrons, vendors, or an authorized or unauthorized third party.

(iii) All Broadband Service Plans (Residential, Business/Commercial) require a 1-year contract from start of service. The Term begins with the date installation is completed. Following the 1-year commitment, this Agreement shall automatically renew on a month-to-month basis until terminated by either the Customer or Fallsnet upon an advance thirty (30) calendar days written notice. No Early Termination Fee (“ETF”) will be charged for requests to terminate this Agreement during the month-to-month terms when made within the advance 30-day notice period. For month-to-month terms, requests made to terminate outside of the notice period will not be honored and no refunds will be given. An ETF as set forth in Section 11 herein will be charged for termination requests made outside of the 30-day notice period. The same cancellation provisions will apply to any other services purchased with the Broadband Internet Service.

2. INSTALLATION AND EQUIPMENT. Customer agrees to subscribe to the specific Service Plan at the rates and speed identified in the Service Order. Fallsnet agrees to provide service to the agreed characteristics and price. Customer will allow us to enter your premises for installation and maintenance to ensure our Service performs properly. Installation may include drilling and attaching equipment securely to the outside of the building or in surrounding structures. If you do not own the premises, we require that you obtain consent of the owner. Fallsnet’s “Standard Installation Fee” shall be detailed in the Customer’s Service Order and Customer agrees to pay the Standard Installation Fee when the Service Order is confirmed by the Customer. Customer understands, acknowledges and agrees that until a technician arrives at the Customer’s premises, the technician will not know whether the Customer’s installation will require additional equipment, wiring, connection cable/lines, or other measures such as the removal of tree limbs. Customer further acknowledges that Fallsnet’s fees for additional measures to complete the installation process are disclosed in the Service Order and in our Open Internet Transparency Policy.

A. Fallsnet Equipment. Customer may rent a router or modem equipment from Fallsnet and will be charged a rental fee on a monthly basis (“Equipment Rental Fee”). Fallsnet Equipment made available via a rental agreement is, and shall remain at all times, the exclusive property of Fallsnet. Customer shall acquire no interest in Fallsnet Equipment by virtue of the payments provided for herein or the attachment of any portion of Fallsnet Equipment to the Customer’s premises or otherwise deemed part of the Customer’s realty. The Fallsnet Equipment is not and shall not be considered a fixture to Customer’s premises. Additionally, Customer further understands, acknowledges and agrees that the Fallsnet Equipment listed on the Service Order was installed with the consent of the owner of the property and/or at a location and in a manner authorized by the Customer.

(i) Electrical Power. Customer understands and agrees that: (a) Customer must provide electrical power and a continuous connection to the power grid to Fallsnet Equipment at all times (including, without limitation, when Customer is not using the Services), and (b) Customer’s failure to provide such power and continuous connection may result in damage to the Fallsnet Equipment or to Customer Equipment, for which damage Customer will be solely responsible.

(ii) Customer shall not attach any electrical or other devices to, or otherwise alter, any Fallsnet Equipment without Fallsnet’s prior written consent. Customer is responsible for preventing the loss or destruction of Fallsnet Equipment and Customer shall notify Fallsnet promptly of any defect in, damage to or accident involving Fallsnet Equipment. All maintenance and repair of Fallsnet Equipment shall be performed by Fallsnet or Fallsnet’s designee(s). Fallsnet may charge Customer for any repairs or replacements that are necessitated by any damage to, destruction of, or misuse of Fallsnet Equipment.

(iii) Return of Equipment and Equipment Replacement Costs. In the event Fallsnet Equipment is lost, stolen or damaged, the Customer shall be liable for the replacement cost. If Fallsnet Equipment malfunctions at no fault of the Customer, Fallsnet will replace Fallsnet Equipment. Rented Fallsnet Equipment must be returned within thirty (30) calendar days after the cancellation date of the Customer’s Service. If rented equipment is not returned within the timeframe, Customer is subject to a “Non-Returned Equipment Charge,” which is set forth in the Service Order and on the Fallsnet Website. Fallsnet will provide a pre-paid shipping label or a drop off location for Customers to return Fallsnet Equipment.

(iv) Customer is not permitted to connect any harmful equipment or devices to the Fallsnet Equipment. Customer understands, acknowledges and agrees that failure to comply with this restriction may cause damage to the Fallsnet Network and subject Customer to liability for damages and/or other liability. Customer agrees to not service, alter, modify or tamper with the Fallsnet Equipment or the Service, or to permit, encourage or solicit any other person to do the same, unless such person has been authorized to do so by Fallsnet.

B. Customer Equipment. To use the Service, Customer must have a personal computer(s) or other similar device(s) and other equipment such as a router necessary to connect to the Service. Customer Equipment must meet Fallsnet’s most recent “Customer Equipment Specifications,” which are defined on the Fallsnet Website and may be modified from time to time. Customer understands, acknowledges and agrees that Fallsnet has no responsibility for the operation or support, maintenance or repair of any Customer Equipment, software or services that Customer elects to use in connection with the Service, nor is Fallsnet responsible for any damage that Fallsnet Equipment or Service may or will cause to Customer Equipment.

C. Access to Customer’s Premises. Customer hereby grants Fallsnet and its Affiliates (as defined below), and vendors or service providers that provide internal and operational support to Fallsnet (collectively, “Operational Service Providers”) and their respective employees, contractors and agents the right to enter Customer’s property and premises at any time for the purpose of installing, operating or maintaining the Fallsnet Equipment or the Fallsnet Network, retrieving Fallsnet Equipment or fulfilling its obligations or exercising its rights under this Agreement. Affiliates are companies that are related to Fallsnet by common ownership or control. Fallsnet shall provide Customer with reasonable advance notice of any such planned access, except when, in the reasonable opinion of Fallsnet, an emergency or other exigent circumstance exists that would require Fallsnet to immediately enter Customer’s property and premises.

3. PAYMENT AND BILLING.

A. Customer agrees to pay the Standard Installation Fee in advance. Any additional installation fees as set forth above will be approved by the Customer at the time of installation and billed on the first monthly statement.

B. Payment Process. Residential Service and Business/Commercial Service are billed on a monthly basis including taxes and fees (collectively, “Monthly Service Fee”). The Monthly Service Fee is due fourteen (14) calendar days from the date of Customer’s statement. Customer can set up preauthorized automatic billing or use the Fallsnet Customer portal each month to pay electronically by a check or credit card.

Cash payments are accepted in-person at our office. Checks are accepted via mail or hand delivery to our office on or before the due date.

C. Fallsnet has the right to increase any Monthly Service Fee with advance written notice to Customer. Customers will have the option to accept the fee increase or to terminate the Service under the same advance notice requirements provided in Section 11 herein.

D. The Service will be suspended if Customer’s account reaches fifteen (15) calendar days past due and then automatically terminated if the account is past due thirty (30) calendar days or more. A “Late Fee” in the amount of twenty-five dollars ($25.00 US) will be assessed each month the account remains overdue. Customer understands, acknowledges and agrees that Fallsnet is not required to provide notice before suspending the Service and/or terminating the Customer’s account or this Agreement. Service may not be restored until the balance due has been paid in full. Customer further understands, acknowledges and agrees that there will be a “Service Reinstatement Fee” in the amount of twenty-five dollars ($25.00 US) if a terminated account will be reinstated. Service may not be reinstated until the balance due has been paid in full, including but not limited to any Late Fees.

E. Customer will automatically be charged a thirty dollars ($30.00 US) “Non-Payment Fee” for any Automated Clearing House (“ACH”) electronic check payment returned for non-payment or insufficient funds, or for any credit card chargeback.

F. Customer agrees to provide Fallsnet with Customer’s legal name, a current email address and telephone number for communications and billing purposes. Customers that sign up for preauthorized automatic billing will provide Fallsnet with Customer’s payment data (including, without limitation, information provided when authorizing ACH payments or other recurring payments). Customer understands, acknowledges and agrees that the Customer’s submission of a mobile telephone number provides his/her prior express consent to Fallsnet to contact the Customer for administrative and billing purposes via SMS/text messaging, or an automatic telephone dialing service with pre-recorded or artificial voice messaging.

G. If any billing disputes arise, the Customer is responsible for contacting Fallsnet to resolve at: (320) 616-2166, billing@fallsnet.com, or https://www.fallsnet.com/Contact .

4. ACCEPTABLE USE OF SERVICE AND PROHIBITED INTERNET SERVICE ACTIVITIES. “Acceptable Use” is defined as the normal activities associated with the use of the internet, including without limitation, usage of the Fallsnet Network and systems and for accessing the World Wide Web, Email, and other internet features. Please see our separate Acceptable Use Policy (“AUP”) for details.

5. SERVICE LEVEL STANDARDS Fallsnet strives to provide quality and dependable service. There may be circumstances that are outside of Fallsnet’s control that will affect the delivery and/or quality of the Service.

A. If Fallsnet determines that a Service outage was caused by Fallsnet’s failure to provide said services for reasons within Fallsnet’s reasonable control and not a result of a Force Majeure Event (as defined below in subsection 13E herein), scheduled maintenance of Fallsnet Equipment or Services or as a result of any actions or inactions of Customer or any third parties (including failure of third party equipment), Fallsnet will, upon Customer's request within twenty-four (24) hours of such service outage, credit Customer's account the connectivity charges for the length of the outage.

B. Fallsnet will credit the Customer’s account on a pro-rated basis if there is more than a 48-hour delay in Fallsnet’s response to a Service outage or another performance issue not caused by a Force Majeure Event or by Customer’s own actions or negligence. Customer must notify Fallsnet of a Service or performance issue with-in 24 hours. Customer credit may not exceed the Monthly Service Fee for any single calendar month.

C. Service may be cancelled by Customer without penalty for quality of service issues after the initial installation, subject to Fallsnet’s opportunity to cure any service problem with-in three (3) business days after Customer’s notification. Customer must first notify Fallsnet of Service performance issue via email within three (3) calendar days of installation. If Customer is still dissatisfied after the cure period, Customer may request cancellation in full with-in seven (7) business days of Customer’s installation date. All installation fees will be refunded.

6. DISCLAIMER OF WARRANTIES. CUSTOMER EXPRESSLY AGREES THAT USE OF THE FALLSNET NETWORK AND THE FALLSNET EQUIPMENT IS AT CUSTOMER’S SOLE RISK. THE SERVICE AND FALLSNET EQUIPMENT ARE PROVIDED ON AN “AS-IS” AND “AS AVAILABLE” BASIS. EXCEPT TO THE LIMITED EXTENT SPECIFICALLY SET FORTH IN “INSTALLATION AND EQUIPMENT” SECTION 2 AND SERVICE LEVEL STANDARDS SECTION 5 HEREIN, THE SERVICE IS PROVIDED WITHOUT WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION ANY WARRANTY OF TITLE, NON-INFRINGEMENT, FITNESS FOR A PARTICULAR PURPOSE, OR MERCHANTABILITY. NEITHER FALLSNET OR ITS AFFILIATES, OPERATIONAL SERVICE PROVIDERS, AGENTS, REPRESENTATIVES, SHAREHOLDERS, THIRD PARTY LICENSORS AND SUPPLIERS AND THEIR RESPECTIVE MEMBERS, OFFICERS, DIRECTORS, SHAREHOLDERS, EMPLOYEES, AGENTS, REPRESENTATIVES AND CONTRACTORS, AND EACH OF THEIR SUCCESSORS AND ASSIGNS (COLLECTIVELY, “FALLSNET-RELATED ENTITIES”) WARRANT: (I) TO UNINTERRUPTED, TIMELY OR SECURE USE OF THE SERVICE; (II) THAT THE SERVICE WILL MEET CUSTOMER’S REQUIREMENTS; (III) THAT THE SERVICE WILL BE ERROR-FREE OR FREE OF ANY VIRUSES, WORMS, SPAM, POP-UP ADVERTISING, SPYWARE, ADWARE OR OTHER HARMFUL COMPONENTS, EVEN IF COUNTERMEASURES HAVE BEEN DEPLOYED; OR (IV) THAT ANY PERSONAL INFORMATION, NON PERSONAL INFORMATION, DATA, FILES, OR CUSTOMER MATERIAL CUSTOMER SENDS OR RECEIVES VIA THE SERVICE WILL BE TRANSMITTED IN UNCORRUPTED FORM, WITHIN A REASONABLE TIME, OR FREE FROM UNAUTHORIZED ACCESS BY OTHERS OR THAT OTHER USERS WILL BE UNABLE TO GAIN ACCESS TO CUSTOMER’S COMPUTER OR DEVICE. THIS INCLUDES WITHOUT LIMITATION INCIDENTS OF FILE SHARING, PRINT SHARING OR USE OF OTHER MEANS THAT ENABLE INTERNET USERS TO GAIN ACCESS TO CUSTOMER’S COMPUTER, DEVICE, OR NETWORK OR FALLSNET EQUIPMENT, OR TO MONITOR CUSTOMER’S ACTIVITY AND CONDUCT WHILE USING THE SERVICE. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY CUSTOMER FROM FALLSNET SHALL CREATE ANY WARRANTY NOT EXPRESSLY MADE HEREIN. SOME STATES DO NOT ALLOW LIMITATIONS ON THE SCOPE OF A LIMITATION OF WARRANTY OR HOW LONG AN IMPLIED WARRANTY LASTS, SO THE ABOVE LIMITATIONS MAY NOT APPLY TO CUSTOMER.

7. LIMITATION OF LIABILITY

A. STATUTE OF LIMITATIONS: CUSTOMER MUST BRING ANY CLAIM OR LAWSUIT WITHIN ONE (1) YEAR FROM WHEN THE CLAIM OR SUIT ARISES.

B. TO THE FULLEST EXTENT ALLOWED BY APPLICABLE LAW, IN NO EVENT SHALL FALLSNET OR FALLSNET-RELATED ENTITIES BE LIABLE FOR FAILURE TO PERFORM ANY OBLIGATIONS WITH RESPECT TO THE SERVICE OR THE SUBJECT MATTER OF THIS AGREEMENT FROM ANY CAUSE BEYOND FALLSNET’S REASONABLE CONTROL, INCLUDING, WITHOUT LIMITATION, MECHANICAL, ELECTRONIC OR COMMUNICATIONS FAILURE OR DEGRADATION (INCLUDING ”LINE-NOISE” INTERFERENCE) AND UNDER A FORCE MAJEURE EVENT (AS DEFINED IN SECTION 13E HEREIN), ANY CONTRACT, NEGLIGENCE, TORT, STRICT LIABILITY OR OTHER LEGAL OR EQUITABLE THEORY. SOME STATES DO NOT ALLOW THE EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE LIMITATIONS AND EXCLUSIONS HEREIN MAY NOT APPLY TO CUSTOMERS RESIDING IN SUCH STATES. IF ANY PART OF THIS LIMITATION ON LIABILITY IS FOUND TO BE INVALID OR UNENFORCEABLE FOR ANY REASON, CUSTOMER UNDERSTANDS, ACKNOWLEDGES AND AGREES THAT THE AGGREGATE LIABILITY OF FALLSNET UNDER SUCH CIRCUMSTANCES FOR LIABILITIES THAT OTHERWISE WOULD HAVE BEEN LIMITED SHALL NOT EXCEED ONE HUNDRED DOLLARS ($100.00 US).

8. CUSTOMER REPRESENTATION, WARRANTIES AND RESPONSIBILITIES.

A. If Customer is an individual, Customer represents and warrants that he or she is at least the age of majority in his/her state of residence and has legal authority to execute this Agreement. If Customer is a business/commercial entity, the individual executing this Agreement represents and warrants he or she has legal authority to execute this Agreement on behalf of Customer. All Customers represent and warrant that there are no legal, contractual or similar restrictions on the installation of the Fallsnet Equipment in the location(s) and in the manner authorized by Customer and agree that Customer is responsible for ensuring compliance with and payment of any fees, charges or fines related to applicable building codes, zoning ordinances, homeowners’ association rules, covenants, conditions or other restrictions related to the installation of the Service.

B. Residential Customers represent and warrant that the Service and Fallsnet Equipment shall be used only by Customer and by members of Customer’s immediate household living with Customer at the same Service address, and their visitors. For business/commercial Customers, Customer represents and warrants that the Service and Fallsnet Equipment shall be utilized only by Customer, and its authorized employees, patrons, and/or vendors at Customer’s business premises identified in the Service Order.

C. Customer represents and warrants: (i) not to assign, transfer, resell or sublicense Customer’s rights under this Agreement unless specifically permitted by the terms of this Agreement; (ii) not to redistribute or share the Service with any others or transmit the Service over a wireless or other network that is not secured; and (iii) to be solely responsible and liable for any and all breaches of the terms and conditions of this Agreement and any other documents incorporated by reference in this Agreement, whether such breach results from Customer’s use of the Service or by another using Customer’s Equipment or the Fallsnet Equipment.

D. Customer represents and warrants that Customer will not use the Service in a manner that: (i) infringes or violates the intellectual property rights or proprietary rights, rights of publicity or privacy, or other rights of any third party; (ii) violates any applicable local, state or federal, or international statute, rule, ordinance or regulation (collectively “Applicable Law”); (iii) is harmful, fraudulent, deceptive, threatening, abusive, harassing, tortious, defamatory, vulgar, obscene, libelous, or otherwise objectionable; (iv) accesses, discloses, uses, or disposes of any personal information (“Personal Information”) as defined in Fallsnet’s Privacy Policy without proper authorization or impersonates any person or entity, including without limitation, any employee or representative of Fallsnet or its Affiliates; or (v) transmits any virus, Trojan horse, worm, time bomb, or other harmful computer code, file, or program.

E. Customer represents and warrants that: Customer remains solely responsible for Customer’s use and any other persons’ use of the Service and any material or content transmitted, downloaded or uploaded, through or via the Service. Customer further represents and warrants that Customer possesses all rights necessary to transmit such material or content, and that Customer understands, acknowledges and agrees that Customer is also subject to Fallsnet’s DMCA Copyright Infringement Policy.

9. INDEMNIFICATION. Customer agrees to indemnify, defend and hold harmless Fallsnet, and Fallsnet-Related Entities from and against all losses, expenses, damages and costs (including reasonable attorneys’ fees) actions, governmental inquires and investigations, and other claims brought against any Fallsnet-Related Entities arising out of Customer’s use of the Service or any violation of this Agreement (and all other documents incorporated herein by reference) including without limitation, claims that Customer’s use of the Service infringed on the patent, copyright, trademark or other intellectual property right of any third party, Customer’s violation of any Applicable Law or the rights of another and claims resulting from Customer’s negligence. Fallsnet reserves the right to assume the defense and control of any matter subject to indemnification by Customer, in which event Customer will cooperate with Fallsnet in asserting any available defenses.

10. PRIVACY AND SECURITY. Fallsnet’s Privacy Policy governs the collection, use, disclosure, management and security related to Customer’s Personal Information and Non-Personal Information (collectively, “Customer Information”). Customer agrees that Customer had ready access to the then-in-effect Privacy Policy at the time Customer executed the Service Order. Customer understands, acknowledges and agrees that we may update or amend the Privacy Policy at any time without Customer’s prior consent and that Customer’s continued use of the Service after notice of any changes or amendments have been provided will indicate Customer’s acceptance of such changes, except where further steps are required by Applicable Law. We will, however, provide notice of any such changes or amendments as stated in the Privacy Policy. All such updates or amendments shall be deemed to be incorporated by reference into this Agreement.

A. Verification of Identity. Fallsnet may require that Customer create and use a username and password combination or other reasonable procedures to confirm Customer’s identity when requesting or otherwise accessing account information, making changes to the Service or performing other functions related to the Service through authorized Customer service channels.

B. Consent to Contact Via Mobile Device. By completing the Fallsnet Service Order, you have given prior express consent to be contacted via the phone number and/or email address you voluntarily submitted (including wireless number or wireless email address, if provided) for purposes that are important for Fallsnet to actively service your account. Purposes include, but are not limited to appointment reminders, customer check-ins, technical support and billing support, and information about new Fallsnet services or features. Customer understands, acknowledges and agrees that automated telephone dialing equipment, live voice, pre-recorded or artificial voice, and/or text messages, may be used to reach you. Standard data rates may apply. You may opt out of any such contact at any time via the process provided in the Fallsnet Privacy Policy, as long as there is another valid means to contact you about your account. Providing this consent does not obligate you to purchase or use any product or service.

11. CHANGES, SUSPENSION OR CANCELLATION/TERMINATION OF SERVICE

A. A Customer may move the Service to new home or premises. The Customer is subject to a new installation fee when the move requires an installation of service, assuming Fallsnet’s Service is available at the new home or premises. Customer also has option to upgrade the Service at any time; there is no separate fee to upgrade the Service. Additionally, a Customer can suspend the Service for up to six (6) months. For Wireless Broadband customers, an account hold fee of $20 per month will be applied, allowing minimal service functionality suitable for basic security systems, remote-controlled thermostats, etc. Customer, however, will be subject to the twenty-five dollars ($25.00 US) Service Reinstatement Fee upon Customer’s request to reactivate the Service.

B. Residential and Business/Commercial Service. Fallsnet requires at least thirty (30) calendar days advance notice for all Customer cancellations of the Service. Customer must notify Fallsnet by email: billing@fallsnet.com. Upon cancellation, all Fallsnet Equipment must be returned to Fallsnet within thirty (30) calendar days. If Fallsnet Equipment is not returned in a timely matter, Customer understands, acknowledges and agrees that Customer is subject to the applicable Non-Returned Equipment Fee(s), which are posted on Fallsnet’s website.

C. Fallsnet has the right to suspend and/or terminate a Customer’s Service if Customer has violated or there is a reasonable belief that Customer has violated this Agreement, in addition to any civil penalties and/or criminal charges available under the law. Suspension or a warning may occur when the Customer has one initial violation of this Agreement, such as copyright infringement by loading or posting third party copyrighted material and content. However, if the offense(s) is severe or frequent enough, Fallsnet reserves the right to disable the Service and terminate the account immediately without advance notice to the Customer. Accounts that have been terminated for violation of this Agreement will not be reinstated. Customer understands, acknowledges, and agrees that Fallsnet will not refund Monthly Service Fees or any other fees that have been paid or are due to be paid by Customer when Service has been suspended or terminated outside of the Service Level Standards provision in Section 5 herein.

D. Upon the suspension or termination of Customer’s Service, Fallsnet shall not be responsible for the return of data stored on Fallsnet’s servers, including web and email servers. Customer understands, acknowledges, and agrees that Fallsnet has no obligation to visit Customer’s home or premises upon termination to reconfigure Customer’s computer(s) or for any other reason other than the return of Fallsnet Equipment.

12. REFUND AND CREDIT POLICY. The following is a summary of when Fallsnet will provide a refund or a credit. All refunds and credits will be processed with-in 7-10 business days. If you have any questions regarding this policy, please contact Fallsnet at support@fallsnet.com.

A. Service Performance and Satisfaction. Fallsnet will refund installation fees as part of Section 5 Service Level Standards if the Customer notifies Fallsnet via email within three (3) calendar days after installation and Fallsnet has not cured the problem with-in three (3) business days after the Customer’s notice. The Customer must request cancellation within seven (7) business days after the date of installation.

B. Delayed Response to Service Outages. Fallsnet will provide a credit to Customer’s account if Fallsnet is delayed more than two (2) business days in responding to a Service outage if reported by the Customer using the proper notice requirements under Section 5(B) herein, and if the delay was not caused by a Force Majeure Event, or due to Customer’s own actions or negligence.

C. Internet Outages. Fallsnet will provide a credit to Customer’s account upon notice from Customer within 24 hours of a Service outage, but only if the outage was not due to Force Majeure Event or due to Customer’s own actions or negligence.

D. Electrical Power Failure. Under Section 2(A)(i) herein, a Customer must maintain electrical service at all times to avoid damage to the Fallsnet Network. Fallsnet will only credit a Customer’s account if there is a power outage due to a Force Majeure Event. The Customer must notify Fallsnet with 24 hours of the outage to be eligible for a credit. No refunds or credits will be given for power outages for other reasons.

E. Network/Internet Delays. No credits or refunds will be provided to Customer, unless the Fallsnet Network is slow or delayed due to reasons under Fallsnet’s control. A slow moving Network or delay is not unusual for reasons outside of Fallsnet’s control, such as Customer’s own use of the Fallsnet Network or network congestion due to other customer use.

F. Unused Portion of Service. Fallsnet does not offer a credit or a refund for any unused portion of a Customer’s service. Under Section 11 herein, Customers are required to provide notice of cancellation of the Service no less than thirty (30) days prior to the start of the next month’s service schedule. This will allow Fallsnet to cancel the Service prior to the start of the next Service period.

13. GENERAL PROVISIONS.

A. Entire Agreement. This Agreement (including all documents incorporated herein by reference) constitutes the entire agreement with respect to the Service. This Agreement supersedes and nullifies all prior understandings, promises and undertakings made orally or in writing by or on behalf of the parties with respect to the subject matter of this Agreement.

B. Third Party Beneficiaries. The Parties agree that any Affiliates, Operational Service Providers, agents, third party suppliers and licensors of Fallsnet are intended beneficiaries of this Agreement. Except as set forth in the previous sentence, this Agreement is not intended to give and does not give any rights or remedies to any person other than Customer and Fallsnet.

C. Relationship of the Parties . No agency, partnership, joint venture, or employment relationship is created as a result of this Agreement and neither party has any authority of any kind to bind the other in any respect.

D. Severability. In the event that any provision of this Agreement is found to be invalid, void or unenforceable, the parties agree that unless such provision materially affects the intent and purpose of the Agreement, such invalidity, voidability and unenforceability shall not affect validity of the Agreement nor the remaining provisions herein.

E. Force Majeure Event. Notwithstanding anything to the contrary in this Agreement, neither Party shall be liable to the other Party (and in the case of Fallsnet), this includes Fallsnet’s Affiliates and Fallsnet-Related Entities) for any delay, interruption or failure in performance of its obligations under this Agreement to the extent any such delay, interruption or failure is due to or arises out of a “Force Majeure Event.” A Force Majeure Event includes without limitation: (1) act of God; (2) act of local, county, state, federal or other government in its sovereign or contractual capacity; (3) act of public enemy or of war, terrorism, sabotage, civil disorder or riot; (4) flood or adverse weather conditions, including solar flare or sun outage; (5) pandemic, epidemic or quarantine; (6) labor strike, lock-out or other labor disturbance; (7) fire, explosion, power failure or blackout; (8) damage, degradation or destruction of equipment, transmission lines or the Fallsnet Network; (9) unavailability of right-of-way, equipment or materials; or (10) any other cause beyond a Party's reasonable control. Changes in economic, business or competitive conditions shall not be considered a Force Majeure Event. The Party so affected by a Force Majeure Event shall, upon giving prompt notice to the other Party, be excused from such performance and any failure, interruption or delay of performance reasonably deemed to result therefrom shall not be considered a breach of this Agreement.

F. Jurisdiction and Venue. This Agreement and all matters arising out of or related to this Agreement shall be governed by the laws of the State of Minnesota without regard to any conflicts of law provision. In the unlikely event that Fallsnet and Customer are unable to resolve a dispute to either Party’s satisfaction after attempting to do so informally, Fallsnet and Customer agree the exclusive means of bringing adversarial proceedings to resolve any dispute out of this agreement or the subject matter of this agreement will be resolved in small claims court. The Morrison County Conciliation Court has jurisdiction to hear, conciliate, try, and determine civil claims if the amount of money or property that is the subject matter of the claim does not exceed $15,000. Customer and Fallsnet agree in the event the subject matter of the claim exceeds $15,000, either Party may bring such a proceeding in the United States District Court for the Seventh District of Minnesota.

G. No Waiver. Fallsnet’s failure to exercise or enforce any right or provision of this Agreement shall not constitute a waiver of such right or provision. If any term, covenant, condition or provision of this Agreement shall, to any extent, be held invalid, illegal or unenforceable, the remainder of this Agreement shall not be affected and each remaining term, covenant, condition and provision shall be valid and enforceable to the fullest extent permitted by law or construed as nearly as possible to reflect the original intentions of the parties.

H. Amendments. Fallsnet may change, amend, alter, or modify this Agreement at any time. Fallsnet may notify Customer of any change either by posting that change on Fallsnet’s Website, by sending Customer an email, as a bill insert, via telephone, or by U.S. first-class mail, or by any reasonable means. If Customer continues to use the Service after such notice has been made, Customer understand, acknowledges, and agrees that such continued use shall be deemed to be Customer’s acceptance of those changes unless additional notice or steps are required by law. The current version of this Agreement, as the same may be modified by Fallsnet from time to time, shall supersede any prior version of this Agreement that may have been provided to Customer at any time, unless additional notice or steps are required by law.

I. Assignment. Customer may not assign this Agreement, or Customer’s rights or obligations under this Agreement, without Fallsnet’s prior written consent, and any purported assignment by Customer without such consent shall be void. Fallsnet may transfer or assign any portion or all of this Agreement at any time without notice to Customer, and Customer waives any notice that may be required by law.

J. Survival. Sections 1 through 13 herein shall survive any termination, cancellation or expiration of this Agreement for any reason.

K. Execution of Agreement. Customer and Fallsnet (or, the signature of each Party’s authorized person) understand, acknowledge and agree that each has executed this Agreement by their electronic signatures on the Service Order.

Copyright © 2023 Northern Network Concepts d/b/a Fallsnet – All Rights Reserved

Privacy Policy

Fallsnet’s Privacy Policy

And Your California Privacy Rights

Effective Date: January 31, 2023


Northern Network Concept’s Inc. d/b/a Fallsnet (“Fallsnet,” “us,” “we,” or “our”) values the privacy and security of customer Personal Information. This Privacy Policy describes the types of customer Personal Information collected, used, disclosed, retained, secured and disposed by us.

This Privacy Policy applies to visitors and users of Fallsnet’s website, https://www.fallsnet.com/ (“Site”), and applicants, current and former residential and commercial/business customers of our high speed internet access services (individually, “Service” and collectively, “Services”) residing in the United States. All such visitors, users, applicants, current and former residential and commercial/business customers are collectively, “Customers” “you,” “your.” Any capitalized terms used herein shall have the same meaning as defined in the Fallsnet Terms of Service Agreement.

By using Fallsnet’s Site and Services, Customers consent to the data practices described in this Privacy Policy regarding the collection, use, disclosure, and disposal of your Personal Information. Fallsnet’s Site and Services are designed and targeted to United States audiences and are governed by and operated in accordance with the laws of the U.S. If Customer is not a U.S. citizen or does not reside in the U.S., Customer voluntarily consents to the collection, transfer, use, disclosure and retention of Customer Personal Information in the U.S. Customer also agrees to waive any claims that may arise under Customer’s own national laws.

Your California Privacy Rights Under the Shine The Light Act

Generally, California residents that have a business relationship with Fallsnet are entitled by the “Shine the Light Act” (“Act”) to ask for information identifying the categories of Personal Information that Fallsnet shared with our Affiliates and/or other third parties for their marketing purposes the preceding year, and provide contact information for such Affiliates and/or third parties unless Fallsnet meets certain exceptions in the Act. This Privacy Policy and Site meet those exceptions. Importantly, Fallsnet does not target or knowingly provide Services to California residents, nor does Fallsnet share Customer Personal Information with Affiliates or third parties for their own marketing purposes. If you are a person residing in California and you believe that you have an established business relationship with Fallsnet and have questions regarding our policy regarding the Act, you must send your questions via email or postal mail following the instructions below.

Fallsnet will not accept requests via the telephone or facsimile or respond to requests that are not labeled or sent properly, or do not have complete information.

  • For all requests, include Customer’s full name, street address, city, state and zip code.
  • If sent via email request, Customer must state “Re: Your California Privacy Rights” in the subject line and send Customer email tosupport@fallsnet.com.
  • If sent via postal request, Customer must send a letter or post card to:

Northern Network Concepts, Inc.
58 E. Broadway, Little Falls, MN 56345
Attention: Your California Privacy Rights

1. GENERAL INFORMATION

When Customer uses the Service, the Personal Information Customer voluntarily sends and receives is transmitted over a wireless network, and may be subject to interception by unauthorized third parties. While it is Fallsnet’s objective to take reasonable measures to reduce the risk that unauthorized third parties will intercept the information Customer sends and receives through the Service, Fallsnet cannot and does not make any guarantee that transmissions over the Internet are 100% secure or error-free.

Fallsnet does not knowingly collect, solicit or use Personal Information from anyone under the age of 13. If Customer is under age 13, please do not attempt to register for the Services or send any Personal Information about yourself to Fallsnet. If Fallsnet learns that Fallsnet has collected Personal Information from a child under age 13, Fallsnet will delete that information as quickly as possible to the extent technically feasible. If Customer believes that its child under age 13 may have provided to Fallsnet Personal Information, please contact Fallsnet at support@fallsnet.com.

2. W HAT TYPES OF INFORMATION DO WE COLLECT AND HOW DO WE USE THIS INFORMATION?

Generally, Personal Information is information Customer provides to Fallsnet voluntarily or passively through Customer’s use of the Services and/or Site, that identifies, relates to, describes, is reasonably capable of being associated with, or could reasonably be linked, directly or indirectly, with a particular consumer or household. For the purposes of this Privacy Policy, we also define Personal Information to include such information related to our commercial/business Customers and their end users.

The following are the different ways and reasons we collect Customer Personal Information:

Registration process, billing, and administration: Customer name, email address, phone number (wireless and wireline), billing address and billing information (such as credit card account number or other financial account information), service address, and the nature of any of Customer devices or other property making use of the Service . We will also use this same Personal Information for the installation, troubleshooting, maintenance of the Services, and servicing of equipment.

Social Network Platforms:

Fallsnet has a presence on Facebook’s social media platform and Customers may voluntarily view, sign up to follow, or otherwise engage with our social media at their own level of interest. Customers on our social media platform are governed by the privacy policy of the specific platform. Fallsnet may obtain, transport or merge Personal Information posted publicly on social media platforms, however Fallsnet will not share any such Personal Information with any third party, except as otherwise noted in this Privacy Policy. Occasionally a Customer may post their identifying information on social media, sometimes to alert or inquire about service questions or service interruptions. Fallsnet is not responsible for Personal Information that is publicly disclosed on social media platforms.

  • Customers should be aware that following and/or posting comments on our social media page (or any social media page) may unintentionally expose Customer’s personally identifiable information based on the individual’s Facebook accountholder privacy control settings.

Some forms of information as described below will be classified as Personal Information if required by applicable law or when such information is directly associated with or reasonably linked to a specific person, computer or device, or is combined with other forms of Personal Information.

Website Information, Use of Cookies and other Similar Tracking Technology:

When you visit Fallsnet’s Site, Fallsnet will collect information on Fallsnet server logs from Customer’s browser or device, which may include Customer IP address, unique device identifier, “cookie” information, the type of browser and/or device you’re using to access the Service, and the page or feature Customer requested. “Cookies” and “web beacons” are text file identifiers Fallsnet transfers to Customer’s browser or device that allow Fallsnet to recognize Customer’s browser or device and tell Fallsnet how and when pages and features on the Fallsnet website are visited, by how many people, and other activity on the website. Customer can change the preferences on Customer’s browser or device to prevent or limit Customer’s device’s acceptance of cookies, web beacons or other similar technology, but this may prevent Customer from taking advantage of some of the features on the Fallsnet website, or accessing certain functions and conveniences. If Customer clicks on a link to a third party website or service, such third party may also transmit cookies to Customer. Again, this Privacy Policy does not cover the use of cookies or other such tracking technology by any third parties, and Fallsnet is not responsible for their privacy policies and practices. Fallsnet also uses Personal Information and Non-Personal Information to enhance the Fallsnet website and Fallsnet Service offerings. For example, such information can tell Fallsnet how often visitors use a particular feature of the Fallsnet website and which products and services are most interesting to current and potential customers, and Fallsnet can use that knowledge to make the website useful and interesting to as many users as possible and to enhance and refine Fallsnet’s Service offerings. Fallsnet will continue to conduct analytics on Fallsnet website performance; Customer may not opt-out of this use of cookies or other Personal Information or Non-Personal Information. Technology is improving every day and to improve Fallsnet’s Services’ operation and function Fallsnet may introduce new technologies and monitoring techniques without advance notice or consent from Customer. Fallsnet may also use third party providers to conduct such internal analyses.

Network Information: Fallsnet also collects Network Information, information about Customer access to, and use of, the Fallsnet Network, which may or may not be directly associated with or reasonably linked to a specific person, computer or device. For example, Fallsnet may collect information about the performance of the Provider Equipment installed on Customer property or at Customer premises, when Customer is using the Service, the various devices Customer is using to access the Service, the amount of data Customer is transmitting and receiving, the content of the data Customer is transmitting and receiving, the websites Customer is visiting, and any other information that is transmitted over the Fallsnet Network. Fallsnet may also aggregate Network Information from multiple customers and Fallsnet will share such aggregated Non-Personal information about the overall performance of the Fallsnet Service and the Fallsnet network with our Affiliates and other third parties. Aggregated information does not identify a specific individual, computer or device. We use Network Information to monitor and enhance the performance of the Fallsnet network. Fallsnet will not monitor the content of the websites viewed or email communications as part of Fallsnet’s standard network management.

Generally, Fallsnet will only monitor and preserve the following Network Information:

  • When Customer is using the Service;
  • How Customer is using the Service, such as monitoring traffic patterns regarding websites visited, amount of data being sent or received, or other activity;
  • The amount of data Customer is transmitting and receiving through the Service; and
  • General information regarding the performance of the Provider Equipment installed on Customer’s property or at Customer’s premises, and its interaction with the rest of Fallsnet’s network.

However, Fallsnet reserves the right to, and may, monitor, access, review and preserve any Network Information and/or content in the following situations:

  • In response to an inquiry from Customer or another Authorized User on Customer’s account regarding Customer or their use of the Service or problems Customer or they are experiencing using the Service;
  • If Fallsnet has reason to believe Customer is using the Service in violation of Customer’s Terms of Service Agreement or any applicable statutes, rules, ordinances or regulations;
  • If Fallsnet has reason to believe Customer use of the Service is negatively affecting other Customers; or
  • When Fallsnet is required by law or legal process to do so, or when Fallsnet, in good faith, believes that Fallsnet is required by law or legal process to do so.

3. IS PERSONAL INFORMATION USED FOR MARKETING AND ADVERTISING PURPOSES?

Fallsnet will use Customer Personal Information to send marketing and advertising messages related to our own Services and Site using Customer’s email address, postal address, or telephone number (for voice, texts, automated and pre-recorded calls).

Fallsnet may deliver a marketing or advertising message based on Customer visits to Fallsnet’s website, which will be general advertising or “Contextual Advertising,” which is advertising based on the subject matter or the content of the specific website page or subject matter. Fallsnet may also send Customer “First Party Advertising,” which is advertising or marketing that is customized or personalized based on a history of Customer’s use of our Services (possibly combined with information from our Facebook fan page or other social network platforms). First Party Advertising is based solely on a combination of information Fallsnet collects from Customer – not from Customer’s visits to other websites across the Internet. Customer may opt-out of First Party Advertising but not Contextual Advertising. No Personal Information is used to deliver Contextual Advertising; it automatically will appear based on the content or webpage Customer is viewing. Customer may continue to receive general advertising if Customer opts-out of First Party Advertising, it will not be customized or personalized for Customer.

Fallsnet does not provide third party “Network Advertising,” which is advertising based on Customer’s overall Internet usage across different third party websites or online services. Multiple third party websites and online services are involved in this tailored or personalized advertising process, in essence a “network” of advertising providers. Fallsnet does not provide network ads, Fallsnet does not recognize the “Do Not Track” settings on various Internet browsers. Fallsnet does not engage or allow third parties to track you across the Internet and across time for advertising purposes.

4. LINKS TO THIRD PARTY WEBSITES AND SERVICES

The Fallsnet Site and/or our Facebook Pages (or other social networking platforms) may contain a variety of content and functionality and may provide links to other third party websites or online services. Despite such links, this Privacy Policy applies only to Fallsnet and our Affiliates. The presence of a link does not constitute or imply Fallsnet’s endorsement, recommendation, or sponsorship of the content, goods, services, business or privacy practices on such websites or online services. Fallsnet encourages Customers to be aware and informed when Customers leave Fallsnet’s Site and Fallsnet’s Facebook Pages, or any other social networking platforms.

5. DO WE DISCLOSE CUSTOMER PERSONAL INFORMATION TO THIRD PARTIES?

Customer’s Personal Information will only be disclosed to third parties as listed in this Privacy Policy, and if Fallsnet has received your consent at the time Fallsnet collects your Personal Information or prior to the disclosure of any Personal Information. Fallsnet reserves the right to fully use, disclose and process any non-Personal Information collected from Customer in any manner as well as any information Customer makes public via Fallsnet’s Services or Site.

  • To Our Operational Service Providers: Fallsnet contracts with other companies and people to perform tasks or services on Fallsnet’s behalf and need to share Customer Personal Information to provide products or services to Customers. For example, Fallsnet may use a payment processing company to receive and process Customer’s ACH or credit card transactions for Fallsnet, or Fallsnet may contract with third parties to assist Fallsnet in optimizing Fallsnet’s network. Unless Fallsnet tells Customer differently, Fallsnet does not grant its Operational Service Providers any right to use the Personal Information Fallsnet shares with them beyond what is necessary to assist Fallsnet.
  • For Business Transfers/Restructuring: Fallsnet may choose to buy or sell assets, or Fallsnet may sell assets or be sold. In these types of transactions, customer Personal Information is typically one of the business assets that would be disclosed and transferred. Also, if Fallsnet (or Fallsnet’s assets) are acquired, or Fallsnet goes out of business, enter bankruptcy, or go through some other change of control, including restructuring, re-organization or financing arrangements, Personal Information could be one of the assets disclosed, transferred to or acquired by a third party.
  • For Protection of Fallsnet, and Our Affiliates, Employees, Operational Service Providers, Users and Customers and Public Safety: Fallsnet reserves the right to access, read, preserve, and disclose any Personal Information Fallsnet has access to if Fallsnet believes doing so will implement and/or enforce the Terms of Service Agreement, Website Terms of Use Agreement, Privacy Policy or any legal document; protect our Network(s), website(s), and company assets; protect the interests, rights, property, and/or safety of Fallsnet or Our Affiliates, employees and officers/directors, Operational Service Providers, Resellers, Customers, agents, representatives, third party licensors or suppliers, or the general public.
  • When Required by Law or in Response to Legal Process: Fallsnet reserves the right to access, read, preserve, and disclose any Personal Information when Fallsnet is required by law or legal process to do so, or if Fallsnet has a good faith belief that Fallsnet is required by law or legal process to do so.

6. HOW DO WE PROTECT CUSTOMER PERSONAL INFORMATION?

Fallsnet endeavors to protect the privacy of Customer’s account and other Personal Information using reasonable administrative, technical and physical security measures. However, Fallsnet cannot and do not guarantee complete security. Unauthorized entry or use, hardware or software failure, and other factors, may compromise the security of Personal Information at any time. Customer’s account is protected by a User ID and password for Customer’s privacy and security. It is Customer’s responsibility to prevent unauthorized access to Customer’s account and Personal Information by selecting and protecting Customer password and/or other sign-on mechanism appropriately and limiting access to Customer computer, tablet or device and browser by signing off after Customer has finished accessing Customer’s account. Customer is required to notify us immediately if Customer’s password or account has been disclosed to a person whose name does not appear on Customer’s account, even if you have allowed such disclosure. Customer understands, acknowledges and agrees that Customer is solely responsible for any use of Fallsnet Services via Customer’s username and password.

Additionally, if Customer contacts Fallsnet via Site, telephone or in person, Fallsnet will ask Customer for verification of Customer’s identification and account.

Fallsnet will not send an email or text, nor should Customer respond to any email or text communications asking for any sensitive or confidential Personal Information, such as social security number, bank account or credit card account number, or a driver’s license number. If Customer receives an email or text requesting any such information from Fallsnet or someone that claims they are with Fallsnet or Our Affiliates please contact our Privacy Administrator immediately: privacy@fallsnet.com. For Fallsnet’s IT Support Services as detailed in our Services Agreement, the code that allows Fallsnet to access Customer’s computer desktop to help you resolve technical problems is limited only for that specific session. Fallsnet is not able to access Customer’s Computer without Customer’s knowledge, affirmative consent and involvement.

7. WHAT DISCLOSURE CHOICES DO CUSTOMERS HAVE?

Customer can always choose not to disclose Personal Information to Fallsnet; however, certain Personal Information is necessary for Fallsnet to provide the Service to Customer. Customer may opt out of sharing Personal Information with Our Affiliates only for marketing or advertising purposes, but not for business or operational purposes. Customer may opt out of email marketing and advertising from Fallsnet or its Affiliates using the “Unsubscribe” mechanism in each email. Before Fallsnet sends Customer a text for any reason, or sends Customer a pre-recorded call that contains advertising or marketing information, Fallsnet will secure Customer’s prior written express consent, which can be given via a voice recording, email, text message, postal mail, or telephone key press. Non-telemarketing pre-recorded calls do not require Customer’s prior express consent in writing, unless they are sent to a wireless device. Customer understands, acknowledges and agrees that such texts and pre-recorded telemarketing calls may be sent using an autodialer and are not conditioned on your purchase of the Service. Customer may opt out of receiving text messages any time by replying “STOP” or “UNSUBSCRIBE” to the text message. Customer may opt out of receiving pre-recorded calls by the opt-out instructions in the call. Customer can also request to be added to Fallsnet’s company-specific Do Not Call list to opt-out of advertising and marketing calls of all types. However, Customer will continue to receive calls related to debt-collection and Customer’s current Service. Customer may also opt-out of First Party Advertising, but not Contextual Advertising, as detailed in the “Use of Personal Information for Marketing or Advertising Purposes” section above. Customer may not opt out of Fallsnet’s use of cookies or other similar technology, or use of Customer’s Personal Information and Non-Personal Information for Fallsnet’s internal analytics used to monitor activity on Fallsnet’s website, measure Fallsnet’s Service performance, or to operate and protect the Fallsnet Network.

8. WHAT PERSONAL INFORMATION CAN CUSTOMERS ACCESS, MODIFY AND/OR DELETE?

Generally, Customer may access the following Personal Information in Customer’s account:

  • Full name
  • Username and password
  • Email address
  • Telephone number; and
  • Billing and Service address
  • Account and billing information

By contacting Fallsnet at billing@fallsnet.com, or through any online access portal and/or via telephone, Fallsnet may enable Customers to view, access and modify Customer account settings, and in some cases, edit or delete the Personal Information listed above. Fallsnet will retain historic email, billing and/or Service addresses for security and verification purposes and Customers may not delete such information even after the subscription expires or terminates.

Existing Customers may not delete any Personal Information because such information is necessary to provide and bill for the Services; Customers may only update or modify the following Personal Information: Name, Email address, Phone Numbers, Billing Address, Service Address, Billing Information (e.g. Credit Card Information), Account Services, Username, and Password .

Fallsnet may use any aggregated data derived from Customer’s Personal Information but not in a manner that would identify Customer personally. Fallsnet may also maintain Personal Information regarding Customer and Customer’s use of the Service after Customer is no longer a Fallsnet customer as required by Fallsnet’s business practices, by law, and/or tax reporting purposes. The information Customer can view, update, and delete may also change if required by law. If Customer has any questions about viewing or updating information Fallsnet has on file about Customer, please contact Fallsnet at: billing@fallsnet.com.

9. WILL THIS PRIVACY POLICY EVER CHANGE?

Yes, Fallsnet is constantly working to improve the Service, so Fallsnet will need to update this Privacy Policy from time to time as Fallsnet’s business practices change and service offerings increase, and/or there are changes in local, state or federal laws. Additionally, Fallsnet will also make stylistic, organizational and/or grammatical changes to present Fallsnet privacy practices in a user friendly easy to read manner. Fallsnet will alert Customers to any such changes by placing a notice on Fallsnet’s Site and App with the effective date of the revised Privacy Policy, and/or by sending Customers an email, or by some other means to the extent required by law. Please note that if Customers have not provided Fallsnet with Customer’s email address or Customer has not updated Customer contact information, those legal notices will still govern Customer use of the Service, and Customer is still responsible for reading and understanding all notices posted on Fallsnet’s website. Customer’s continued use of the Service or website after notice of any changes have been provided will indicate Customer’s acceptance of such changes, except where further steps are required by applicable law.

Use of Customer’s Personal Information is primarily governed by the Privacy Policy in effect at the time Customer subscribed to the Service or visited the Fallsnet website. If Fallsnet elects to use or to disclose Personal Information that identifies Customer as an individual in a manner that is materially different than that stated in the Privacy Policy in effect at the time you subscribed to the Service or visited the Fallsnet Site, Fallsnet will provide Customer with an opportunity to consent to such use or disclosure. Depending on the circumstances, that consent may include an opt-out.

10. WHAT IF YOU HAVE QUESTIONS OR COMMENTS ABOUT THIS PRIVACY POLICY?

If you have any questions or concerns regarding Fallsnet’s privacy practices and policies, please contact Fallsnet at:

Northern Network Concepts, Inc.
https://www.fallsnet.com
Fallsnet 58 E Broadway Little Falls, MN 56345
(320) 616-2166
support@fallsnet.com

© Copyright 2023, Northern Network Concepts, Inc. - All Rights Reserved.

Acceptable Use Policy

FALLSNET

ACCEPTABLE USE POLICY

All Customers must comply with the policies and terms of this Acceptable Use Policy (the “AUP” or “Policy”). This Policy, including its use and behavior restrictions, is in addition to the restrictions contained in the Northern Network Concepts / Fallsnet (“Fallsnet”) Terms of Service Agreement and has been incorporated by reference into the Terms of Service Agreement. Any capitalized terms used herein shall have the same meaning as defined in the Terms of Service Agreement.

This AUP applies to the various services offered by Fallsnet, including Fallsnet TerraWave Internet Service, Fallsnet Wireless Broadband Service and Fallsnet Wireless Internet Service (collectively, “Services”). Customer understands, acknowledges and agrees that Fallsnet reserves the right to immediately suspend or terminate any Service without prior notice for Customer’s failure to comply with any portion of this Policy or the Terms of Service Agreement. Please see the Terms of Service Agreement for details on the suspension and termination policy. Any violation of this Policy and Terms of Service Agreement may also lead to prosecution under local, state and/or federal law.

(a) “Acceptable use” is hereby defined as the normal activities associated with the Customer’s use of Fallsnet’s Services, including without limitation, usage of the Fallsnet Network and any other facilities for accessing the World Wide Web, Internet Relay Chat, USENET Newsgroups, Email, and other Internet-related features.

(i) Customer shall not advertise that the Services are available for use by third parties or unauthorized users. Customer shall not resell or redistribute, or allow others to resell or redistribute, access to the Services in any manner, including, but not limited to, wireless technology.

(b) “General Prohibited Activities for All Services” include without limitation the following, whether any such use or behavior is conducted negligently, recklessly, knowingly, or intentionally:

(i) Misusing the Services, regardless of whether the inappropriate or unlawful use or activity was committed by an invitee, licensee, agent, servant, guest, patron, visitor, employee or any other person who gains access to the Services. Therefore, Customer is responsible to take steps to ensure that others do not gain unauthorized access to the Services, for instance by strictly maintaining the confidentiality of Customer’s passwords or by appropriately protecting the use of Customer’s computer, network or any wireless devices. Customer is solely responsible for the security of any device Customer choose to connect to the Services, including any data stored on that device.

(ii) Using Services to distribute or receive content that is illegal, threatening, abusive, harassing, defamatory, libelous, tortious, malicious, indecent, obscene, deceptive, fraudulent, invasive of another’s privacy or other rights, or otherwise objectionable in Fallsnet’s sole discretion.

(iii) Using Services in connection with commercial surveys, pyramid schemes, chain letters, junk email, spamming, or any duplicative or unsolicited messages (commercial or otherwise) not in compliance with the federal CAN-SPAM Act or the Telephone Consumer Protection Act (“TCPA”) and applicable state laws.

(iv) Harvesting or otherwise collecting information about others, including email addresses, telephone numbers, or other Personal Information without consent.

(v) Creating a false identity for the purpose of deceiving others as to the identity of the sender or the origin of a message or call, website or mobile application (“App”).

(vi) Transmitting or uploading any material that contains viruses, Trojan horses, worms, time bombs, cancel bots, or any other harmful or deleterious programs or software or other material protected by intellectual property laws, rights of privacy or publicity or any other Applicable Law unless Customer owns or controls the rights thereto or have received all necessary authorizations.

(vii) Interfering with or disrupting networks connected to the Services or violate the regulations, policies or procedures of such networks.

(viii) Attempting to gain unauthorized access to the Services, other accounts, computer systems, devices, or networks connected to the Services, through password mining or any other means.

(ix) Hosting any type of harmful publicly accessible file sharing, gaming, or email server including, but not limited to HTTP, FTP, SMTP, POP3, and Peer-to-Peer that could interfere with the technical operations of the Fallsnet Network, or could interfere with another Customer or user’s use and enjoyment of the Services.

(x) Using the Services or take any action, directly or indirectly, that will result in excessive consumption or utilization of the Services or Fallsnet Network resources, or which may weaken network performance, as determined in Fallsnet’s sole discretion, such as (a) using the Services to host a web server site which attracts excessive traffic at Customer’s location; (b) continuously uploading or downloading streaming video or audio, USENET hosting, or continuous FTP uploading or downloading; (c) and continued use of programs or commands which take a large amount of system resources, be that processor time, memory, network bandwidth, and/or drive space on the host system. These activities can hamper the delivery of or disrupt the technical performance of the Services to all Customers.

(c) “Prohibited Internet Service Activities” specifically include without limitation the following, whether any such use or behavior is conducted negligently, recklessly, knowingly, or intentionally:

(i) Using background and/or server-type applications, including without limitation IRC bots, HTTP servers, MUDs, and any other harmful process which were initiated by the Customer that continues execution on the system upon Customer logout. FCC authorized smart home systems and IoT devices are excluded from this prohibition.

(ii) Storing files on the Fallsnet Network that are not used regularly for extended periods of time, including without limitation, Customer Material. FCC authorized smart home systems and IoT devices are excluded from this prohibition. Customer should use cloud-based storage programs such as One Drive or iCloud to store any Customer Material.

(iii) Flooding or abusing other Customers or users, including without limitation, ICMP flooding, mail bombing (sending large amounts of email repeatedly to a person for purposes of harassment), phishing, mass mailings to multiple addresses via bulk email not in compliance with the federal CAN-SPAM Act and Telephone Consumer Protection Act, MSG/CTCP flooding on IRC, as well as other, less common methods. “Bulk Email” is defined as the same or similar email messages sent to more than twenty-five (25) recipients.

(iv) Using programs such as packet sniffers, password crack programs, or similar utilities or applications to access Fallsnet Network or systems.

(v) Sharing Services with another person to avoid payment of a second or upgraded Service. Customer may connect multiple computers/devices within a single location to Customer’s modem, router, and/or radio to access the Internet Service, but only through a single Fallsnet-issued IP address.

(vi) Using flood pinging, broadcast pinging, multicast, or IGMP use outside of the private network.

(vii) Using any application, software, or technique to scan any host’s ports.

(viii) Abusing email, including without limitation, sending unsolicited messages not in compliance with the CAN-SPAM Act or TCPA, sending harassing and/or threatening messages, and forging of email addresses to make the email appear to be from another person.

(ix) Abusing USENET services or social network platforms, including without limitation, forging of addresses, harassment/threats, posting of the same message to multiple newsgroups (spamming), as well as the posting of information in newsgroups or platforms where it is not relevant and unwanted.

(x) Using or promoting pyramid/money-making schemes, including without limitation, the transfer of information or solicitation of persons to extort money or other valuables.

(xi) Using pirated software to avoid the purchase of any software such as Adobe Photoshop, Microsoft Office, etc. and exporting software or technical information in violation of U.S. export control laws.

(xii) Copying, streaming, broadcasting, posting or any distribution of copyrighted material or software without the authorization of the copyright owner, including without limitation, the digitization and distribution of photographs or other content from magazines, books, or other copyrighted sources.

(d) “Prohibited VoIP Activities” include without limitation the following:

(i) Creating a false Caller ID identity (“ID Spoofing”) or false email/SMS address or header, or otherwise attempting to mislead others as to the identity of the sender or the origin of any communication made using the Services.

(ii) Auto-dialing or “predictive” dialing (i.e., non-manual dialing or using a software program or other means to continuously dial or place out-bound calls including texts).

(iii) Sending pre-recorded or artificial voice calls (also known as “Robocalls”) for any reason without the prior express consent of the recipient.

(iv) Trunking or forwarding a VoIP number to another phone number(s) capable of handling multiple simultaneous calls, or to a private branch exchange (PBX) or a key system.

(v) Using or hosting bulk call-in lines (e.g., customer support or sales call centers, “hotlines,” 900 numbers, sports-line numbers, etc.).

Customer understands, acknowledges and agrees that the unlawful, inappropriate and/or prohibited use and content transmitted through the Fallsnet Services could subject Customer to criminal as well as civil liability, in addition to any actions or penalties as provided in the Terms of Service Agreement.

# # #

Open Internet Policy

Fallsnet

Open Internet Transparency Policy

Effective as of January 2023

Northern Network Concepts / Fallsnet (“Fallsnet”) (“we,” “our,” or “us”) is committed to an open Internet and supports the following Net Neutrality principles:

  • Transparency
  • NO Blocking of Internet content, subject to reasonable network management as described below
  • NO Throttling of Internet content, subject to reasonable network management as described below
  • NO Unreasonable Discrimination
  • NO Paid Prioritization of Internet content
  • Freedom of Customers to access lawful content
  • Freedom of Customers to use non-harmful applications of their choice
  • Freedom of Customers to attach non-harmful personal devices

This Open Internet Policy sets forth certain information regarding the policies and practices of Fallsnet and how we manage our network for broadband internet access service (the “Fallsnet Network”). This Open Internet Policy is a supplement to and is incorporated by reference in our Fallsnet Terms of Service Agreement available at: https://www.fallsnet.com/Info/Policies , and in the event of any inconsistency between this Open Internet Policy and the Terms of Service Agreement, this Open Internet Policy shall control.

Fallsnet’s broadband access service is a fixed wireless service (“Service”). Generally, given the nature of fixed wireless services, certain circumstances may affect the speed and quality of the Service, including but not limited to foliage, line-of-sight obstructions, the distance between a Customer’s premises and the transmission point, as well as the Customer’s connection of multiple devices to the Fallsnet Network. Although we have engineered the Fallsnet Network to provide consistent high-speed data services, some network management for these scenarios is required, because very heavy data usage by even a few customers at times and places of competing network demands can affect the performance of all Customers.

I. NETWORK MANAGEMENT PRACTICES

A. Blocking: Other than reasonable network management practices disclosed below, we do not block or otherwise prevent a Customer from lawful content.

B. Throttling: Other than reasonable network management practices disclosed below, we do not throttle or otherwise degrade or impair access to lawful Internet traffic on the basis of content, application, service, user, or use of a non-harmful device.

C. Affiliated Prioritization: We do not directly or indirectly favor some traffic over other traffic, including through use of techniques such as traffic shaping, prioritization, or resource reservation, to benefit any of our affiliates, defined as an entity that controls, is controlled by, or is under common control with Fallsnet.

D. Paid Prioritization: We do not directly or indirectly favor some traffic over other traffic, including through use of techniques such as traffic shaping, prioritization, or resource reservation, in exchange for consideration, monetary or otherwise.

E. Congestion Management: Our Service is provided on a “best efforts” basis and our congestion management practices are in place to ensure that all Customers experience as high quality a service under varying usage periods. Our typical frequency of congestion is estimated at less than 1 percent. In a manner consistent with our Terms of Service Agreement and Privacy Policy, we may monitor network traffic to ensure capacity is sufficient to maintain an efficient network load, to perform diagnostics and to otherwise manage and enhance the Fallsnet Network. To help manage traffic on the Fallsnet Network, during times of high demand, we may allocate available bandwidth among Customers on an equal basis, by account level. In addition, we may prioritize certain applications, such as public safety and voice, over other traffic types.

i. We may also use specific traffic shaping software in order to ensure high quality of experience.

ii. We may also conduct deep packet inspection (“DPI”), which is a type of filtering that will examine the data and/or header part of Internet traffic for viruses, spam, intrusions, or protocol non-compliance that may harm the Fallsnet Network; to determine the routing of Internet traffic; for internal statistical and performance purposes; for lawful intercept capabilities, and/or enforcement of our Terms of Service Agreement. We do not use DPI to conduct data mining for targeted marketing or advertising, or anti-competitive purposes.

iii. If we determine, in our sole and reasonable discretion, that the manner in which a Customer is using the Service negatively impacts other Customers or the Fallsnet Network, we reserve the right to apply additional congestion management techniques.

F. Application-Specific Behavior: Subject to the qualification that Fallsnet may reasonably limit or rate-control specific or classes of applications, or other specific protocols or protocol ports as set forth below, Fallsnet generally treats all lawful applications identically. However, we reserve the right to block or limit access to any applications, ports or protocols that we determine, in our sole and reasonable discretion, may expose the Fallsnet Network to potential legal liability, harm the Fallsnet Network or otherwise interfere with or impair the experience of other Customers on the Fallsnet Network. The Fallsnet Network may also not support certain peer-to-peer applications that carry unlawful or harmful content/software.

G. Device Attachment Rules: Generally, you do not need approval to connect a third-party device to the Fallsnet Network. Fallsnet does not limit the types of devices that can be connected to the Fallsnet Network, provided they are used for lawful purposes and do not harm the Fallsnet Network, violate our Terms of Service Agreement, or harm other users of the Network. However, if we determine, in our sole and reasonable discretion, that the connection of a particular type of device to the Fallsnet Network negatively impacts other users or the Fallsnet Network, or may expose us to potential legal liability, we reserve the right to limit or restrict Customers’ ability to connect such type of device to the Fallsnet Network. If you need technical support services to assist you in the installation and configuration of third party devices, please contact us or visit https://www.fallsnet.com/Contact . Depending on your level of Service, there may be an additional monthly fee for IT support services.

H. Security: We have taken reasonable physical, technical and administrative safeguards to protect the integrity and operations of the Fallsnet Network. We monitor the Fallsnet Network for security threats and may prohibit certain activity on the Fallsnet Network that we may deem, in our sole and reasonable discretion, poses a potential risk to the Fallsnet Network or to other Customers. Triggering conditions include but are not limited to denial of service activity, IP address or port scanning, excessive account login failures; or certain Internet addresses that are disruptive, malicious and typically persistent. If we notice excessive Customer connections, including but not limited to Wi-Fi connections, that are harmful or are commonly used to disrupt the normal use of the Fallsnet Network or use by other Customers, we will attempt to notify the Customer to work collaboratively to remedy the issue to the extent possible; however, we reserve the right as a reasonable security practice, without advance notice, to block any Customer traffic, ports, protocols, devices, or applications (such as peer-to-peer applications that may carry malicious software or are known to be problematic) that we determine, in our sole and reasonable discretion, may cause harm to the Fallsnet Network or to other Customers, or may expose us to potential legal liability.

II. PERFORMANCE CHARACTERISTICS AND COMMERCIAL TERMS

Specific service fees and rates for an individual Customer is publicized on the Fallsnet Website.

A. Service Description and Pricing: Links to a current description of the categories of Internet access service offered to residential and business Customers are available here, including pricing, expected and actual access speed and latency, and the suitability of the service for real-time applications:

RESIDENTIAL / BUSINESS

i. TerraWave Internet Service, details available at: https://www.fallsnet.com/Internet/TerraWave

ii. Fallsnet Wireless Internet Service, details available at: https://www.fallsnet.com/Internet/Wireless

iii. Wireless Broadband Internet Service, details available at: https://www.fallsnet.com/Internet/Broadband

B. Impact of Non-Broadband Internet Access Service Data Services (also known as “Specialized Services”) : We do not offer data-related Specialized Services to Customers that will affect the last-mile capacity available for, and the performance of, our broadband Internet access Service offering. However, there may be a temporary slowing of Internet speed when using any of Fallsnet’s broadband services at the same time.

C. Various Fees. We will assess fees for our Services, where applicable. Please see https://www.fallsnet.com/Info/Fees for pricing details.

D. Fees for Additional Services: A current description of the fees for additional network-related services (Email service, Web Hosting, Static IP, etc.) can be found at https://www.fallsnet.com/Info/Fees .

E. Network Speeds: Fallsnet offers a standard range of download speeds to residential and business subscribers varying from 10 Mbps to 100 Mbps for Fallsnet Wireless Internet, 200 Mbps to 950 Mbps for TerraWave Internet, and 200 Mbps to 600 Mbps for Wireless Broadband. The Fallsnet Network is designed to support these speeds to help ensure that every Customer receives the speeds to which they have subscribed. Fallsnet however cannot guarantee speeds at all times, as there are many factors and conditions beyond Fallsnet’s control that can affect Internet performance. Some of these external factors and conditions are:

i. Performance of Subscriber computer and/or router

ii. Type of connection to Subscriber’s own equipment (i.e., Wi-Fi)

iii. Congestion of websites and services on Internet

iv. Website or service limiting speeds on the Internet

v. Internet and equipment performance outside of the Fallsnet Network

The Fallsnet Services are advertised as “up to” certain speeds reflecting performance under ideal conditions. Without purchasing an expensive “dedicated” Internet connection, no Internet Service Provider can guarantee package speeds at all times.

F. Acceptable Use: As set forth in the Terms of Service Agreement, all of Fallsnet’s service offerings are subject to the Acceptable Use Policy (“AUP”) section of the Terms of Service Agreement, which we may from time to time establish or revise. The AUP is available at: https://www.fallsnet.com/Info/Policies .

G. Privacy Policy: Fallsnet’s current Privacy Policy is available at: https://www.fallsnet.com/Info/Policies .

H. Redress Options: Fallsnet endeavors to respond to all Customer concerns and complaints in a timely and fair manner. We encourage Customers to contact us at (320) 616-2166, or complaint@fallsnet.com, or U.S. postal mail to discuss any complaints or concerns as they arise. Our postal address is 58 E Broadway, Little Falls, MN 56345.

I. Jurisdiction and Venue: In the unlikely event that Fallsnet and Customer are unable to resolve a dispute after attempting to do so informally, the Terms of Service Agreement requires the use of small claims court to resolve disputes and otherwise limits the remedies available to Customers in the event of a dispute.

III. FCC REQUIREMENTS AND COMPLAINT PROCESS

The Federal Communications Commission (“FCC”) has adopted rules to preserve the Internet as an open platform (“Rules”). Information regarding these Rules is available on the FCC’s website at: https://www.fcc.gov/restoring-internet-freedom .

If a Customer believes that we are not in compliance with the FCC’s rules, the Customer may file an informal complaint with the FCC. The FCC urges Customers to submit any complaints via its website at the following address: https://consumercomplaints.fcc.gov/hc/en-us .

IV. ADDITIONAL DISCLAIMERS

This Open Internet Policy does not affect, alter or otherwise supersede the legal status of cooperative efforts by Fallsnet that are designed to curtail copyright or trademark infringement in response to information provided by rights holders in a manner that is timely, effective, and accommodates the legitimate interests of the company, rights holders, our Customers and other end users. Furthermore, this Open Internet Policy does not prohibit us from making reasonable efforts to address the transfer of unlawful content or unlawful transfers of content. For additional information, please review the Terms of Service Agreement and Privacy Policy.

DMCA Copyright Infringement Policy

THIS POLICY IS SUBJECT TO MODIFICATION OR TERMINATION AT ANY TIME, WHETHER FOR CHANGES IN THE LAW, CHANGES TO OUR DESIGNATED AGENT, OR AT OUR CONVENIENCE WITHOUT ADVANCE NOTICE. YOU MUST CHECK BACK FREQUENTLY TO ENSURE THAT YOU SEE A CORRECT, CURRENT VERSION OF THE NOTICE.

NORTHERN NETWORK CONCEPTS, INC. / FALLSNET

DMCA Copyright Infringement Policy

Effective January 2023

This is the official copyright infringement notification policy (“DMCA Policy”) for the website(s) and Service(s) owned, operated or provided by Northern Network Concepts, Inc. / d/b/a Fallsnet (“Fallsnet,” “our,” “us,” or “we”) . This DMCA Copyright Infringement Policy sets forth the procedures that are required for customers, subscribers, users and visitors (collectively “Users”) to notify us of an alleged copyright infringement of any of our website(s) or Service(s) and the procedures undertaken by us to respond to such notices under the Digital Millennium Copyright Act, 17 U.S.C. § 512(c)(3) (“DMCA”).

Any capitalized terms that are not defined in this DMCA Copyright Infringement Policy shall have the same meaning given in our terms and conditions/use agreement for our website(s) or Service(s), (collectively “Service Agreements”). This DMCA Policy is incorporated by reference into our Service Agreements. The Service Agreements and this DMCA Policy are legally binding on all Users.

How to Provide Notification for Claims of Copyright Infringement

If you have a good faith reasonable belief that any material on our website(s) or Service(s) are infringing on your copyrights, and you wish to notify us of such alleged copyright infringement, you must provide the following information in a written communication in the form required by the DMCA to our Designated Agent (see below for contact information); it must include substantially the following information:

1. A physical or electronic signature of the owner or a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed;

2. Identification of the copyrighted work claimed to have been infringed, or, if multiple copyrighted works on our Website or Service are covered by a single notification, a representative list of such works at that Website or Service;

3. Identification of the material that is claimed to be infringing or to be the subject of infringing activity and that is to be removed or access to which is to be disabled, and information reasonably sufficient to permit us to locate the material;

4. Information reasonably sufficient to permit our Designated Agent to contact the complaining party, such as a postal address, telephone number, and, if available, an electronic mail address at which the complaining party may be contacted;

5. The statement that the complaining party has a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law; and

6. A statement that the information in the notification is accurate and under penalty of perjury, that the complaining party is the owner or is authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.

You may contact our Designated Agent for Notification of Claimed Copyright Infringement at:

Name of Service Provider: Northern Network Concepts, Inc.

Name of Designated Agent: DMCA Agent

Postal Address: 58 E. Broadway, Little Falls, MN 56345

Telephone Number: (320) 616-2166

Email Address: DMCA@fallsnet.com

If you send your claim via email, you must put “DMCA Infringement Notification” in the subject line of the email . The above address is intended only for notifications and any related correspondence regarding claims of copyright infringement for the Service(s) or website(s) under this DMCA Policy. Correspondence pertaining to other matters will not receive a response if sent to the above contact information.

We will remove or disable access to any posted material for which we have received a notice of claimed copyright infringement in substantial conformance with the DMCA. United States law provides significant penalties for submitting a false or fraudulent claim of copyright infringement.

WE CAUTION YOU THAT IF YOU KNOWINGLY MISREPRESENT THAT ONLINE MATERIAL IS INFRINGING, YOU MAY BE SUBJECT TO SEVERE CIVIL PENALTIES. THESE INCLUDE MONETARY DAMAGES, COURT COSTS, AND ATTORNEY’S FEES INCURRED BY US, BY ANY COPYRIGHT OWNER, OR BY ANY COPYRIGHT OWNER'S LICENSEE THAT IS INJURED AS A RESULT OF OUR RELYING UPON YOUR MISREPRESENTATION. YOU MAY ALSO BE SUBJECT TO CRIMINAL PROSECUTION FOR PERJURY.

If we have an accurate postal mail or email address, we will also send a notification to the User who posted the material informing the User that the material was removed or access to it was blocked because of claimed copyright infringement. The User has a right to send us a counter-notice challenging our removal of the User’s material, or disabling his/her access to the website or Service as described below.

We will terminate the privileges, subscription, membership, and/or account of any User who repeatedly uses our website(s) or Service(s) to unlawfully transmit, download, upload, broadcast, stream or post copyrighted material without a license, express consent, valid defense or fair use exemption to do so. Please see the “Repeat Infringer Policy” below.

Repeat Infringer Policy

Under certain circumstances we will terminate the privileges, account(s) and/or membership of Users that are repeat infringers. A person does not have to be found guilty of copyright infringement in a court to be deemed a repeat infringer. We will review the circumstances of each situation and the decision to terminate will be at the sole discretion of our Designated Agent based on the frequency and number of complaints against that User. Generally, we will terminate a User’s account, membership, or subscription when that User has been notified for three (3) complaints/violations over a period of four (4) months but no more than four (4) complaints/notices over a period of twelve (12) months. However, we reserve the right to terminate a User at any time as we deem appropriate based on the circumstances of the User’s actions. A complaint/violation will not be assessed against the User if the User has filed a counter-notice of infringement, and there are no further legal actions from the copyright owner or owner’s agent.

Each User understands, acknowledges, and agrees that if his or her account, membership or subscription is terminated pursuant to this DMCA Policy, the User will not attempt to establish a new account, membership or subscription under any name, real or assumed. The User further understands, acknowledges, and agrees that by opening a new account, membership or subscription after being terminated pursuant to this DMCA Policy, he/she will have violated this DMCA Policy and Service Agreements and shall indemnify and hold us harmless for any and all liability that we may incur.

How to Appeal the Removal of Material with a Counter-Notice If You Believe the Content Was Not Infringing

If you are a User who posted material that was removed in response to a notice of infringement or your access to our website(s) or Service(s) were disabled and you believe that such material was removed or disabled due to a mistake or misidentification, you may request that we restore the posting or cease blocking access to the material by sending us a written communication via postal mail, email, or facsimile to our Designated Agent for receiving notices of infringement. (See above for our Designated Agent’s contact information). This counter-notice must include substantially the following information:

1. A physical or electronic signature of the User of the Website or Service;

2. Identification of the material that has been removed or to which access has been disabled and the location on our Website or Service at which the material appeared before it was removed or access to it was disabled.

3. The statement: “I swear, under penalty of perjury, that I have a good faith belief that the material was removed or disabled as a result of a mistake or misidentification of the material to be removed or disabled."

4. The User’s full name, postal address, telephone number and email address (if applicable), and the statement that the User consents to the jurisdiction of the Federal District Court for the district in which the address is located, or if the User’s address is outside of the United States, for any judicial district in which Fallsnet or its appropriate subsidiary may be found, and that the User will accept service of process from the person who provided notification of copyright infringement under 17 U.S.C. § 512(c)(1)(C) or an agent of such person.

When we receive a counter-notice that complies with these requirements, we will forward it to the person who submitted the original claim of copyright infringement. Please note that when we forward the counter-notice, it includes your Personal Information. By submitting a counter-notification, you consent to having your Personal Information revealed to third parties.

We also reserve the right, but not the obligation, to restore the material that was removed or to allow access to the material. As stated in our Service Agreements, we can at our discretion remove any material for any purpose at any time. If we receive a counter-notice from the User that posted the material subject to a claim of copyright infringement, we will take the following actions: 1) We will forward a copy of the counter-notice to the person who sent the notice of infringement and inform him/her that the removed material may be restored or we may allow access to the material in ten (10) business days. 2) If during those 10 business days, the person who sent the original notice of infringement notifies us that he/she has filed an action seeking a court order to restrain the User from infringing activity relating to the material on our website(s) or Service(s), we will not restore or allow access to the material. 3) Otherwise, we may restore the material and allow access at our sole discretion.

However, as a User, you acknowledge, understand and agree that we generally retain the right to modify, move, remove, block access to, replace or decline to restore material at any time for any reason without notice to or any liability to the posting User.

Please contact us at support@fallsnet.com if you have any questions regarding this DMCA Policy. Do NOT send notices of infringement to this email address; see the above contact information for our DMCA Designated Agent.

© Copyright 2022 Northern Network Concepts, Inc. / Fallsnet – All Rights Reserved